Hensley-Maclean et al v. Safeway, Inc.

Filing 158

STIPULATION AND ORDER FOR EXTENSION OF THE CLASS CERTIFICATION SCHEDULE. Signed by Judge Richard Seeborg on 12/19/14. (cl, COURT STAFF) (Filed on 12/22/2014)

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DANIEL T. LEBEL, SBN 246169
CONSUMER LAW PRACTICE OF DANIEL T. LEBEL
3 Embarcadero Center, Suite 1650
San Francisco, CA 94111
[e-mail]
Tel: [phone]
Fax: [phone]
STEPHEN GARDNER (PRO HAC VICE)
STANLEY LAW GROUP
6116 N. Central Expy., Ste. 1500
Dallas, Texas 75206

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Counsel for Plaintiffs and the Proposed Class
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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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DEE HENSLEY-MACLEAN and
SARA DUNCAN, on behalf of
themselves and those similarly situated,
Plaintiffs,

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v.
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SAFEWAY, INC. and DOES 1-20,
Defendants.

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Case No. CV 11-01230 RS
[PROPOSED] STIPULATED ORDER
FOR EXTENSION OF THE CLASS
CERTIFICATION SCHEDULE

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The parties respectfully file this Proposed Stipulated Motion for Extension of the Class
Certification Schedule.
On October 20, 2014, this Court entered an Order titled Stipulation re Revised Joint

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[Proposed] Schedule for Class Certification (“Order”) (Dkt. No. 147). The Order set a briefing

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schedule on Plaintiffs’ motion for class certification, requiring Plaintiffs opening brief to be filed

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on or before January 8, 2015, and a hearing date of June 11, 2015.

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The Order stated that all discovery regarding Plaintiffs’ motion for class certification
should be completed by December 19, 2014. The Order also required the parties to “meet and

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[PROPOSED] STIPULATED ORDER FOR EXTENSION OF THE CLASS CERTIFICATION SCHEDULE
Case No. CV 11-01230 RS
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confer in good faith on outstanding discovery issues regarding Plaintiffs’ motion for class
certification so that, on or before November 14, 2014, they will present to the Court any issues that
remain unresolved.” Safeway served objections and responses to Plaintiffs’ requests for admission
and a Rule 30(b)(6) deposition notice on November 11, 2014; objections and responses to
Plaintiffs’ requests for production on November 13, 2014; and objections and response to
Plaintiffs’ interrogatories on November 14, 2014. Although Safeway’s document request
responses state that it will produce responsive documents, but Safeway has yet to produce any
documents.
On November 14, 2014, per the Court’s order the parties filed a Joint Case Status Report, in
which Plaintiffs explained that they had reached an impasse on several discovery issues (Dkt. No.
148). This Court entered an order stating that any discovery disputes should be presented to the
assigned magistrate judge, and that “[i]f further relief from the class certification briefing schedule
or other case management deadlines becomes necessary, the parties may proceed by stipulation or
motion presented to the undersigned.” (Dkt. No. 149).
Plaintiffs filed a motion to compel regarding their Rule 30(b)(6) deposition notice on
December 8, 2014 (Dkt. No. 152). Plaintiffs asked the Court to overrule Safeway’s objections to
providing testimony regarding its recall policies, practices and procedures, and not just concerning
recalls of eggs and peanut butter products; and its objections to providing testimony on the “Just
for U” program, which Safeway uses to communicate directly with customers on their
smartphones. On December 16, 2014, the Court granted Plaintiffs’ motion, overruling Safeway’s
objections on all of the substantive topics on which Safeway refused to provide testimony, and
ordered Safeway to produce witnesses to testify within 30 days from the date of its Order, i.e.,
January 15, 2015 (Dkt. No. 153).
Given the Court’s order setting a new deadline for Safeway to designate and produce its
corporate designees for deposition, the parties request that the Court remove the discovery deadline

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[PROPOSED] STIPULATED ORDER FOR EXTENSION OF THE CLASS CERTIFICATION SCHEDULE
Case No. CV 11-01230 RS
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and extend Plaintiffs’ time to file their opening brief in support of class certification to February
26, 2015; Safeway’s opposition brief should be filed no later than March 19, 2015; and Plaintiffs’
reply brief, if any, should be filed no later than April 9, 2015. The parties propose that the hearing
date be maintained as June 11, 2015.
Respectfully submitted,

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CONSUMER LAW PRACTICE
OF DANIEL T. LEBEL

ARNOLD & PORTER LLP

By: /s/ Daniel T. LeBel
Attorney for Plaintiffs

By: /s/ Trenton H. Norris
Attorney for Defendant
SAFEWAY INC.

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ATTESTATION
I hereby attest that I have obtained the concurrence in the filing of this document from each
of the signatories on this e-filed document.

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Dated: December 19, 2014

CONSUMER PRACTICE
OF DANIEL T. LEBEL

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By: /s/ Daniel T. LeBel

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PURSUANT TO STIPULATION IT IS SO ORDERED.
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12/19/14
Dated: ________________________

____________________________________
HON. RICHARD SEEBORG
U.S.D.J.

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[PROPOSED] STIPULATED ORDER FOR EXTENSION OF THE CLASS CERTIFICATION SCHEDULE
Case No. CV 11-01230 RS
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