Hensley-Maclean et al v. Safeway, Inc.
Filing
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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)
6 Attorneys for Defendant
SAFEWAY INC.
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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
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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]
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
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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 SARA
DUNCAN, 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.
20 SAFEWAY INC. and DOES ONE through
TWENTY, inclusive,
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Defendants.
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STIPULATION RE PROPOSED
SCHEDULING ORDER FOLLOWING
FILING OF FIRST AMENDED
COMPLAINT AND [PROPOSED] ORDER
RE SAME
Judge: Hon. Richard Seeborg
Dept.: 3 - 17th floor
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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.
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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.
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Following is the parties' stipulated proposal regarding amendment of dates in this action
7 arising out of the filing of the First Amended Complaint.
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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
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ATTORNEYS AT LAW
ROBINSON & WOOD, INC.
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by Fed. R. Civ. P. 26(a)(1) relating to the new plaintiff, Sara Duncan, by May 3,
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2013.
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2.
Written Discovery. The parties will serve all new non-expert discovery requests
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so as to be completed by June 17, 2013. The parties agree to respond to written
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discovery requests within twenty (20) days rather than the thirty (30) days
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permitted under the FRCP. As required by Fed. R. Civ. P. 26(a)(2), reports from
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experts relating to class certification are due from plaintiffs by May 1, 2013, and
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from Safeway by July 15, 2013. Reports from rebuttal experts are due from
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plaintiffs by August 30, 2013.
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3.
Depositions. The parties will complete all non-expert depositions by July 1,
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2013. Each party will complete depositions of the other party’s expert(s) within 20
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days of receiving expert reports (10 days for rebuttal experts) and the party
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producing the expert report shall make its expert available for deposition within
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that time.
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4.
Class Certification. Plaintiffs’ Motion for Class Certification shall be filed with
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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
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STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED
COMPLAINT
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5.
Hearing on Class Certification: The Court shall schedule the hearing on class
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certification on or after September 16, 2013. The hearing date shall be set for
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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.
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/s/ Stephen Gardner
/s/ Gabriel G. Gregg
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Jesse F. Ruiz
Gabriel G. Gregg
227 N. 1st Street
San Jose, CA 95113
Telephone: (408) 298-7120
Facsimile: (408) 298-0477
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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
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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
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-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
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-and27
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838575
3:11-CV-01230 RS
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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
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*****
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6 PURSUANT TO STIPULATION IT IS SO ORDERED:
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8 Dated: April__, 2013
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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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ATTORNEYS AT LAW
ROBINSON & WOOD, INC.
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STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED
COMPLAINT
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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 PROPOSED
5 SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED COMPLAINT.
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7 Dated: April 18, 2013
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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3:11-CV-01230 RS
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STIPULATION RE PROPOSED SCHEDULING ORDER FOLLOWING FILING OF FIRST AMENDED
COMPLAINT
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