Hensley-Maclean et al v. Safeway, Inc.

Filing 76

STIPULATION AND ORDER RE 75 SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT. Motion Hearing set for 9/19/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg.Signed by Judge Richard Seeborg on 4/22/13. (cl, COURT STAFF) (Filed on 4/22/2013)

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6 Attorneys for Defendant SAFEWAY INC. 7 Stephen H. Gardner (Pro Hac Vice) 8 sgardner@cspinet.org Center for Science in the Public Interest 9 5646 Milton Street, Suite 211 Dallas, TX 75206 10 Telephone: (214) 827-2774 Facsimile: (214) 827-2787 11 Attorneys for Plaintiffs and the Proposed Class 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. 1 JESSE F. RUIZ [SBN. 77984] jfr@robinsonwood.com 2 GABRIEL G. GREGG [SBN. 187333] ggg@robinsonwood.com 3 ROBINSON & WOOD, INC. 227 N 1st Street 4 San Jose, California 95113 Telephone: (408) 298-7120 5 Facsimile: (408) 298-0477 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 15 16 DEE HENSLEY-MACLEAN and SARA DUNCAN, on behalf of themselves and all 17 others similarly situated, Plaintiffs, 18 Case No. 3:11-CV-01230 RS CLASS ACTION 19 vs. 20 SAFEWAY INC. and DOES ONE through TWENTY, inclusive, 21 Defendants. 22 STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER RE SAME Judge: Hon. Richard Seeborg Dept.: 3 - 17th floor 23 24 Pursuant to this Court's Order dated April 8, 2013 (Doc. 73), and Civil Local Rule 6-2, the 25 parties respectfully submit this Stipulation re Proposed Scheduling Order Following Filing of First 26 Amended Complaint. 27 838575 As set forth in the parties Stipulation for Leave to File First Amended Complaint and 28 Revise the Scheduling Order filed on April 5, 2013 (Doc. 72), the parties stipulated that plaintiffs 3:11-CV-01230 RS 1 STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT 1 could file a First Amended Complaint in this action and vacate dates relating to the class 2 certification process set forth in the Court's Order dated January 18, 2013 (Doc. 70). Per the 3 Court's Order of April 8, 2013 (Doc. 73) such dates were vacated, and plaintiffs filed their First 4 Amended Complaint on April 16, 2013 (Doc. 74), which substituted a new plaintiff, Sara Duncan, 5 as a proposed class representative. 6 Following is the parties' stipulated proposal regarding amendment of dates in this action 7 arising out of the filing of the First Amended Complaint. 8 The parties propose that this Court initially schedule through a motion for class 9 certification as follows. After the Court rules on class certification, the parties will submit 10 proposed dates for merits discovery, dispositive motions, and trial. 1. Pre-Discovery Disclosures. The parties will exchange any information required 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. 11 by Fed. R. Civ. P. 26(a)(1) relating to the new plaintiff, Sara Duncan, by May 3, 13 2013. 14 2. Written Discovery. The parties will serve all new non-expert discovery requests 15 so as to be completed by June 17, 2013. The parties agree to respond to written 16 discovery requests within twenty (20) days rather than the thirty (30) days 17 permitted under the FRCP. As required by Fed. R. Civ. P. 26(a)(2), reports from 18 experts relating to class certification are due from plaintiffs by May 1, 2013, and 19 from Safeway by July 15, 2013. Reports from rebuttal experts are due from 20 plaintiffs by August 30, 2013. 21 3. Depositions. The parties will complete all non-expert depositions by July 1, 22 2013. Each party will complete depositions of the other party’s expert(s) within 20 23 days of receiving expert reports (10 days for rebuttal experts) and the party 24 producing the expert report shall make its expert available for deposition within 25 that time. 26 4. Class Certification. Plaintiffs’ Motion for Class Certification shall be filed with 27 28 838575 an opening brief on or before May 1, 2013. Safeway’s opposition is due on or before July 15, 2013. Plaintiffs’ reply is due by August 30, 2013. 3:11-CV-01230 RS 2 STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT 1 5. Hearing on Class Certification: The Court shall schedule the hearing on class 2 certification on or after September 16, 2013. The hearing date shall be set for 3 9/19 1:30 pm. ________________, 2013, at _____. 4 Dated: April 18, 2013 5 Respectfully submitted, 6 Center for Science in the Public Interest Robinson & Wood, Inc. 7 /s/ Stephen Gardner /s/ Gabriel G. Gregg 8 Jesse F. Ruiz Gabriel G. Gregg 227 N. 1st Street San Jose, CA 95113 Telephone: (408) 298-7120 Facsimile: (408) 298-0477 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. Stephen Gardner 9 Seema Rattan 5646 Milton Street, Suite 211 10 Dallas, TX 85206 Telephone: (214) 827-2774 11 Facsimile: (214) 827-2787 Consumer Law Practice of Daniel T. LeBel 13 Daniel T. LeBel 601 Van Ness Avenue 14 Opera Plaza, Suite 2080 San Francisco, CA 94102 15 16 -and17 Steven A. Skalet 18 Craig L. Briskin Mehri & Skalet, PLLC 19 1250 Connecticut Ave., NW, Suite 300 Washington, DC 20036 20 Telephone: (202) 822-5100 Facsimile: (202) 822-4997 21 22 -and- 23 Whitney Stark Rukin Hyland Doria & Tindall LLP 24 100 Pine Street, Suite 2150 San Francisco, CA 94111 25 Telephone: (415) 421-1800 Facsimile: (415) 421-1700 26 -and27 28 838575 3:11-CV-01230 RS 3 STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT 1 James C. Sturdevant The Sturdevant Law Firm 2 354 Pine Street, Fourth Floor San Francisco, CA 94104 3 Telephone: (415) 477-2410 Facsimile: (415) 477-2420 4 ***** 5 6 PURSUANT TO STIPULATION IT IS SO ORDERED: 7 22 8 Dated: April__, 2013 9 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 10 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 838575 3:11-CV-01230 RS 4 STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT 1 2 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 PROPOSED 5 SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT. 6 7 Dated: April 18, 2013 ROBINSON & WOOD, INC. 8 9 10 12 ATTORNEYS AT LAW ROBINSON & WOOD, INC. 11 By: /s/ Gabriel G. Gregg JESSE F. RUIZ GABRIEL G. GREGG Attorneys for Defendant SAFEWAY INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 838575 3:11-CV-01230 RS 5 STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT

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