Greko v. Diesel U.S.A., Inc.

Filing 30

ORDER re 29 Stipulated Request for Order Continuing All Scheduled Dates filed by Diesel U.S.A., Inc. Signed by Magistrate Judge Elizabeth D. Laporte on 12/6/2011. (hlk, COURT STAFF) (Filed on 12/6/2011)

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DANIEL L. FEDER (SBN: 130867)
CLAIRE E. COCHRAN (SBN: 222529)
LAW OFFICES OF DANIEL FEDER
332 Pine Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
RYAN GREKO

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HARRY I. JOHNSON, III (SBN: 200257)
STANLEY G. STRINGFELLOW II (SBN: 259047)
ARENT FOX LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013
Telephone: [phone]
Facsimile: [phone]

ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

GORDON & REES, LLP

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MICHAEL T. LUCEY (SBN: 099927)
BRIAN P. MASCHLER (SBN: 111824)
GORDON & REES, LLP
275 Battery Street, Twentieth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
DIESEL, U.S.A., INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RYAN GREKO, an individual,

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Plaintiff,
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vs.
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DIESEL U.S.A., INC., a New York corporation; )
and DOES 1-100, inclusive,
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Defendant.
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CASE NO. C 10-3492 EDL
STIPULATED REQUEST FOR ORDER
CONTINUING ALL SCHEDULED
DATES AND [PROPOSED] ORDER
AS MODIFIED
[Civil L.R. 6-2]
Class Action
Judge: The Hon. Elizabeth D. Laporte
Courtroom: E, 15th Floor
Action Filed: August 9, 2010

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STIPULATED REQUEST FOR ORDER CONTINUING ALL SCHEDULED DATES AND [PROPOSED] ORDER
CASE NO. C 10-3492 EDL

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STIPULATION
Subject to the approval of the Court, Plaintiff Ryan Greko (“Plaintiff”) and Defendant

“Parties”), through their respective counsel of record, hereby AGREE and STIPULATE to a

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120-day continuance of the trial date and pre-trial dates and deadlines in accordance with

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Civil Local Rules 6-1 and 6-2. Good cause exists for this stipulated continuance in that: (1)

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the Parties have agreed to convene a mediation before Jerry Spolter of JAMS on December

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27, 2011; (2) the current schedule, which includes a dispositive motions filing deadline of

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December 13, 2011 and a non-expert discovery cut-off and expert disclosure deadline of

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ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

Diesel U.S.A., Inc. (“Defendant”) (Plaintiff and Defendant are referred to hereafter as the

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GORDON & REES, LLP

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December 30, 2011, would require the Parties to complete and bear the expense of major

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litigation tasks, which (a) could interfere with their ability to settle the case and (b) can be

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avoided altogether if the case does settle at mediation; and (3) on December 2, 2011 (the

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date of this Stipulation), new defense counsel, Gordon & Rees LLP, appeared in this case

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(see: Document 28).

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In support of this Stipulation, the Parties state the following:

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WHEREAS, on August 30, 2011, pursuant to the Parties’ previous Stipulation, the Court

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issued an Order on Stipulated Request to Continue All Scheduled Dates (Document 27);
WHEREAS, the Parties are also engaged in a parallel class action lawsuit that was

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filed prior to this lawsuit and is currently pending before the Honorable Richard Seeborg, Ryan

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Greko v. Diesel U.S.A., Inc., Case No. 3:10-CV-02576 (the “Class Action”);

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WHEREAS, the Parties previously had scheduled a mediation of Plaintiff’s claims on June

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8, 2011, before The Honorable Edward A. Infante (Ret.), which mediation was taken off

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calendar due to Judge Infante’s surgery and the pendency in the Class Action of Defendant’s

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Motion for Summary Judgment and Plaintiff’s Motion for Class Certification, which bore on the

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scope of issues in the then-contemplated mediation of both cases;

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WHEREAS, on October 26, 2011, the Court in the parallel Class Action denied

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Defendant’s Motion for Summary Judgment and granted Plaintiff’s Motion for Class

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Certification;
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STIPULATED REQUEST FOR ORDER CONTINUING ALL SCHEDULED DATES AND [PROPOSED] ORDER
CASE NO. C 10-3492 EDL

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WHEREAS, on November 9, 2011, Defendant filed with the Ninth Circuit Court of

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Appeals, a Petition for Permission to Appeal [the Court’s Class Certification Order in the Class

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Action] Pursuant to Fed. R. Civ. Proc. 23(f) (the “Petition”);

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WHEREAS, on November 14, 2011, Plaintiff filed with the Ninth Circuit a Motion to
Extend Time to Respond to Defendant’s Petition;

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WHEREAS, on November 16, 2011, the Ninth Circuit granted Plaintiff’s Motion for

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Extension, extending to December 21, 2011 the deadline for responding to Defendant’s Rule

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23(f) Petition;

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WHEREAS, on November 28, 2011, Defendant filed a Motion to Stay Proceedings in

ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

GORDON & REES, LLP

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the Class Action pending the Ninth Circuit’s ruling on Defendant’s requested appeal of the class

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certification order;

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WHEREAS, on December 2, 2011, new defense counsel, Gordon & Rees LLP,
appeared in this case and also has recently appeared in the Class Action;

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WHEREAS, in light of the foregoing, the Parties have agreed to mediate this case

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separately and have scheduled a mediation on December 27, 2011, before Jerry Spolter of

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JAMS;
WHEREAS, the deadlines in the Court’s current Case Management Order stand to

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interfere with this mediation and compromise the Parties’ ability to settle the case at mediation,

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and the Parties believe that the continuance stipulated to herein would maximize the prospects

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of settling this case;

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STIPULATED REQUEST FOR ORDER CONTINUING ALL SCHEDULED DATES AND [PROPOSED] ORDER
CASE NO. C 10-3492 EDL

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Now, THEREFORE, the Parties hereby submit this Stipulated Request for an Order

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Continuing All Scheduled Dates, and request that the Court order all currently scheduled dates,

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including, but not limited to, the discovery deadline, summary judgment hearing, expert

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discovery deadline, pretrial conference, and trial, be continued for at least one hundred twenty

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(120) days.

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Respectfully submitted,

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Dated: December 2, 2011

GORDON & REES, LLP

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By:

/s/ Brian P. Maschler
Brian P. Maschler
Attorneys for Defendant
DIESEL U.S.A., INC.

ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

GORDON & REES, LLP

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Dated: December 2, 2011

LAW OFFICES OF DANIEL L. FEDER

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By:

/s/ Claire Elizabeth Cochran
Claire Elizabeth Cochran
Attorneys for Plaintiff
RYAN GREKO

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ORDER

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Pursuant to the parties' stipulated request for a 120-day continuance of the trial date and

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pretrial dates and deadlines, and for good cause shown, IT IS HEREBY ORDERED that the case

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management deadlines and pretrial and trial dates previously set by the Court be continued as set

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forth below:

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

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2012;
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The Non-Expert Discovery Cutoff is continued from December 30, 2011 to April 30,

The deadline for Initial Expert Disclosures is continued from December 30, 2011 to April
30, 2012;

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The deadline for Rebuttal Expert Disclosures is continued from January 27, 2012 to May
29, 2012;
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STIPULATED REQUEST FOR ORDER CONTINUING ALL SCHEDULED DATES AND [PROPOSED] ORDER
CASE NO. C 10-3492 EDL

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The Expert Discovery Cutoff is continued from February 17, 2012 to June 19, 2012;

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The Dispositive Motion Hearing Deadline is continued from January 17, 2012 to May 22,

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2012;
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The Pre-Trial conference is continued from March 19, 2012 to August 8, 2012 at 2:00
p.m.; and

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The Trial is continued from April 23, 2012 to September 10, 2012.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S
UNIT
ED

Hon. Elizabeth D. Laporte D
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U.S. Magistrate ORDE the
IS SO JudgeIfor
D
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Northern District DICalifornia
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ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

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Dated: December 6, 2011

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GORDON & REES, LLP

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MNTR/1071290/11254180v.1

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STIPULATED REQUEST FOR ORDER CONTINUING ALL SCHEDULED DATES AND [PROPOSED] ORDER
CASE NO. C 10-3492 EDL