Bennett et al v. Simplexgrinnell LP

Filing 174

STIPULATION AND ORDER re 173 STIPULATION WITH PROPOSED ORDER for Additional Extension of Plaintiffs Expert Report Deadline and Corresponding Schedule Changes filed by Simplexgrinnell LP. Signed by Judge Jon S. Tigar on November 18, 2013. (wsn, COURT STAFF) (Filed on 11/18/2013)

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Laura L. Ho, CA Bar No. 173179
[e-mail]
James Kan, CA Bar No. 240749
[e-mail]
GOLDSTEIN, BORGEN, DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Telephone:
510.763.9800
Facsimile:
510.835.1417
Attorneys for Plaintiffs and Proposed Class
(Additional Counsel on Signature Page)
Dominick C. Capozzola (SBN 217381)
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
10 Madison Ave., Suite 400
Morristown, NJ 07690
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant SimplexGrinnell LP
(Additional Counsel on Signature Page)

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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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DON C. BENNETT, COMERLIS
DELANEY, GARY ROBINSON, DARREN
SCOTT, and JON HOTZLER, on behalf of
themselves and all others similarly situated,

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Plaintiffs,

Case No. 11-1854 JST (NJV)
STIPULATION AND [PROPOSED] ORDER
FOR EXTENSION OF PLAINTIFFS’
EXPERT REPORT DEADLINE AND
CORRESPONDING SCHEDULE CHANGES

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v.
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SIMPLEXGRINNELL, LP,
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Defendant.
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Complaint Filed:
First Amended
Complaint Filed:
Second Amended
Complaint Filed:
Third Amended
Complaint Filed:
Trial Date:
Judge:

April 18, 2011
June 27, 2011
June 26, 2012
July 17, 2013
None Set
Honorable Jon S. Tigar

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Case No. 11-1854 JST (NJV)
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF PLAINTIFFS’ EXPERT REPORT DEADLINE
AND CORRESPONDING SCHEDULE CHANGES

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WHEREAS, under the existing pretrial schedule, Plaintiffs’ deadline to produce an expert
report was November 11, 2013, and the scheduled date for mediation is November 19, 2013;
WHEREAS, although the parties have worked diligently to meet the existing expert

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discovery deadlines, complications in the available data have frustrated the parties’

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efforts. Plaintiffs recently produced a narrower list of persons for whom they required data, and

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that has enabled SimplexGrinnell to collect and produce most of the required data.

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WHEREAS, because Plaintiffs did not have all of the data they required, they were unable

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to produce their report by November 11, 2013, and the parties continued to discuss an extension

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through that date. Due to Plaintiffs’ expert’s pre-existing schedule conflicts and the delay in the

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production of data, they cannot complete their expert report until November 25, 2013;
WHEREAS, the parties agree that having expert reports available at the time of mediation

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will increase the chances that mediation will be successful. Thus, it is desirable to postpone

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mediation. In that regard, the parties and the mediator are all available on January 8, 2014;

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WHEREAS, in light of the current circumstances, the parties believe it is in the interests of

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justice to extend the existing deadlines for expert discovery, in addition to the scheduled date for

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mediation and the hearing for Plaintiffs’ Motion for Partial Summary Judgment. These deadlines

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will not affect the existing deadline of January 30, 2014 for the parties to file motions for class

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certification and/or dispositive motions;

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IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:

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1.

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Upon the approval of the Court, Plaintiffs’ deadline to produce the damages expert

report from designated expert witness Robert Fountain is extended to November 25, 2013;
2.

Defendant’s deadline to produce its rebuttal expert damages report is extended to

December 16, 2013;

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3.

The parties’ damages expert deposition deadline is extended to January 10, 2014.

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4.

The mediation deadline is extended to January 15, 2014;

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5.

The hearing date for Plaintiffs’ Motion for Partial Summary Judgment is extended

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to January 23, 2014;
6.

The expert discovery deadline shall be January 10, 2014;

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Case No. 11-1854 JST (NJV)
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF PLAINTIFF’S EXPERT REPORT DEADLINE
AND CORRESPONDING SCHEDULE CHANGES

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7.

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30, 2014.

The deadline for filing class certification and dispositive motions remains January

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Dated: November 15, 2013

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Respectfully submitted,
By: /s/ Raymond C. Fay

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Raymond C. Fay
Fay Law Group PLLC
1250 Connecticut Avenue, NW Suite 200
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Bruce E. Menken
Jason Rozger
BERANBAUM MENKEN LLP
80 Pine Street, 33rd Floor
New York, NY 10005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiffs and Proposed Class

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Dated: November 15, 2013
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By: /s/ Dominick Capozzola
Dominick Capozzola (SBN 217381)
Carolyn B. Hall (SBN 212311)
Jocelyn A. Merced, Pro Hac Vice
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Email:[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant SimplexGrinnell LP

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Case No. 11-1854 JST (NJV)
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF PLAINTIFF’S EXPERT REPORT DEADLINE
AND CORRESPONDING SCHEDULE CHANGES

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ATTESTATION
Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has
been obtained from each of the other signatories.

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Dated: November 15, 2013

By: /s/ Dominick Capozzola
Dominick C. Capozzola
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Attorneys for Defendant

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Case No. 11-1854 JST (NJV)
STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF PLAINTIFF’S EXPERT REPORT DEADLINE
AND CORRESPONDING SCHEDULE CHANGES

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[PROPOSED] ORDER

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Pursuant to the Stipulation of the parties and GOOD CAUSE APPEARING, IT IS SO

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ORDERED.

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DATED: __________________________
November 18, 2013

_____________________________________
Honorable Jon S. Tigar
United States District Court Judge

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16428036.1

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[PROPOSED] ORDER

Case No. 11-1854 JST (NJV)