Gormley v. Nike, Inc.

Filing 138

ORDER, Motions terminated: 137 STIPULATION WITH PROPOSED ORDER Rescheduling Certain Dates and Deadlines Pending Settlement Conference and Further Settlement Discussions filed by Nike, Inc.. Bench Trial set for 9/15/2014 08:30 AM be fore Hon. Susan Illston. Motion Hearing set for 8/1/2014 09:00 AM before Hon. Susan Illston. Pretrial Conference set for 9/2/2014 03:30 PM before Hon. Susan Illston. Signed by Judge Susan Illston on 2/19/14. (tfS, COURT STAFF) (Filed on 2/19/2014)

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COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone: [phone]
Facsimile: [phone]

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COOLEY LLP
BEATRIZ MEJIA (190948) ([e-mail])
MATTHEW M. BROWN (264817) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
NIKE, INC; NIKE USA, INC. AND
NIKE RETAIL SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DUSTIN GORMLEY, individually and on
behalf of all others similarly situated,
Plaintiffs,
v.
NIKE, INC., an Oregon corporation,
Defendant.

Consolidated Case No. 11-cv-00893-SI
JOINT STIPULATION AND [PROPOSED]
ORDER RESCHEDULING CERTAIN DATES
AND DEADLINES PENDING SETTLEMENT
CONFERENCE AND FURTHER
SETTLEMENT DISCUSSIONS

ERIKA MCCARTNEY, on behalf of herself
and all others similarly situated,
Plaintiff,
v.
NIKE, Inc., an Oregon corporation; and
DOES 2 through 20,
Defendants.
KRISTEN L. HARTMAN, an individual, on
behalf of herself and all others similarly
situated,
Plaintiff,
v.
NIKE USA, INC., an Oregon Corporation;
NIKE RETAIL SERVICES, INC., an Oregon
Corporation, and DOES 1 through 50,
inclusive,
Defendants.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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CASE NO. 11-CV-00893-SI

JOINT STIP AND [PROPOSED] ORDER RESCHEDULING CERTAIN DATES AND DEADLINES

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Pursuant to L.R. 6-2, counsel for defendant Nike Retail Services, Inc. (“Nike”) and

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counsel for plaintiffs Dustin Gormley, Erika McCartney, and Kristen L. Hartman (“Plaintiffs”)

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(collectively, the “Parties”) stipulate as follows:

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WHEREAS, the Parties attended a Case Management Conference on January 24, 2014

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during which the Court ordered the Parties, including their clients, to attend a mandatory

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settlement conference during the last week of February 2014;

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WHEREAS, the Parties, including their clients, are now scheduled to attend a settlement
conference with Magistrate Judge Kandis Westmore on February 26, 2014;

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WHEREAS, the Parties anticipate undertaking serious settlement discussions during that

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settlement conference, and that those settlement discussions may continue for several days and

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possibly weeks following that settlement conference;

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WHEREAS, the Parties have met and conferred and agree that those settlement

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discussions would be better facilitated and more likely to result in an eventual settlement if the

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dates and deadlines associated with the Parties’ experts, dispositive motions, and trial are

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extended in a manner that accommodates the scheduling limitations of both the Court and the

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Parties;

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NOW, THEREFORE, the Parties stipulate and respectfully request that the Court order as
follows:
The current dates and deadlines shall be changed to the modified dates and deadlines, as
provided in the chart below:

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Current Date/Deadline

Modified Date/Deadline

Last Day for Parties to Designate
Opening Experts

March 14, 2014

May 9, 2014

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Last Day for Parties to Designate
Rebuttal Experts

April 11, 2014

June 6, 2014

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Expert Discovery Cutoff

May 9, 2014

June 20, 2014

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Last Day for Parties to File
Dispositive Motions

March 7, 2014

June 27, 2014

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Event

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

CASE NO. 11-CV-00893-SI

JOINT STIP AND [PROPOSED] ORDER RESCHEDULING CERTAIN DATES AND DEADLINES

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Last Day for Parties to File
Oppositions to Dispositive Motions

March 21, 2014

July 11, 2014

Last Day for Parties to File Replies
in Support of Dispositive Motions

March 28, 2014

July 18, 2014

Hearing on Dispositive Motions

April 10, 2014

August 1, 2014

Pre-Trial Conference

May 13, 2014

September 2, 2014

Bench Trial Begins

May 27, 2014

September 15, 2014

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IT IS SO STIPULATED.

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Dated: February 18, 2014

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COOLEY LLP
MICHELLE C. DOOLIN
BEATRIZ MEJIA
MATTHEW M. BROWN

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/s/ Michelle C. Doolin
Michelle C. Doolin

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Attorneys for Defendants
NIKE, INC., NIKE USA, INC., AND NIKE RETAIL
SERVICES, INC.

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Dated: February 18, 2014

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HOFFMAN LIBENSON SAUNDERS & BARBA
TIM HOFFMAN
CHAD A. SAUNDERS
/s/ Chad A. Saunders
Chad A. Saunders

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Attorneys for Plaintiff
DUSTIN GORMLEY

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Dated: February 18, 2014

PACIFIC JUSTICE CENTER
ROBERT B. HANCOCK
MELVIN B. PEARLSTON
/s/ Robert B. Hancock
Robert B. Hancock
Attorneys for Plaintiff
ERIKA MCCARTNEY

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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CASE NO. 11-CV-00893-SI

JOINT STIP AND [PROPOSED] ORDER RESCHEDULING CERTAIN DATES AND DEADLINES

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Dated: February 18, 2014

FINEMAN & ASSOCIATES
NEIL B. FINEMAN

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/s/ Neil B. Fineman
Neil B. Fineman

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Attorneys for Plaintiff
ERIKA MCCARTNEY

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Dated: February 18, 2014

STONEBARGER LAW, APC
GENE J. STONEBARGER
RICHARD D. LAMBERT

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/s/ Gene J. Stonebarger
Gene J. Stonebarger

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Attorneys for Plaintiff
KRISTEN L. HARTMAN

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FILER’S ATTESTATION

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Pursuant to Local Rule 5-1(i)(3), the undersigned attests that all signatories have
concurred in the filing of this document.

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Dated: February 18, 2014

COOLEY LLP

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/s/ Matthew M. Brown
Matthew M. Brown

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Attorneys for Defendants
NIKE RETAIL SERVICES, INC.

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IT IS SO ORDERED.

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2/19/14
Dated: __________________________

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__________________________________________
The Honorable Susan Illston
United States District Judge

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1352950 /SF

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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CASE NO. 11-CV-00893-SI

JOINT STIP AND [PROPOSED] ORDER RESCHEDULING CERTAIN DATES AND DEADLINES