Rodman v. Safeway, Inc.

Filing 425

ORDER re 421 Joint Case Management Statement filed by Michael Rodman. Signed by Judge Jon S. Tigar on February 18, 2016. (wsn, COURT STAFF) (Filed on 2/18/2016)

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1 James C. Shah (SBN 260435) SHEPHERD, FINKELMAN, MILLER & SHAH, LLP 2 401 West A Street, Suite 2350 3 San Diego, CA 92101 Telephone: (619) 235-2416 4 Facsimile: (619) 235-7334 5 jshah@sfmslaw.com CHIMICLES & TIKELLIS LLP 6 Steven A. Schwartz 7 Timothy N. Mathews 361 W. Lancaster Avenue 8 Haverford, PA 19041 9 10 Telephone: (610) 642-8500 Attorneys for Plaintiff and on Behalf of All Others Similarly Situated 11 Scott D. Baker (SBN 84923) 12 Jonah D. Mitchell (SBN 203511) James A. Daire (SBN 239637) 13 Christine M. Morgan (SBN 169350) 14 REED SMITH LLP 101 Second Street, Suite 1800 15 San Francisco, CA 94105 16 Telephone: (415) 543-8700 17 Attorneys for Defendant 18 SAFEWAY INC. 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 MICHAEL RODMAN, on behalf of himself Case No. 3:11-CV-03003 JST (JCS) 22 JOINT CASE MANAGEMENT REPORT 23 24 25 and all others similarly situated, Plaintiff, v. SAFEWAY INC., Defendant. 26 Date: February 24, 2016 Time: 2:00 PM Courtroom: 9 – 19th Floor The Honorable Jon S. Tigar 27 28 SMRH:436004263.3 JOINT CASE MANAGEMENT REPORT Case No. C11-03003 JST (JCS) Plaintiff, Michael Rodman (“Plaintiff”) and Defendant, Safeway Inc. 1 2 (“Safeway”) submit this Status Report to provide an update on three issues currently 3 pending before this Court, which are: the bill of costs; a proposed interim notice to 4 Class Members of entry of the judgment; and a briefing schedule for Plaintiff’s 5 anticipated motion for discovery sanctions. The parties are filing concurrently 6 herewith two stipulations that, subject to Court approval, resolve the issues 7 concerning the bill of costs and the proposed interim notice. The parties have also 8 agreed to a briefing schedule for Plaintiff’s motion for sanctions, which is set forth 9 below. As such, the parties believe the Case Management Conference currently 10 scheduled for February 24, 2016 can be taken off calendar. Alternatively, Plaintiff 11 will file herewith a request to appear telephonically. 12 13 A. 14 The parties have reached agreement on a stipulated amount of $95,000.00 for Bill of Costs 15 Plaintiff’s Bill of Costs incurred through the date of the approximately $41.9 million 16 judgment. The parties are submitting a stipulation to that effect today. 17 18 B. 19 The parties have agreed to send a notice to class members to provide them Notice of Entry of Judgment to Class Members 20 with an update on the status of the case, and also reminding Class members that they 21 should contact Class counsel in the event that their address or contact information 22 changes prior to resolution of the litigation. The parties have agreed on the content 23 of the notice and manner of distribution, and are submitting a stipulation and 24 proposed order seeking approval today. 25 26 27 28 H0052020. JOINT CASE MANAGEMENT REPORT Case No. C11-03003 JST (JCS) 1 C. 2 The parties have engaged in meet and confer discussions regarding Plaintiff’s Plaintiff’s Motion for Sanctions 3 anticipated motion for discovery sanctions but have been unable to reach any 4 agreement that obviates the need to file the motion. The parties propose the 5 following briefing schedule: 6 March 16, 2016 – Deadline for Plaintiff to file motion for 7 sanctions 8 April 13, 2016 – Deadline for Defendant to respond 9 May 4, 2016 – Plaintiff’s Reply 10 11 May 19, 2016 (or such other date as the Court may choose) – 12 Hearing on Plaintiff’s motion for sanctions 13 A proposed order setting the above schedule is attached hereto. 14 15 16 17 By: /s/ Jonah D. Mitchell_________ Scott D. Baker (SBN 84923) Jonah D. Mitchell (SBN 203511) James A. Daire (SBN 239637) Christine M. Morgan (SBN 169350) 101 Second Street, Suite 1800 San Francisco, CA 94105 Telephone: (415) 543-8700 Facsimile: (415) 391-8269 CHIMICLES & TIKELLIS LLP REED SMITH LLP 18 19 20 21 22 23 Attorneys for Defendant SAFEWAY INC. 24 25 By: /s/ Timothy N. Mathews_________ Steven A. Schwartz (pro hac vice) Timothy N. Mathews (pro hac vice) 361 W. Lancaster Ave. Haverford, PA 19041 Telephone: (610) 642-8500 Facsimile: (610) 649-3633 James C. Shah (SBN 260435) Rose F. Luzon (SBN 221544) SHEPHERD, FINKELMAN, MILLER & SHAH 401 West A Street, Suite 2350 San Diego, CA 92101 Telephone: (619) 235-2416 Facsimile: (866) 300-7367 Attorneys for Plaintiff MICHAEL RODMAN and the Class 26 27 28 H0052020. JOINT CASE MANAGEMENT REPORT Case No. C11-03003 JST (JCS) 1 [PROPOSED] ORDER The Court sets the following deadline for Plaintiff’s anticipated Motion for 2 3 Discovery Sanctions: 4 March 16, 2016 Deadline for Plaintiff to file motion for sanctions 5 April 13, 2016 Deadline for Defendant to respond 6 May 4, 2016 Plaintiff’s Reply Hearing on Plaintiff’s motion for sanctions 12 13 S RT HON. JON S. TIGAR . Ti ga r ge J o n S Jud ER 15 16 A H 14 R NIA 11 , 2016 UNIT ED 10 Date: February VED APPRO NO RT U O 9 IT IS SO ORDERED. S DISTRICT TE C TA FO 8 LI 7 N F D IS T IC T O R C 17 18 19 20 21 22 23 24 25 26 27 28 H0052020. JOINT CASE MANAGEMENT REPORT Case No. C11-03003 JST (JCS)

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