Palm v. Sur La Table, Inc.

Filing 40

ORDER GRANTING 37 Stipulation and Proposed Order To Continue Class Certification and Pre-Trial Deadlines filed by Aaron Palm. Class Cert motion due by 9/27/2013. Class Cert Replies due by 12/6/2013. Class Cert Opposition/ Responses due by 11/8/2013. Class Cert Motion hearing: date and time to be determined by the Court. All other dates remain unchanged. Signed by Judge Joseph C. Spero on 1/15/13. (klhS, COURT STAFF) (Filed on 1/15/2013)

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Richard A. Hoyer (SBN 151931)
David C. Lipps (SBN 269933)
HOYER & ASSOCIATES
240 Stockton Street, 9th Floor
San Francisco, CA 94108
tel [phone]
fax [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
AARON PALM

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GIBSON, DUNN & CRUTCHER LLP
MICHELE L. MARYOTT (SBN 191993)
[e-mail]
DEIRDRE P. LANNING (SBN 260247)
[e-mail]
3161 Michelson Drive
Irvine, CA 92612-4412
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SUR LA TABLE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON PALM, on behalf of himself and all
others similarly situated,

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Plaintiffs,
vs.

Case No. 12-cv-01250-JCS
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CLASS
CERTIFICATION AND PRE-TRIAL
DEADLINES

SUR LA TABLE, INC., a Corporation, and
DOES 1–25

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Defendants,
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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CLASS CERTIFICATION AND PRE-TRIAL DEADLINES

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WHEREAS the parties agreed to, and the Court subsequently ordered that, the

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parties participate in mediation.

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2.

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agreed to postpone the mediation to January 15, 2013.

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3.

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time for further discovery that the parties anticipate will facilitate a more productive

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mediation.

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4.

WHEREAS the mediation has been rescheduled for March 15, 2013.

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5.

WHEREAS in the event the case is not resolved at mediation, the parties will need

WHEREAS the initial mediation deadline was December 5, 2012, but the parties

WHEREAS the parties have agreed to again briefly postpone the mediation to allow

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more time after the mediation to complete discovery on the individual claims and for class

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certification.

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postponement of the mediation.

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discovery and motion deadlines set forth in the Court’s Case Management and Pre-Trial

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Order be postponed as follows:

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WHEREAS, Defendant has advised Plaintiff that it will not agree to a further

THE PARTIES THUS STIPULATE AND JOINTLY REQUEST THAT the following

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Class Certification Claims

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o

Plaintiff’s class certification expert disclosure deadline: May 10, 2013;

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o

Defendant’s class certification expert disclosure deadline: June 7,

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2013;
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Deadline for all expert disclosures in connection with class certification
required by Federal Rules of Civil Procedure: July 12, 2013;

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o

Class certification non-expert discovery cut-off: July 12, 2013;

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o

Deadline to exchange rebuttal expert reports for class certification:

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CLASS CERTIFICATION AND PRE-TRIAL DEADLINES

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August 14, 2013;

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Class certification expert discovery cut-off: September 6, 2013;

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Class certification motion filing deadline: September 27, 2013;

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Class certification motion opposition filing deadline: November 8, 2013;

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Class certification motion reply filing deadline: December 6, 2013;

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Class certification motion hearing: January ____, 2013, at

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_______________, date and time to be determined by the Court.

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Individual Claims

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o

Plaintiff’s expert disclosure deadline: April 19, 2013;

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o

Defendant’s expert disclosure deadline: May 17, 2013;

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o

Deadline for exchange of expert reports: June 14, 2013;

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Non-expert discovery cut-off: August 9, 2013;

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o

Deadline for all expert disclosures required by Federal Rules of Civil

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Procedure: July 15, 2013;

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o

Deadline to exchange rebuttal expert reports: August 16, 2013;

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o

Expert discovery cut-off: September 13, 2013.

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All other dates remain unchanged - JCS.

Date: January 11, 2013

HOYER & ASSOCIATES

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David C. Lipps
Attorney for Plaintiff
AARON PALM

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CLASS CERTIFICATION AND PRE-TRIAL DEADLINES

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Date: January 11, 2013

GIBSON, DUNN & CRUTCHER LLP

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/s/
Michele L. Maryott
Deirdre P. Lanning
Attorneys for Defendant
SUR LA TABLE, INC.

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Date: 1/15/13

IT IS SO ORDERED.

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UNIT
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ISTRIC
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H

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Judge Jo

Spero

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Joseph C. Spero
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CLASS CERTIFICATION AND PRE-TRIAL DEADLINES

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