Briggs v. United States of America et al

Filing 87

STIPULATION AND ORDER TO ALLOW SUPPLEMENTAL CLASS NOTICE AND TO RESCHEDULE PRETRIAL CONFERENCE AND TRIAL (whalc2, COURT STAFF) (Filed on 4/14/2009)

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Case 3:07-cv-05760-WHA Document 82 Filed 04/07/2009 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Deepak Gupta (pro hac vice) Brian Wolfman (pro hac vice) PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street, N.W. Washington, D.C. 20009 Tel. (202) 588-7739/Fax (202) 588-7795 dgupta@citizen.org; brian@citizen.org S. Chandler Visher (State Bar No. 52957) LAW OFFICES OF S. CHANDLER VISHER 44 Montgomery Street, Suite 3830 San Francisco, California 94104 Tel. (415) 901-0500/Fax (425) 901-0504 chandler@visherlaw.com Marie Noel Appel (State Bar No. 187483) CONSUMER LAW OFFICE OF MARIE NOEL APPEL 44 Montgomery Street, Suite 3830 San Francisco, California 94104 Tel. (415) 901-0508/Fax (415) 901-0504 marie@consumerlaw.ws Attorneys for Plaintiff Julius Briggs UNITED STATES DEPARTMENT OF JUSTICE Ruth A. Harvey Assistant Director Michael J. Quinn (D.C. Bar No. 401376) Beth E. Cook (D.C. Bar No. 413828) Trial Attorneys Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Tel. (202) 616-2265/Fax (202) 514-9163 beth.cook@usdoj.gov Attorneys for Defendant UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 18 19 20 21 22 23 24 25 26 27 28 S t ip u la tio n and [Proposed] Order CV-07-5760 W H A JULIUS BRIGGS, on behalf of himself and all others similarly situated, ) ) ) Plaintiff/Counterdefendant, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) ) Defendant/Counterplaintiff. ) __________________________________________) No. CV-07-5760 WHA STIPULATION AND [PROPOSED] ORDER TO ALLOW SUPPLEMENTAL CLASS NOTICE AND TO RESCHEDULE PRETRIAL CONFERENCE AND TRIAL Case 3:07-cv-05760-WHA Document 82 Filed 04/07/2009 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and WHEREAS, Defendant determined on April 6, 2009 that it needs to supplement its discovery responses that mistakenly omitted offsets that were used to identify potential class members; WHEREAS, AAFES will provide the supplemental discovery responses as soon as possible, but needs approximately thirty days to complete its review and ensure that the revised responses are accurate; WHEREAS, the United States expects additional class members will be identified as a result of this review; WHEREAS, both parties need the supplemental discovery responses to prepare for trial; WHEREAS, when conferring about this stipulation, Plaintiff's counsel notified Defendant's counsel that he intends to file a motion to intervene in this case, and that he may seek additional discovery as part of that motion. WHEREFORE, the parties, by and through their respective counsel of record, agree, stipulate, and request an Order allowing supplemental class notice and rescheduling of the pretrial conference and trial, currently scheduled for April 27, 2009 at 2:00 p.m., and May 11, 2009 at 8:00 a.m., respectively. The parties agree that Defendant will supplement its discovery responses by May 7, 2009. The parties agree that they will submit on May 21, 2009, a joint proposal regarding supplemental class notice to persons who were inadvertently omitted from the original class list, and that the United States will pay the actual costs of the supplemental class notice. The parties agree that oral argument on the parties' motions for summary judgment and motions to strike will be heard as scheduled on April 9, 2009, at 8:00 a.m. The parties agree that the proposed motion to intervene does not serve as the basis for this Stipulation, but Plaintiff's counsel wished to alert the Court of its intentions. The parties agree that the United States reserves its right to oppose Plaintiff's motion to S t ip u la tio n and [Proposed] Order CV-07-5760 W H A P age 1 Case 3:07-cv-05760-WHA Document 82 Filed 04/07/2009 Page 3 of 4 1 2 3 4 intervene and any request for additional discovery, and this Stipulation does not waive the United States' right to oppose Plaintiff's motion. DATED: April 7, 2009 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S t ip u la tio n and [Proposed] Order Respectfully submitted, S. CHANDLER VISHER LAW OFFICES OF S. CHANDLER VISHER MARIE NOEL APPEL CONSUMER LAW OFFICE OF MARIE NOEL APPEL DEEPAK GUPTA BRIAN WOLFMAN PUBLIC CITIZEN LITIGATION GROUP By:____/s/ S. Chandler Visher__________ S. Chandler Visher Attorneys for Plaintiff & Counterdefendant DATED: April 7, 2009 MICHAEL F. HERTZ ACTING ASSISTANT ATTORNEY GENERAL J. CHRISTOPHER KOHN DIRECTOR RUTH A. HARVEY ASSISTANT DIRECTOR By:____/s/ Beth E. Cook____________ Michael J. Quinn Beth E. Cook Attorneys for Defendant & Counterplaintiff CV-07-5760 W H A P age 2 Case 3:07-cv-05760-WHA Document 82 Filed 04/07/2009 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S t ip u la tio n and [Proposed] Order [PROPOSED] ORDER Pursuant to the foregoing Stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED that the Defendant will supplement its discovery responses by May 7, 2009, and that the parties will submit to the Court a Joint Proposal Regarding Supplemental Class Notice, by May 21, 2009. The pretrial conference and trial dates are hereby CONTINUED TBD and shall be set at a scheduling conference to be held on ___________________ at ______. S ISTRIC ES D TC AT T RT U O IT IS SO ORDERED. April 14, 2009 ____________________________ Date UNIT ED ll J_g W _________ud_e__i_____________ HON. WILLIAM H. ALSUP C United ER N District Court States F D IS T IC T O R CV-07-5760 W H A A LI FO iam Als up R NIA O ORD IT IS S ERED NO RT H P age 3

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