Davis v. Cole Haan, Inc.

Filing 58

ORDER GRANTING AS MODIFIED 57 STIPULATION Extending Time On Deadlines and Dates Related to All Deadlines. Jury Trial set for 7/8/2013 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion for Class Certificatio n Hearing set for 11/9/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 6/17/2013 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Dispositive Motion Hearing set for 3/22/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 6/4/12. (jjoS, COURT STAFF) (Filed on 6/4/2012) Modified on 6/4/2012 (jjoS, COURT STAFF).

Case3:11-cv-01826-JSW Document57 Filed06/01/12 Page1 of 5

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COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]

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COOLEY LLP
BEATRIZ MEJIA (190948) ([e-mail])
MATTHEW M. BROWN (264817) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
COLE HAAN

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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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TAMMIE DAVIS, an individual, on behalf of
herself and all others similarly situated,

Consolidated Case No. 11-cv-01826-JSW

Plaintiff,

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JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME ON DEADLINES
AND DATES RELATED TO ALL
DEADLINES

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v.
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COLE HAAN, INC., a New York
Corporation; and DOES 1 through 50,
inclusive,

Hon. Jeffrey S. White
Courtroom 11, 19th Floor

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Defendants.
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STEFANI CONCEPCION, an individual, on
behalf of herself and all others similarly
situated,

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Plaintiff,
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v.
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COLE HAAN, INC., a New York
Corporation; and DOES 1 through 50,
inclusive,

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Defendants.
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip & [Proposed] Order Extending Time on Deadlines & Dates Related to Motion for Class Cert

Case3:11-cv-01826-JSW Document57 Filed06/01/12 Page2 of 5

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Pursuant to L.R. 6-2, counsel for Defendant Cole Haan and counsel for Plaintiffs
(collectively, the “Parties”) stipulate as follows:

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WHEREAS, Plaintiffs’ counsel contacted counsel for Cole Haan on May 9, 2012 to

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inform Cole Haan of their intention to join a new class action representative to this lawsuit and

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requested Cole Haan’s agreement to amend their pleadings to join that new class representative;

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WHEREAS, Cole Haan has agreed to Plaintiffs’ request to join a new class representative
to this lawsuit;

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WHEREAS, Plaintiffs will file their First Amended Consolidated Complaint joining a
new class representative on or before June 8, 2012;

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WHEREAS, the Parties will need approximately an additional 60 days to complete
discovery with respect to Plaintiffs’ proposed new class representative;

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WHEREAS, the Parties agree to continue the deadlines relating to dispositive motions
until after the Court has heard Plaintiffs’ Motion for Class Certification;

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WHEREAS, the Parties are in the process of scheduling (among others) the new class
representative’s deposition and Defendant's 30(b)(6) deposition(s);

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WHEREAS, the deadlines for the class certification motions, fact and expert discovery

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cutoffs, motions for summary judgment, and the pretrial conference and trial dates are as

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specified in the table below;

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WHEREAS, there has been only one time modification to the below schedule by
stipulation on April 9, 2012 [ECF 51];

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WHEREAS, pursuant to such agreement, the Parties hereby seek an Order from the Court

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vacating the below-referenced dates, and rescheduling the deadlines and dates relating to class

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certification, fact and expert discovery, motions for summary judgment, and the pretrial

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conference and trial dates as specified below;

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Now, therefore, the Parties stipulate and respectfully request that the Court order that the

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current deadlines and dates be rescheduled as specified in the table below:

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///

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///

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip & [Proposed] Order Extending Time on Deadlines & Dates Related to Motion for Class Cert

Case3:11-cv-01826-JSW Document57 Filed06/01/12 Page3 of 5

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Deadline/Event

Current Dates

Proposed Dates

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First

Amended

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Complaint is due

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Answer

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Amended

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Complaint is due

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Motion for Class Certification is June 18, 2012

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due

to

Consolidated Not Applicable

Plaintiffs’

First Not Applicable

June 8, 2012

Consistent with Rules

Consolidated

August 27, 2012

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Opposition to Plaintiffs’ Motion July 10, 2012

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for Class Certification is due

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Reply in support of the Motion July 24, 2012

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for Class Certification is due

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Hearing on Plaintiffs’ Motion for August 31, 2012

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Class Certification

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Close of fact discovery

June 29, 2012

October 12, 2012

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Close of expert discovery

July 30, 2012

December 14, 2012

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The first party’s opening motion August 10, 2012

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for summary judgment is due

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The second party’s opposition August 24, 2012

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and cross-motion for summary

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judgment is due

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The reply and opposition to the September 11, 2012

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cross-motion

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judgment is due

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The second party’s reply in September 18, 2012

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support of the cross-motion for

for

September 21, 2012

October 5, 2012
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November 2, 2012

January 18, 2013

February 1, 2013

February 19, 2013

summary

February 26, 2013

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip & [Proposed] Order Extending Time on Deadlines & Dates Related to Motion for Class Cert

Case3:11-cv-01826-JSW Document57 Filed06/01/12 Page4 of 5

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Deadline/Event

Current Dates

Proposed Dates

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summary judgment is due

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The last day for the Court to hear October 12, 2012

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dispositive motions

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Pretrial Conference

December 10, 2012

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Trial

January 22, 2013

March 22, 2013
June 17
April 15, 2013
July 8
May 28, 2013

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IT IS SO STIPULATED.

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Dated: June 1, 2012

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COOLEY LLP
MICHELLE C. DOOLIN
BEATRIZ MEJIA
MATTHEW M. BROWN

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/s/ Matthew M. Brown
Matthew M. Brown
Attorneys for Defendants
COLE HAAN

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Dated: June 1, 2012
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PATTERSON LAW GROUP, APC
JAMES R. PATTERSON (211102)

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/s/ James R. Patterson
James R. Patterson

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Attorneys for Plaintiff
TAMMIE DAVIS

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Dated: June 1, 2012

STONEBARGER LAW, APC
GENE J. STONEBARGER (209461)
RICHARD D. LAMBERT (251148)
/s/ Gene J. Stonebarger
Gene J. Stonebarger
Attorneys for Plaintiff
STEFANI CONCEPCION

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

4.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip & [Proposed] Order Extending Time on Deadlines & Dates Related to Motion for Class Cert

Case3:11-cv-01826-JSW Document57 Filed06/01/12 Page5 of 5

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FILER’S ATTESTATION
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that
all parties have concurred in the filing of this document.

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Dated: June 1, 2012

COOLEY LLP

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/s/ Matthew M. Brown
Matthew M. Brown

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Attorneys for Defendants
COLE HAAN

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IT IS SO ORDERED.

AS MODIFIED ABOVE

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June 4, 2012
Dated: __________________________

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__________________________________________
The Honorable Jeffrey S. White
United States District Judge

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1269586 /SF

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

5.

CONSOLIDATED CASE NO. 11-CV-01826-JSW

Joint Stip & [Proposed] Order Extending Time on Deadlines & Dates Related to Motion for Class Cert