Ross et al v. Trex Company, Inc.

Filing 193

ORDER GRANTING 192 Stipulation Requesting Revision of Schedule as it Pertains to Plaintifs' Motion for Class Certification: Case Management Statement due by 3/16/2012. Motion for Class Certification due by 1/6/2012. Opposition due by 2/6/201 2. Reply due by 2/21/2012. Further Case Management Conference set for 3/23/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco. Motion for Class Certification Hearing set for 3/23/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 10/12/11. (jjoS, COURT STAFF) (Filed on 10/12/2011)

Case3:09-cv-00670-JSW Document192

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HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.623.0594

K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111-5994
Telephone: [phone]
Facsimile: 415.822-8220

Steve W. Berman (pro hac vice)
[e-mail]
Tyler S. Weaver (pro hac vice)
[e-mail]
Robert F. Lopez (pro hac vice)
[e-mail]

Patrick J. Perrone (pro hac vice)
[e-mail]
Todd L. Nunn (pro hac vice)
[e-mail]
Attorneys for Defendant Trex Company, Inc.

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Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEAN MAHAN, GRETCHEN SILVERMAN, J.
STEPHEN TISDALE, STEVEN MCKENNA,
THOMAS SCHAUPPNER, MARJORIE
ZACHWIEJA, JOHN FORCELLA, SHEILA
SHAPIRO, SABRINA W. HASS and DR.
LANNY W. HASS, AMY BIONDI-HUFFMAN,
and BRIAN HATHAWAY, on behalf of
themselves and all others similarly situated,

Case No. CV 09-00670-JSW
STIPULATION AND [PROPOSED]
ORDER REQUESTING REVISION OF
SCHEDULE AS IT PERTAINS TO
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION

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Plaintiffs,
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vs.
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TREX COMPANY, INC., a Delaware
corporation,
Defendant.

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STIPULATION AND [PROPOSED] ORDER REQUESTING REVISION TO
CLASS CERTIFICATION SCHEDULE
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document192

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Per the Civil Standing Orders of the Honorable Jeffrey S. White, to whom this case was

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recently re-assigned, plaintiffs Dean Mahan, Gretchen Silverman, J. Stephen Tisdale, Steven

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McKenna, Thomas Schauppner, Marjorie Zachwieja, John Forcella, Sheila Shapiro, Sabrina W. Hass

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and Dr. Lanny W. Hass, Amy Biondi-Huffman, and Brian Hathaway, and defendant Trex Company,

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Inc. (“Trex”), by and through their respective counsel of record, stipulate, and respectfully ask the

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Court, to extend the deadlines relating to plaintiffs’ motion for class certification.

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Currently, as reflected in the Court’s order filed March 23, 2011 (Docket No. 189), those
deadlines are as follows:

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Motion for class certification: October 28, 2011;

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Opposition to class certification: November 30, 2011, with a reservation of the
right to seek an extension of this deadline if needed to conduct discovery for
issues raised in the Motion for Class Certification;

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Reply in support of class certification: December 15, 2011, with potential
extension if Opposition date is extended;

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Hearing on motion for class certification: January 13, 2012.

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The parties have met and conferred regarding the schedule and outstanding discovery,
and they hereby stipulate and request that the Court amend the schedule as follows:

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Motion for class certification: January 6, 2012;

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Opposition to class certification: February 6, 2012, with a reservation of the
right to seek an extension of this deadline if needed to conduct discovery for
issues raised in the Motion for Class Certification;

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Reply in support of class certification: February 21, 2012, with potential
extension if Opposition date is extended;

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Hearing on motion for class certification: March 23, 2012, or as otherwise
scheduled by the Court.

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In order to establish good cause for the approval of their request, the parties state the
following:
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This case is a proposed nationwide class-action lawsuit involving plaintiffs’

allegations relating to spotting and mold on Trex decking material. Plaintiffs and proposed class
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STIPULATION AND [PROPOSED] ORDER REQUESTING REVISION TO
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Case No. CV 09-00670-JSW

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representatives reside in the states of California, Connecticut, Florida, Illinois, Maryland, Michigan,

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New Jersey, New York, North Carolina, Ohio, and Washington. No specific trial date has yet been

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ordered by the Court.

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2.

Plaintiffs propounded their first discovery requests, including their first interrogatories

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and requests for production, to defendant Trex on March 18, 2011. The parties have met and

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conferred diligently regarding Trex’s production in response to plaintiffs’ requests. Trex has

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produced documents in response to plaintiffs’ requests in eight separate installments. Its most recent

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production was on September 29, 2011. Trex has advised that its September 29, 2011 installment

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completes its production in response to plaintiffs’ first requests for production.

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3.

The parties agree that more time is needed before plaintiffs file their motion for class

certification, in order to accomplish the following:
a.

Plaintiffs’ review of the documents produced by Trex, including many that are

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of a technical nature, is ongoing, but due to the timing of the production, plaintiffs need more

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time to process Trex’s production before moving for class certification.

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b.

Plaintiffs also anticipate submitting document subpoenas to third parties as

suggested by Trex’s discovery responses.
c.

Further, in connection with class certification, plaintiffs will be seeking expert

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consultation with respect to the materials produced by Trex; they need more time to process

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documents for that purpose.

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d.

In addition, plaintiffs will conduct targeted deposition discovery now that Trex

has indicated that its document production is complete.

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e.

Plaintiffs will then need time to draft their motion and supporting papers.

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f.

Also, Trex is in the process of deposing plaintiffs, and it anticipates completing

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the depositions it has noted by the end of this month, October 2011.
g.

Additionally, Trex has requested inspections of each plaintiff’s deck, and the

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parties are in the process of scheduling those inspections.

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For the foregoing reasons, the parties submit that there is good cause to revise the schedule for

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plaintiffs’ motion for class certification as requested. Their request is for a short extension of
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somewhat over two months, stretching over the holiday season, in which to continue working toward

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a decision on class certification. They ask respectfully that the Court accept the revised schedule they

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submit.

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DATED: October 11, 2011.

HAGENS BERMAN SOBOL SHAPIRO LLP

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By

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/s/ Robert F. Lopez
Steve W. Berman
Tyler S. Weaver
Robert F. Lopez

Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

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DATED: October 11, 2011.

K&L GATES LLP

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By:

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/s/ Patrick J. Perrone
Patrick J. Perrone
Todd L. Nunn

Attorneys for Defendant Trex Company, Inc.

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STIPULATION AND [PROPOSED] ORDER REQUESTING REVISION TO
CLASS CERTIFICATION SCHEDULE
Case No. CV 09-00670-JSW

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[PROPOSED] ORDER

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The foregoing Stipulation having been reviewed, and good cause appearing therefor, the

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requested scheduling change is hereby ORDERED and approved. The schedule as it pertains to

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plaintiffs’ motion for class certification is revised as follows:

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Motion for class certification: January 6, 2012;

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Opposition to class certification: February 6, 2012, with a reservation of the right to
seek an extension of this deadline if needed to conduct discovery for issues raised in
the Motion for Class Certification;

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Reply in support of class certification: February 21, 2012, with potential extension if
Opposition date is extended;
at 9:00 a.m. The Court
Hearing on motion for class certification: March 23, 2012, or as otherwise scheduled
by the Court.
HEREBY SCHEDULES a further case management conference to be held on March 23, 2012,
immediately following the hearing on the motion for class certification.

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Dated:

October 12, 2011
Honorable Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER REQUESTING REVISION TO
CLASS CERTIFICATION SCHEDULE
Case No. CV 09-00670-JSW

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