In Re Ford Tailgate Litigation

Filing 63

PRETRIAL ORDER NO. 2. Signed by Judge Richard Seeborg on 3/5/12. (cl, COURT STAFF) (Filed on 3/5/2012)

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LEE ALBERT (pro hac vice)
BENJAMIN D. BIANCO (pro hac vice)
MURRAY FRANK LLP
275 Madison Avenue, Suite 801
New York, New York 10016
Telephone: [phone]
Facsimile: 212-682-1892
[e-mail]
[e-mail]

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ADAM J. LEVITT
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
55 West Monroe Street, Suite 1111
Chicago, Illinois 60603
Telephone: [phone]
[e-mail]

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Plaintiffs’ Interim Co-Lead Counsel

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AMIR M. NASSIHI (SBN: 235936)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: [phone]
[e-mail]

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JANET L. CONIGLIARO
LECLAIR RYAN
Fairlane Plaza North
290 Town Center Drive, Fourth Floor
Dearborn, Michigan 48126
Telephone: [phone]
[e-mail]
JOHN M. THOMAS (SBN: 266842)
DYKEMA GOSSETT PLLC
2723 South State Street, Suite 400
Ann Arbor, Michigan 48104
Telephone: [phone]
[e-mail]
Attorneys for Defendant FORD MOTOR
COMPANY

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[PROPOSED] PRE-TRIAL ORDER NO. 2

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Case No. 11-CV-2953-RS

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 11-CV-2953-RS

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CLASS ACTION
IN RE FORD TAILGATE LITIGATION

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[PROPOSED]
PRE-TRIAL ORDER NO. 2

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Judge: Hon. Richard Seeborg

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WHEREAS, on February 23, 2012, the Court held an initial case management
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conference;
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WHEREAS, on February 24, 2012, the Court consolidated the two related actions (Case
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No. 11-CV-3133-RS and Case No. 11-CV-3832-RS) with the instant action; and
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WHEREAS, all parties to the consolidated actions agree to the case management
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schedule set forth herein.
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NOW, THEREFORE, THE COURT ORDERS as follows:
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I.

Consolidated Complaint

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a.

Plaintiffs shall file their consolidated complaint on or before April 13, 2012;

b.

Defendant Ford Motor Company (“Ford”) shall answer or otherwise respond to

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the consolidated complaint on or before May 14, 2012;
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c.

If Ford moves to dismiss the consolidated complaint, Plaintiffs shall file their

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opposition papers on or before June 13, 2012, and Ford shall file its reply
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memorandum, if any, on or before June 29, 2012.
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d.

The hearing on any motion to dismiss shall be held on July 26, 2012.

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II.

Fact Discovery

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a.

Initial disclosures pursuant to Rule 26 of the Federal Rules of Civil Procedure

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shall be made on or before April 27, 2012.
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b.

Fact discovery shall commence on April 27, 2012, and close on November 27,

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2012, absent extension by the Court for good cause shown.
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[PROPOSED] PRE-TRIAL ORDER NO. 2

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Case No. 11-CV-2953-RS

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III.

Class Certification
a.

Plaintiffs’ motion for class certification shall be filed on or before January 11,

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2013. Deadline to depose Plaintiffs’ expert(s) offered in support of their class

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certification motion shall be February 1, 2013.

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b.

Ford shall file its opposition to class certification on or before February 26,

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2013. Deadline to depose defendant’s expert(s) offered in support of opposition

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briefing shall be March 19, 2013.

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c.

before March 28, 2013.

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Plaintiffs shall file their reply in support of their class certification motion on or

d.

The hearing on plaintiffs’ motion for class certification shall be held on April 18,
2013.

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SO ORDERED:

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3/5/12
DATED: _________________

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_________________________________
HON. RICHARD SEEBORG
United States District Judge

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[PROPOSED] PRE-TRIAL ORDER NO. 2

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Case No. 11-CV-2953-RS