Ross et al v. Trex Company, Inc.

Filing 216

ORDER GRANTING 215 Stipulation Requesting Revision of Schedule as it Pertains to Plaintiffs' Motion for Class Certification. Motions due by 1/20/2012. Replies due by 3/5/2012. Responses due by 2/20/2012. Motion 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 12/13/11. (jjoS, COURT STAFF) (Filed on 12/13/2011)

Case3:09-cv-00670-JSW Document215

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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 Document215

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Filed12/12/11 Page2 of 5

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 on October 12, 2011 (Dkt. No. 193), which

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extended the previous class-certification schedule per the stipulated request of the parties, due to the

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timing of Trex’s document production, those deadlines are 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, at 9:00 a.m.
The parties have met and conferred regarding the schedule in light of discovery issues,

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as explained below, and they hereby stipulate and request that the Court adjust the briefing

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schedule by two weeks as follows:

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Motion for class certification: January 20, 2012;
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Opposition to class certification: February 20, 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: March 5, 2012, with potential extension
if Opposition date is extended;

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Hearing on motion for class certification: March 23, 2012 at 9:00 a.m., or as
convenient for the Court.

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In order to establish good cause for the approval of their request, the parties state the

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following:
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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 Document215

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1.

This case is a proposed nationwide class-action lawsuit involving plaintiffs’

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allegations relating to mold and spotting on Trex decking material. Plaintiffs and proposed class

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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. Trex’s most recent production

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

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production in response to plaintiffs’ first requests for production.
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On November 3, 2011, following further review of Trex’s documents, including those

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produced at the end of September 2011, plaintiffs propounded a 30(b)(6) notice to Trex. Among the

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topics are technical matters regarding Trex’s manufacturing processes and product ingredients and

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additives. The parties expect the deposition to produce information relevant to plaintiffs’ motion for

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class certification.

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4.

Trex has advised that it intends to produce two current-employee witnesses in

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response to plaintiffs’ notice. Counsel for the plaintiffs and counsel for Trex have met and conferred

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several times regarding the scheduling of the depositions of these two witnesses. Counsel for Trex,

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in turn, has consulted with his client and these witnesses, and he has advised that due to scheduling

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conflicts and the holidays, these witnesses will not be available for their depositions until December

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28-29, 2011. This is only a little over a week before January 6, 2012, when plaintiffs’ motion for

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class certification is currently due, and a few days before the New Year’s Day holiday, which would

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not allow the plaintiffs to obtain the transcripts of the depositions and then to review and analyze the

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material in time to process the information and incorporate it into their class-certification brief as

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needed.

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5.

As stated above, the parties agree that the depositions will generate information

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relevant to plaintiffs’ motion for class certification. Accordingly, the parties agree that more time is

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needed before plaintiffs file their motion for class certification, so that plaintiffs can depose these two
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STIPULATION AND [PROPOSED] ORDER REQUESTING REVISION TO
CLASS CERTIFICATION SCHEDULE
Case No. CV 09-00670-JSW

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witnesses and process the information learned in them in order to incorporate it into their class-

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certification briefing.

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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 only 14

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days in which to continue working toward a decision on class certification. They ask respectfully that

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the Court accept the revised schedule they submit.

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DATED: December 12, 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: December 12, 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

Case3:09-cv-00670-JSW Document215

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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 20, 2012;
Opposition to class certification: February 20, 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;
Reply in support of class certification: March 5, 2012, with potential extension
if Opposition date is extended;
Hearing on motion for class certification: March 23, 2012 at 9:00 a.m., or as
convenient for the Court.

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Dated: December 13, 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