Harris v. Vector Marketing Corporation

Filing 386

STIPULATION AND ORDER CONTINUANCE OF RULE 23 NOTICE AND OPT-OUT DEADLINES, ETC. re #385 Stipulation, filed by Vector Marketing Corporation. Signed by Judge Edward M. Chen on 12/14/10. (bpf, COURT STAFF) (Filed on 12/14/2010)

Harris v. Vector Marketing Corporation

Doc. 386

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A limited liability partnership formed in the State of Delaware

John P. Zaimes (SBN 91933) [e-mail] Roxanne M. Wilson (SBN 94627) [e-mail] John H. Lien (SBN 222842) [e-mail] REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Vector Marketing Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALICIA HARRIS, as an individual and on behalf of all others similarly situated, Plaintiffs, vs. VECTOR MARKETING CORPORATION, a Pennsylvania corporation; and DOES 1 through 20, inclusive, Defendants.
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US_ACTIVE-105084838.2

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No.: CV 08-5198 EMC JOINT STIPULATION AND [PROPOSED] ORDER RE 30-DAY CONTINUANCE OF RULE 23 NOTICE AND OPT-OUT DEADLINE AND TWO WEEK CONTINUANCE OF EXPERT DESIGNATION AND DISCOVERY DEADLINES Complaint Filed: October 15, 2008 Trial Date: June 6, 2011

REED SMITH LLP

JOINT STIPULATION RE 30-DAY CONTINUANCE OF RULE 23 NOTICE AND OPT-OUT DEADLINE AND TWO WEEK CONTINUANCE OF EXPERT DESIGNATION AND DISCOVERY DEADLINES AND [PROPOSED] ORDER Dockets.Justia.com

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A limited liability partnership formed in the State of Delaware

Plaintiff Alicia Harris ("Plaintiff" or "Harris") and Defendant Vector Marketing Corporation ("Defendant" or "Vector") enter into this joint stipulation with reference to the following facts: RECITALS A. WHEREAS on November 5, 2010, the Court issued its Order Granting Plaintiff's Motion to Certify FLSA Collective Action; Denying Defendant's Motion to Decertify; Granting in Part and Denying in Part Plaintiff's Motion to Certify Rule 23 Class Action; and Granting in Part and Denying in Part Defendant's Cross-Motion to Deny Certification ("Certification Order") (Docket 375). B. WHEREAS on November 8, 2010, Vector filed its Ex Parte Application to Stay, or, in the Alternative to Continue, Class Notice and Opt-Out Deadlines ("Ex Parte Application") (Docket 376). C. D. WHEREAS on November 9, 2010, Plaintiff filed her Opposition to WHEREAS on November 10, 2010, the Court conducted a telephonic Vector's Ex Parte Application (Docket 378). conference call to discuss: (1) irreparable harm potentially resulting from issuance of the Rule 23 class notice, including the approximate cost of mailing that class notice, and who bears the cost; and (2) what discovery would need to be deferred until after the proposed new Rule 23 opt out deadline. E. WHEREAS the Court advised the parties that it would grant Vector's request for a 30 day continuance of the dates related to the issuance of the class notice if the parties could reach agreement regarding the maximum number of depositions Vector could take after the deadline for opt-outs and before the non-expert discovery cut-off date on March 2, 2011. F. WHEREAS on November 12, 2010, the Court signed the Stipulation and Order re 30-day Continuance of Rule 23 Notice and Opt-Out Deadline.

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REED SMITH LLP

CV 08-5198 EMC ­1­ US_ACTIVE-105084838.2 RULE 23 NOTICE AND OPT-OUT DEADLINE AND TWO WEEK CONTINUANCE OF EXPERT DESIGNATION AND DISCOVERY DEADLINES AND [PROPOSED] ORDER

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A limited liability partnership formed in the State of Delaware

G.

WHEREAS on November 22, 2010, Vector filed its Petition for

Permission to Appeal under Federal Rule of Civil Procedure 23(f) in the Ninth Circuit Court of Appeal. H. I. J. K. WHEREAS on December 2, 2010, Plaintiff/Respondent filed her Answer WHEREAS the Ninth Circuit has not acted on the Petition. WHEREAS Vector asked Plaintiff to agree to a further deferral of the WHEREAS, in consideration of Plaintiff's agreement to a further deferral to Petition for Permission to Appeal under Federal Rule of Civil Procedure 23(f).

Rule 23 class notice; of Rule 23 class notice, Vector has agreed that it will not take any depositions of nonexpert witnesses, and the parties have reached other agreements relating to discovery matters that have been documented between the parties themselves. STIPULATION NOW, THEREFORE, it is hereby stipulated by the parties, through their respective counsel of record, as follows: 1. 2. 3. 4. 5.
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CV 08-5198 EMC ­2­ US_ACTIVE-105084838.2 RULE 23 NOTICE AND OPT-OUT DEADLINE AND TWO WEEK CONTINUANCE OF EXPERT DESIGNATION AND DISCOVERY DEADLINES AND [PROPOSED] ORDER

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REED SMITH LLP

The deadline for mailing the Rule 23 class notice is continued from The deadline for the Rule 23 class members to opt out is continued from The deadline for expert disclosure and reports is continued from March 2, The deadline for expert rebuttal disclosure and reports is continued from The cut-off date for expert discovery is continued from March 30, 2011,

December 13, 2010, to January 12, 2011; January 27, 2011, to February 28, 2011; 2011, to March 16, 2011; March 16, 2011, to March 30, 2011; to April 13, 2011; and

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A limited liability partnership formed in the State of Delaware

6.

Other than the foregoing, the parties are not seeking a continuance of any

other dates in the Fourth Amended Case Management and Pretrial Order, and the trial date will not be impacted. IT IS SO STIPULATED. Dated: December 8, 2010 REED SMITH LLP By /S/ Roxanne M. Wilson Attorneys for Defendant VECTOR MARKETING CORPORATION

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Dated: December 8, 2010

MARLIN & SALTZMAN By /S/ Stanley D. Saltzman Attorneys for Plaintiff ALICIA HARRIS

REED SMITH LLP

ORDER Based on the above stipulation, IT IS SO ORDERED. S DISTRICT TE C A 12/14 Dated: , 2010 T Honorable Edward M. Chen United States DERED Court Magistrate Judge R District S SO O IT I
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