Hensley-Maclean et al v. Safeway, Inc.

Filing 68

STIPULATION AND ORDER RE 67 REVISED JOINT SCHEDULE FOR CLASS CERTIFICATION (SECOND REVISION). Motion Hearing set for 4/11/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 11/21/12. (cl, COURT STAFF) (Filed on 11/21/2012)

6 Attorneys for Defendant
SAFEWAY INC.
7
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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Case No. 3:11-CV-01230 RS
CLASS ACTION

19 vs.

STIPULATION RE REVISED JOINT
PROPOSED SCHEDULE FOR CLASS
CERTIFICATION
(SECOND REVISION)

20 SAFEWAY INC. and DOES ONE through
TWENTY, inclusive,
21
Defendants.
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Judge: Hon. Richard Seeborg
Dept.: 3 - 17th floor

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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, in part, the
25 Court's previous Order re Joint Briefing Schedule for Class Certification (Dkt. 62).
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As set forth in the accompanying Declaration of Gabriel G. Gregg, the plaintiffs filed

27 papers associated with their Motion for Class Certification on October 16, 2012. In connection
799075

28 with Safeway Inc.'s ("Safeway") opposition to this motion, the parties have encountered certain
3:11-CV-01230 RS
1
STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION (SECOND
REVISION)

1 discovery issues which they now agree compels them to seek a (likely final) stipulation requesting
2 an extension of the remaining briefing schedule and rescheduling of this Court's hearing date re
3 class certification.
4

First, on October 22, 2012, Safeway served written discovery concerning class certification

5 on the two proposed class representatives. Safeway had previously propounded written discovery
6 earlier this year, however, that set was placed on hold pending the parties' mediation efforts and
7 settlement discussions. Plaintiffs have attempted to expedite their responses to both sets of written
8 discovery but continue to work on finalizing their responses and objections.
9

Second, plaintiff Dee Hensley-Maclean, a resident of Montana and one of the two

10 proposed class representatives, is the primary caregiver for her mother who recently became very

12 expects that Ms. Hensley-Maclean may be available for deposition in January 2013.
ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

11 ill. She will likely be unavailable for deposition through the end of the year. Plaintiffs' counsel

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Third, the parties have agreed that plaintiff Jennifer Rosen's deposition may be taken on

14 December 18, 2012.
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Accordingly, the parties stipulate and request that this Court grant an extension of two

16 months on the remaining filing dates relating to the motion for class certification, and reschedule
17 the hearing on class certification accordingly, as follows:
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1.

Class Certification Filings. Defendant’s opposition brief shall be filed no later

19 than January 31, 2013. Plaintiffs’ reply brief shall be filed no later than March 18, 2013. After
20 the Court rules on class certification, the parties will submit proposed dates for merits discovery,
21 dispositive motions, and trial.
22

2.

Hearing on Class Certification. Hearing on the class certification motion will be

23 set for April 11, 2013 at 1:30 p.m.
24

3.

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

25 experts retained relating to class certification are due from defendant Safeway by January 31,
26 2013. Reports from rebuttal experts retained relating to class certification are due by March 18,
27 2013. The parties will serve all discovery requests relating to class certification so as to
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799075

3:11-CV-01230 RS
2
STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION (SECOND
REVISION)

1 be completed by December 31, 2012, however, for good cause shown, a party may conduct class
2 discovery solely relating to rebuttal expert reports after December 31, 2012.
3 Dated: November 21, 2012
4 Respectfully submitted,
5 Center for Science in the Public Interest

Robinson & Wood, Inc.

6
/s/ Stephen Gardner

/s/ Gabriel G. Gregg

7
Stephen Gardner
8 Seema Rattan
5646 Milton Street, Suite 211
9 Dallas, TX 85206
Telephone: [phone]
10 Facsimile: [phone]

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

ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

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Consumer Law Practice of Daniel T. LeBel
12 Daniel T. LeBel
601 Van Ness Avenue
13 Opera Plaza, Suite 2080
San Francisco, CA 94102
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-and16
Steven A. Skalet
17 Craig L. Briskin
Mehri & Skalet, PLLC
18 1250 Connecticut Ave., NW, Suite 300
Washington, DC 20036
19 Telephone: [phone]
Facsimile: [phone]
20
21

-and-

22 Whitney Stark
Rukin Hyland Doria & Tindall LLP
23 100 Pine Street, Suite 2150
San Francisco, CA 94111
24 Telephone: [phone]
Facsimile: [phone]
25
-and26
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STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION (SECOND
REVISION)

1 James C. Sturdevant
The Sturdevant Law Firm
2 354 Pine Street, Fourth Floor
San Francisco, CA 94104
3 Telephone: [phone]
Facsimile: [phone]
4
*****

5

6 PURSUANT TO STIPULATION IT IS SO ORDERED:
7
_,
8 Dated: November21 2012
9

RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

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STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION (SECOND
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