Wolph et al v. ACER America Corporation

Filing 81

ORDER GRANTING 80 Stipulation Regarding Plaintiffs' Motion for Class Certification. Signed by Judge Jeffrey S. White on July 9, 2010. (jswlc2, COURT STAFF) (Filed on 7/9/2010)

Wolph et al v. ACER America Corporation

Doc. 81

Case3:09-cv-01314-JSW Document80

Filed07/08/10 Page1 of 5

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

DANIEL L. WARSHAW (SBN 185365) ([e-mail]) PEARSON, SIMON, WARSHAW & PENNY, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, California 91403 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Proposed Class, Additional Counsel Listed on Signature Page CHAD A. STEGEMAN (SBN 225745) ([e-mail]) AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, Suite 1500 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] JAMES J. SCHESKE (admitted pro hac vice) ([e-mail]) AKIN GUMP STRAUSS HAUER & FELD LLP 300 West 6th Street, Suite 2100 Austin, Texas 78701 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Acer America Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION LORA and CLAY WOLPH, on behalf of themselves and all others similarly situated, Plaintiffs, v. ACER AMERICA CORPORATION, a California corporation, Defendant. Case No. CV 09 1314 JSW CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Plaintiffs LORA AND CLAY WOLPH ("PLAINTIFFS") and Defendant ACER AMERICA CORPORATION ("DEFENDANT") hereby enter the following Joint Stipulation and [Proposed] Order Regarding Plaintiffs' Motion for Class Certification ("Order") in the above-captioned proceeding:
816181.2

1 CV 09 1314 JSW JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Dockets.Justia.com

Case3:09-cv-01314-JSW Document80

Filed07/08/10 Page2 of 5

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
816181.2

WHEREAS on April 15, 2010 the Court entered an Order Regarding Plaintiffs' Motion for Class Certification and Mediation Completion Date ("Continuance Order"). See Docket No. 78. The current briefing schedule pursuant to the Continuance Order requires PLAINTIFFS to file their Motion for Class Certification on July 22, 2010, DEFENDANT to file its Opposition to PLAINTIFFS' Motion for Class Certification on September 21, 2010; PLAINTIFFS to file their Reply to DEFENDANT'S Opposition on October 21, 2010, and sets the hearing for PLAINTIFFS' Motion for Class Certification on Friday, December 10, 2010 at 9:00 a.m.; WHEREAS at the time of the Continuance Order the parties tentatively scheduled the following discovery to be completed in May 2010: (1) DEFENDANT'S search and production of all relevant documents requested by PLAINTIFFS; (2) the production of documents in the possession, custody or control of the Taiwanese corporation Acer, Inc.; and (3) the production of documents subpoenaed by PLAINTIFFS from Microsoft Corporation; WHEREAS since entry of the Continuance Order, all of the aforementioned discovery is not yet complete and some of those items are the subject of ongoing meet and confers; WHEREAS, since entry of the Continuance Order, DEFENDANT has produced additional documents and electronically stored information; DEFENDANT has responded to the written discovery propounded by PLAINTIFFS; PLAINTIFFS have taken the depositions of two (2) of DEFENDANT'S F.R.C.P. 30(b)(6) designees in Austin, Texas and San Francisco, California; PLAINTIFFS issued a subpoena duces tecum and received an initial document production from Microsoft Corporation consisting of 363 pages; PLAINTIFFS have taken the deposition of Microsoft Corporation's designee in Bellevue, Washington; DEFENDANT has taken the depositions of the PLAINTIFFS in Fostoria, Ohio; and the parties met and conferred numerous times regarding outstanding issues relating to the DEFENDANT'S document production; WHEREAS after several discussions, the parties have been able to resolve some discovery disputes and DEFENDANT is in the process of reviewing and producing additional materials and scheduling additional depositions; WHEREAS the parties have been unable to resolve some outstanding issues concerning 2 CV 09 1314 JSW JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Case3:09-cv-01314-JSW Document80

Filed07/08/10 Page3 of 5

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

DEFENDANT'S production of documents to PLAINTIFFS and the parties intend to have an in person meet and confer conference and, if necessary, file a joint letter regarding the discovery disputes pursuant to this Court's Civil Standing Order Number 7; WHEREAS the documents produced by Microsoft Corporation in response to PLAINTIFFS' subpoena were extremely limited requiring the initiation of another meet and confer process to obtain the requested documents. Furthermore, PLAINTIFFS contend that the witness produced by Microsoft Corporation on July 2, 2010, was not prepared to testify regarding all subjects as noticed and are working with counsel for Microsoft Corporation to produce an additional witness and serve an additional subpoena; and WHEREAS pursuant to the parties' meet and confer discussions, the parties agree that PLAINTIFFS' Motion for Class Certification should again be continued pending resolution of the aforementioned discovery issues. THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 1. 2. PLAINTIFFS' Motion for Class Certification shall be filed on October 18, 2010; DEFENDANT'S Opposition to PLAINTIFFS' Motion for Class Certification shall

be filed on December 17 , 2010; 3. PLAINTIFFS' Reply to DEFENDANT'S Opposition to PLAINTIFFS' Motion for

Class Certification shall be filed on January 31, 2011 4. The hearing date on PLAINTIFFS' Motion for Class Certification shall be set for

February 15, 2011 Friday, _______________________at 9:00 a.m. or as soon thereafter at this matter may be heard. IT IS SO STIPULATED DATED: July 7, 2010 /s/____________________________________________ Daniel L. Warshaw (185365) [e-mail] Bobby Pouya (245527) [e-mail] Pearson, Simon, Warshaw & Penny, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Telephone: [phone] Facsimile: [phone]

816181.2

3 CV 09 1314 JSW JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Case3:09-cv-01314-JSW Document80

Filed07/08/10 Page4 of 5

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
816181.2

Michael P. Lehmann (77152) [e-mail] Hausfeld, LLP 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Richard S. Lewis [e-mail] James J. Pizzirusso [e-mail] Melinda Coolidge [e-mail] Hausfeld, LLP 1700 K Street NW Washington, DC 20006 Telephone: [phone] Facsimile: [phone] Jori Bloom Naegele [e-mail] Robert D. Gary [e-mail] Gary, Naegele & Theado, LLC 446 Broadway Avenue Lorain, OH 44052 Telephone: [phone] Facsimile: [phone] Pursuant to General Order 45, I, Daniel L. Warshaw attest that Chad Stegeman has provided his authority and concurrence to file the instant document and place his electronic signature on the document, as set forth below. Attorneys for Plaintiffs and the Proposed Class

4 CV 09 1314 JSW JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Case3:09-cv-01314-JSW Document80

Filed07/08/10 Page5 of 5

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

DATED: July 7, 2010

/s/___________________________________________ Chad Stegeman (225745) [e-mail] Akin Gump Strauss Hauer & Feld LLP 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] James J. Scheske [e-mail] Akin Gump Strauss Hauer & Feld LLP 300 West 6th Street, Suite 2100 Austin, TX 78701 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Acer America Corporation

PURSUANT TO STIPULATION, IT IS SO ORDERED. July 9, 2010 Dated: _____________________ __________________________________________ Honorable Jeffrey S. White UNITED STATES DISTRICT COURT

816181.2

5 CV 09 1314 JSW JOINT STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION