Hensley-Maclean et al v. Safeway, Inc.

Filing 60

STIPULATION AND ORDER RE 58 REVISED JOINT SCHEDULE FOR CLASS CERTIFICATION. Motion Hearing set for 12/13/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/22/12. (cl, COURT STAFF) (Filed on 5/22/2012)

6 Attorneys for Defendant
SAFEWAY INC.
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Stephen H. Gardner (Pro Hac Vice)
8 [e-mail]
Center for Science in the Public Interest
9 5646 Milton Street, Suite 211
Dallas, TX 75206
10 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiffs and the Proposed Class
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ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

1 JESSE F. RUIZ [SBN. 77984]
[e-mail]
2 GABRIEL G. GREGG [SBN. 187333]
[e-mail]
3 ROBINSON & WOOD, INC.
227 N 1st Street
4 San Jose, California 95113
Telephone: [phone]
5 Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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16 DEE HENSLEY-MACLEAN and JENNIFER
ROSEN, on behalf of themselves and all
17 others similarly situated,
Plaintiffs,

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19 vs.

20 SAFEWAY INC. and DOES ONE through
TWENTY, inclusive,
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Defendants.
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Case No. 3:11-CV-01230 RS
CLASS ACTION
STIPULATION RE REVISED JOINT
PROPOSED SCHEDULE FOR CLASS
CERTIFICATION
Judge: Hon. Richard Seeborg
Dept.: 3 - 17th floor

Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Stipulation re Revised

24 Joint Proposed Briefing Schedule for Class Certification in this action which modifies the Court's
25 previous Order re Joint Briefing Schedule for Class Certification (Doc. 57). As set forth in the
26 accompanying Declaration of Jesse F. Ruiz, the parties held a full day of mediation before Martin
27 Quinn, Esq. of JAMS on April 24, 2012. The parties continue to work with Mr. Quinn in hope of
28 resolving this litigation. The mutually-agreeable revised briefing schedule set forth in this
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STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION

1 Stipulation will provide the parties the time to continue and complete the mediation process in
2 good faith without the complication and imposition of immediate scheduling obligations in this
3 action.
4

1.

Class Certification. Plaintiffs’ class certification motion pursuant to Federal Rule

5 of Civil Procedure 23 shall be filed with an opening brief on or before August 13, 2012.
6 Defendant’s opposition brief shall be filed no later than 45 days after filing of the motion.
7 Plaintiffs’ reply brief shall be filed no later than 45 days after filing of the opposition brief. After
8 the Court rules on class certification, the parties will submit proposed dates for merits discovery,
9 dispositive motions, and trial.
2.

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ATTORNEYS AT LAW

Hearing on Class Certification. Hearing on the class certification motion will be
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11 set for December 11, 2012 at 1:30 p.m.
ROBINSON & WOOD, INC.

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3.

Experts and Discovery. As required by Fed. R. Civ. P. 26(a)(2), reports from

13 experts retained relating to class certification are due from the plaintiffs by August 13, 2012, and
14 from defendant by September 27, 2012. Reports from rebuttal experts retained relating to class
15 certification are due by November 19, 2012. The parties will serve all discovery requests relating
16 to class certification so as to be completed by October 31, 2012, however, for good cause shown, a
17 party may conduct class discovery solely relating to rebuttal expert reports after October 31, 2012.
18 Dated: May 22, 2012
19 Respectfully submitted,
20 Center for Science in the Public Interest

Robinson & Wood, Inc.

21
/s/ Stephen Gardner

/s/ Gabriel G. Gregg

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Stephen Gardner
23 Seema Rattan
5646 Milton Street, Suite 211
24 Dallas, TX 85206
Telephone: [phone]
25 Facsimile: [phone]

Jesse F. Ruiz
Gabriel G. Gregg
227 N. 1st Street
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]

26
Consumer Law Practice of Daniel T. LeBel
27 Daniel T. LeBel
601 Van Ness Avenue
28 Opera Plaza, Suite 2080
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STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION

1 San Francisco, CA 94102
2
3

-and-

4 Steven A. Skalet
Craig L. Briskin
5 Mehri & Skalet, PLLC
1250 Connecticut Ave., NW, Suite 300
6 Washington, DC 20036
Telephone: [phone]
7 Facsimile: [phone]
8
-andWhitney Stark
10 Rukin Hyland Doria & Tindall LLP
100 Pine Street, Suite 2150
11 San Francisco, CA 94111
Telephone: [phone]
12 Facsimile: [phone]
ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

9

13

-and-

14 James C. Sturdevant
The Sturdevant Law Firm
15 354 Pine Street, Fourth Floor
San Francisco, CA 94104
16 Telephone: [phone]
Facsimile: [phone]
17
*****

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19 PURSUANT TO STIPULATION IT IS SO ORDERED:
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21 Dated: May__, 2012
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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION

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ATTESTATION CLAUSE
I, Gabriel G. Gregg, hereby attest in accordance with General Order 45.X that Stephen

3 Gardner, counsel for Plaintiffs Hensley-Maclean and Rosen, provided his concurrence with the
4 electronic filing of the foregoing document entitled STIPULATION RE REVISED JOINT
5 PROPOSED SCHEDULE FOR CLASS CERTIFICATION.
6
7 Dated: May 22, 2012

ROBINSON & WOOD, INC.

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ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

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By: /s/ Gabriel G. Gregg
JESSE F. RUIZ
GABRIEL G. GREGG
Attorneys for Defendant
SAFEWAY INC.

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STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION