Hall v. Comcast Corporation et al

Filing 26

ORDER granting as modified 25 STIPULATION REGARDING EXTENSION OF DEADLINES. Case Management Statement due by 5/3/2013. Case Management Conference set for 5/10/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Hearing on Motion for Class Certification set for 4/12/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 7/30/12. (jjoS, COURT STAFF) (Filed on 7/30/2012)

Case3:11-cv-05174-JSW Document25 Filed07/27/12 Page1 of 5

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TODD M. SCHNEIDER (SBN 158253)
CAROLYN H. COTTRELL (SBN 166977)
LEE B. SZOR (SBN 276381)
SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff and the Putative Class

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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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LYNN HALL, individually and on behalf of
others similarly situated,

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Plaintiff,
vs.

Case No.: 3:11-cv-05174-JSW
STIPULATION AND [PROPOSED] ORDER
REGARDING EXTENSION OF
DEADLINES AS MODIFIED
CLASS ACTION

COMCAST CORPORATION, COMCAST
OF CALIFORNIA / COLORADO / TEXAS /
WASHINGTON, INC., COMCAST OF
CALIFORNIA / COLORADO /
WASHINGTON I, INC. and DOES 1 to 50

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Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINES

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW

Case3:11-cv-05174-JSW Document25 Filed07/27/12 Page2 of 5

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STIPULATION

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WHEREAS on July 12, 2012, counsel for the parties met and conferred as ordered by the

3 Honorable Joseph C. Spero, regarding Defendant’s production of contact information for putative class
4 members;
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WHEREAS, the parties agreed that there are potential privacy issues implicated by the release of

6 the putative class members’ contact information;
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WHEREAS, the parties agreed to provide putative class members the opportunity to opt out of

8 the release of their contact information through the notice process followed in Pioneer Electronics
9 (USA), Inc. v. Sup. Ct., 40 Cal. 4th 360 (2007) and in Belaire-West Landscape, Inc. v. Sup. Ct., 149
10 Cal.App.4th 554 (2007);
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WHEREAS, the parties agree to modify the current stipulated protective order confirming that

12 the parties will only use the putative class member contact information for purposes of this litigation. A
13 modified stipulated protective order will be submitted to the Court for approval by August 6, 2012;
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WHEREAS, the parties agree that the current court deadlines, including the August 20, 2012

15 discovery deadline, must be vacated and new dates scheduled to allow the parties time to complete all
16 necessary discovery. Additional time is also warranted as a result of the Belaire notice process and to
17 allow the putative class members the opportunity to opt out of the release of their contact information.
18 To that end, the parties agree to the following schedule:
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Plaintiff will provide Defendant with a proposed Belaire notice by July 30, 2012;

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Defendant will provide Plaintiff with any comments regarding the notice by August 6, 2012;

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In the event the parties are unable to agree on the contents of the notice, they will attempt to

22 schedule a call with Magistrate Judge Spero on August 6, 2012, subject to His Honor’s availability;
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By August 13, 2012, Defendant will provide to a Claims Administrator selected by Plaintiff and

24 approved by Defendant, a complete list of all putative class members and their contact information,
25 including, the name, address, personal and/or personal cellular telephone numbers (to the extent
26 contained in personnel records), employee identification number (or some other means of identifying
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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINES

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW

Case3:11-cv-05174-JSW Document25 Filed07/27/12 Page3 of 5

1 each employee) and dates of employment;1
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The Claims Administrator will mail the Belaire notice to all putative class members by August

3 17, 2012;
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The putative class members will be provided until September 21, 2012, to opt out of having their

5 contact information released;
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By September 25, 2012, the Claims Administrator will provide Plaintiff’s counsel with a list of

7 the class members who have not opted out, and their contact information, including, the name, address,
8 personal and/or personal cellular telephone numbers (to the extent contained in personnel records),
9 employee identification number (or some other means of identifying each employee) and dates of
10 employment. Plaintiff’s counsel will only use this information for purposes of this litigation, will keep
11 this information confidential, and will not contact putative class members who have informed Plaintiff’s
12 counsel that they do not wish to communicate with counsel in this matter. Plaintiff’s counsel will
13 maintain a list of those putative class members who have indicated that they do not wish to
14 communicate with counsel, and such list will be maintained for the internal purposes of Schneider
15 Wallace Cottrell Brayton Konecky, LLP in tracking that information;
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Plaintiff will file her Motion for Class Certification by January 18, 2013;

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Defendant will file its opposition to Plaintiff’s Motion for Class Certification by February 22,

18 2013;
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Plaintiff will file her reply to Defendant’s Opposition to Plaintiff’s Motion for Class Certification

20 by March 8, 2013;
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A hearing on Plaintiff’s Motion for Class Certification should be set for a date convenient to the

22 Court’s calendar.
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IT IS SO STIPULATED.

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Plaintiff will agree to forego receipt of email addresses at this time without prejudice to requesting them at a later date

28 should Plaintiff be unable to reach any putative class member using the produced contact information.

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINES

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW

Case3:11-cv-05174-JSW Document25 Filed07/27/12 Page4 of 5

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DATED: _July 27, 2012___________

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SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP
/s/ Carolyn H. Cottrell
CAROLYN H. COTTRELL
Attorneys for Plaintiff LYNN HALL and the Putative Class

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DATED: July 27, 2012____________

LAFAYETTE & KUMAGAI LLP
/s/ Rebecca K. Kimura
REBECCA K. KIMURA
Attorneys for Defendants COMCAST CORPORATION
and COMCAST OF CALIFORNIA / COLORADO /
WASHINGTON I, INC.

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINES

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW

Case3:11-cv-05174-JSW Document25 Filed07/27/12 Page5 of 5

ORDER

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The Court, having reviewed the parties’ stipulation, and good cause appearing, hereby vacates

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the existing court deadlines, and sets the deadlines as provided above. The parties shall appear on
May 10, 2013 at 1:30 p.m. (Joint Case Management Statement due: 5-3-13)
November 9, 2012, for a Further Case Management Conference. The hearing on Plaintiff’s Motion for

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APRIL 12
Class Certification shall be set for _________________________, 2013. at 9:00 a.m.

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IT IS SO ORDERED.
Dated: July 30, 2012

__________________________
HON. JEFREY S. WHITE
United States District Court

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF DEADLINES

Hall v. Comcast Corporation, et al., Case No. 3:11-cv-05174-JSW