Ellis v. Costco Wholesale Corporation

Filing 861

STIPULATION AND ORDER re 860 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Regarding Expert Testimony at Trial filed by Elaine Sasaki. Signed by Judge Edward M. Chen on 6/3/15. (bpf, COURT STAFF) (Filed on 6/3/2015)

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SEYFARTH SHAW LLP
Kenwood C. Youmans (SBN 68258)
David D. Kadue (SBN 113578)
2029 Century Park East, Suite 3500
Los Angeles, California 90067-2901
Telephone: [phone]
Facsimile: [phone]
[e-mail]

DAVIS, COWELL & BOWE, LLP
Steve Stemerman (SBN 067690)
Elizabeth A. Lawrence (SBN 111781)
595 Market Street, #1400
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]

SEYFARTH SHAW LLP
Gerald L. Maatman (admitted pro hac vice)
Annette Tyman (admitted pro hac vice)
131 South Dearborn Street
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
[e-mail]

[Additional Counsel Listed after
Signature Page]

[Additional Counsel Listed after
Signature Page]

Attorneys for Plaintiffs

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THE IMPACT FUND
Jocelyn D. Larkin (SBN 110817)
Robert Schug (SBN 249640)
125 University Avenue, Suite 102
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorneys for Defendant Costco Wholesale
Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHIRLEY "RAE" ELLIS, et al.,

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Plaintiffs,
v.
COSTCO WHOLESALE CORPORATION
Defendant.

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Case No. C04 3341 EMC
STIPULATION AND PROPOSED
ORDER REGARDING
EXPERT TESTIMONY AT TRIAL

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STIP. RE EXPERT TESTIMONY AT TRIAL
Case No. C04 3341 EMC

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STIPULATION

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With respect to the bench trial on the claims of Elaine Sasaki, set for July 27, 2015, the

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parties have designated four experts. For each expert, the parties—on about March 23, 2015, or

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April 8, 2015—served a report containing that expert’s opinions (“the Expert Reports”). Three of

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these experts—Ali Saad, Richard Martell, Greg Mitchell—are the subject of this stipulation. The

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fourth designated expert, Amy Oppenheimer, is not affected by this stipulation.

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Subject to the Court’s approval, the parties have agreed that, in lieu of calling Drs. Saad,
Martell, and Mitchell to testify at trial, they will instead submit to the Court their Expert Reports.

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Each party reserves the right to comment on the contents of the Expert Reports, during

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argument or briefing. Each party also reserves the right to object to any part of an Expert Report

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on the basis that it is not admissible under Rule 702 of the Federal Rules of Evidence, but the

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parties agree that no Daubert motion in limine will be filed to exclude any of the Expert Reports

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in its entirety. The parties understand that the Court may invite further argument on the

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significance of the Expert Reports if it deems that argument appropriate.

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The parties agree that the Court may consider the previously submitted expert reports of

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Reskin and Landy (Docket Nos. 135, 151, 152, 463-3) to the extent that the Court finds that

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consideration necessary to evaluate any Expert Report’s reliance on either the Reskin or Landy

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reports.

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References to material that any claimant or Costco has submitted with respect to

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arbitration claims will not be considered. In particular, any references to that material in the

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Mitchell Expert Report will be redacted before that report is submitted to the Court.

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The three Expert Reports at issue will be submitted at or before the time that the parties

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submit their trial briefs. For each Expert Report, the parties will also submit a declaration of

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counsel attaching any deposition testimony cited in the respective Expert Report.

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STIP. RE EXPERT TESTIMONY AT TRIAL
CASE NO. C04 3341 EMC

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Should the Court not approve this Stipulation, the parties agree that no rights have been

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waived as to calling or objecting to the Expert Reports.

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IT IS SO STIPULATED.

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Dated: June 2, 2015

s/ Jocelyn D. Larkin

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Attorneys for Plaintiff Elaine Sasaki

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Dated: June 2, 2015

s/ David Kadue

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Attorney for Defendant Costco Wholesale Corp.

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[PROPOSED] ORDER

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APPEARING,
The parties’ agreement regarding the Expert Reports of Ali Saad, Richard Martell,
and Gregory Mitchell is approved.
IT IS SO ORDERED.

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S
UNIT
ED

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. Chen

ward M
udge Ed

J
Honorable Edward M. Chen
UNITED STATES DISTRICT COURT
ER
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D IS T IC T O
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Dated: June____ , 2015

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DERED

O OR
IT IS S

NO

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S DISTRICT
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PURSUANT TO THE PARTIES’ STIPULATION AND GOOD CAUSE

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STIP. RE EXPERT TESTIMONY AT TRIAL
CASE NO. C04 3341 EMC

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Additional Counsel:

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Additional Counsel for Plaintiff

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LEWIS, FEINBERG, LEE,
RENAKER & JACKSON, P.C.
Bill Lann Lee (SBN 108452)
Lindsay Nako (SBN 239090)
476 9th Street
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]

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[e-mail]

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LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP
Kelly Dermody (SBN 171716)
Daniel Hutchinson (SBN 239458)
Embarcadero Center West
275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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ALTSHULER BERZON LLP
James M. Finberg (SBN 114850)
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Additional Counsel for Defendant

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SEYFARTH SHAW LLP
David B. Ross (admitted pro hac vice)
620 8th Avenue
32nd Floor
New York, New York 10018
[phone]

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[e-mail]

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SEYFARTH SHAW LLP
Thomas J. Wybenga (admitted pro hac vice)
688 110th Avenue NE
Bellevue, WA 98004
Telephone: [phone]
Facsimile: [phone]

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[e-mail]

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STIP. RE EXPERT TESTIMONY AT TRIAL
CASE NO. C04 3341 EMC

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CERTIFICATE OF SERVICE

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I hereby certify that on June 2, 2015, I electronically transmitted the attached

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document to the Clerk’s Office using the CM/ECF System for filing and transmittal and a

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Notice of Electronic Filing was electronically transmitted from the court to the e-mail

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addresses on file.

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s/ Jocelyn D. Larkin

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Jocelyn D. Larkin

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STIP. RE EXPERT TESTIMONY AT TRIAL
CASE NO. C04 3341 EMC