Rodman v. Safeway, Inc.

Filing 432

STIPULATION AND ORDER re 431 STIPULATION WITH PROPOSED ORDER Regarding Extension of Deadlines for Motion for Sanctions filed by Michael Rodman. Signed by Judge Jon S. Tigar on March 14, 2016. (wsn, COURT STAFF) (Filed on 3/14/2016)

Case 3:11-cv-03003-JST Document 431 Filed 03/14/16 Page 1 of 4

1 James C. Shah (SBN 260435)
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
2 401 West A Street, Suite 2350
San Diego, CA 92101
3 Telephone: [phone]
[e-mail]
4
CHIMICLES & TIKELLIS LLP
5 Steven A. Schwartz
Timothy N. Mathews
6 361 W. Lancaster Avenue
Haverford, PA 19041
7 Telephone: [phone]
8 Attorneys for Plaintiff and on Behalf
of All Others Similarly Situated
9
Scott D. Baker (SBN 84923)
10 Jonah D. Mitchell (SBN 203511)
James A. Daire (SBN 239637)
11 Christine M. Morgan (SBN 169350)
12 REED SMITH LLP
101 Second Street, Suite 1800
13 San Francisco, CA 94105
Telephone:
[phone]
14
Attorneys for Defendant
15 SAFEWAY INC.
16
UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

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19

MICHAEL RODMAN, on behalf of himself
20 and all others similarly situated,
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Case No. 11-03003 JST (JCS)
JOINT STIPULATION AND [PROPOSED]
SCHEDULING ORDER REGARDING
PLAINTIFF’S ANTICIPATED MOTION
FOR SANCTIONS

Plaintiff,
v.

23 SAFEWAY INC.,
24

Defendant.

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Case No. 11-03003 JST (JCS)
JOINT STIP. & ORDER REGARDING
DEADLINE FOR PLS. SANCTIONS MOTION

Case 3:11-cv-03003-JST Document 431 Filed 03/14/16 Page 2 of 4

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Plaintiff Michael Rodman, on behalf of himself and the certified Class (“Plaintiff”), and

2 Defendant, Safeway Inc. (“Safeway”) stipulate as follows:
3

WHEREAS, the Court entered final judgment (Dkt. No. 406) in favor of Plaintiff for

4 breach of contract damages plus pre-judgment interest and against Safeway Inc. (“Safeway”);
5

WHEREAS, Safeway filed a notice of appeal (Dkt. No. 408), which appeal is pending

6 before the United States Court of Appeals for the Ninth Circuit;
7

WHEREAS, pursuant to an order dated February 18, 2016, Plaintiff’s anticipated Motion

8 for Sanctions is currently due to be filed on March 16, 2016 (Dkt. No. 425);
9

WHEREAS, on March 3, 2016, Safeway filed a Notice of Proposed Stipulated Facts (Dkt.

10 No. 430) which, inter alia, reflected that after entry of the final judgment, Safeway and its new
11 counsel Reed Smith LLP undertook an investigation and based on interviews with certain Safeway
12 employees and review of a Safeway “website developer’s archive,” and Safeway has concluded
13 that the Plaintiff Version of the terms and conditions, and not the Safeway Version, was linked to
14 the customer registration page during much of the Relevant Period and was more likely than not to
15 have been linked to the customer registration page during the entire Relevant Period (all
16 capitalized terms are as defined in Dkt. No. 430);
17

WHEREAS, Plaintiff expects that additional claims arising out of Safeway’s Notice of

18 Proposed Facts will be added to his forthcoming motion for discovery sanctions;
19

WHEREAS, Plaintiff and Safeway have met and conferred, and Safeway has agreed to

20 provide Plaintiff with additional information about the post-judgment investigation conducted by
21 Safeway and its new counsel Reed Smith LLP, and the parties are continuing to negotiate the
22 scope of the additional information to be provided;
23

WHEREAS, Plaintiff requires additional time to obtain further information from Safeway

24 and incorporate such new information into his motion for sanctions, as appropriate;
25

NOW, THEREFORE, the parties to the above-captioned action hereby stipulate and agree

26 that, subject to approval by the Court, the deadlines for Plaintiff’s Motion for Sanctions shall be
27 modified as follows:
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Case No. 11-03003 JST (JCS)
JOINT STIP. & ORDER REGARDING
DEADLINE FOR PLS. SANCTIONS MOTION

Case 3:11-cv-03003-JST Document 431 Filed 03/14/16 Page 3 of 4

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Event

Current Date

Proposed New Date

Deadline to file motion for

March 16, 2016

April 6, 2016

April 13, 2016

May 4, 2016

Plaintiff’s reply

May 4, 2016

May 25, 2016

Hearing on Plaintiff’s

May 26, 2016

June 16, 2016

2
3
sanctions
4
5

Deadline for Safeway to

6

respond

7
8
9
10

motion for sanctions

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IT IS SO STIPULATED.
Dated: March 14, 2016

Dated: March 14, 2016

REED SMITH LLP

CHIMICLES & TIKELLIS LLP

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By: ___Timothy N. Mathews________
Steven A. Schwartz (pro hac vice)
Timothy N. Mathews (pro hac vice)
361 W. Lancaster Ave.
Haverford, PA 19041
Telephone:
[phone]
Facsimile:
[phone]

By: ___James A. Daire_______________
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:
[phone]
Facsimile:
[phone]

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:
[phone]
Facsimile:
[phone]

Attorneys for Defendant
SAFEWAY INC.

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Attorneys for Plaintiff
MICHAEL RODMAN and the Class

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* Filer’s Attestation: Pursuant to Civil
Local Rule 5-1(i) regarding signatures,
Timothy Mathews hereby attests that
concurrence in the filing of this
document has been obtained.

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Case No. 11-03003 JST (JCS)
JOINT STIP. & ORDER REGARDING
DEADLINE FOR PLS. SANCTIONS MOTION

Case 3:11-cv-03003-JST Document 431 Filed 03/14/16 Page 4 of 4

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[PROPOSED] ORDER
Good cause appearing therefore, PURSUANT TO STIPULATION, IT IS ORDERED

5 THAT the deadlines for Plaintiff’s motion for sanctions are modified as follows:
6

Event

Current Deadline

New Deadline

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8
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Deadline to file motion for March 16, 2016

April 6, 2016

sanctions

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Deadline

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respond

for

Safeway

to April 13, 2016

May 4, 2016

12
Plaintiff’s reply

May 4, 2016

May 25, 2016

13
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Hearing on Plaintiff’s motion May 26, 2016

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June 16, 2016

for sanctions

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IT IS SO ORDERED.

ER

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HON. JON S. TIGAR

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20 Date: March ___, 2015
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Case No. 11-03003 JST (JCS)
JOINT STIP. & ORDER REGARDING
DEADLINE FOR PLS. SANCTIONS MOTION