Collins v. Duracell, Inc. et al

Filing 32

STIPULATION AND MODIFIED ORDER Modifying Schedule for Expert Discovery and Class Certification re 31 : Motions due by 3/5/2013. Responses due by 4/5/2013. Replies due by 4/19/2013. Motion Hearing set for 5/14/2013 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Magistrate Judge Elizabeth D. Laporte on 11/9/2012. (knmS, COURT STAFF) (Filed on 11/9/2012)

Case3:12-cv-01778-EDL Document31 Filed11/08/12 Page1 of 5
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ROBERT C. SCHUBERT (No. 62684)
MIRANDA P. KOLBE (No. 214392)
NOAH M. SCHUBERT (No. 278696)
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Ctr Ste 1650
San Francisco, CA 94111-4018
Telephone: [phone]
Facsimile: 415-788-0161

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Attorneys for Plaintiff and the 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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JAMES COLLINS, Individually and on
Behalf of All Others Similarly Situated,

Case No. CV-12-1778-EDL
STIPULATION AND [PROPOSED]
ORDER MODIFYING SCHEDULE
FOR EXPERT DISCOVERY AND
CLASS CERTIFICATION
AS MODIFIED
Civ. L.R. 6-2, 7-12

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Plaintiff,
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S CHUBERT J ONCKHEER & K OLBE LLP

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v.
THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY,

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Defendants.
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1.

Plaintiff commenced this putative class action against defendants The

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Gillette Company and The Proctor and Gamble Company (collectively “Defendants”) on

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April 10, 2012. Plaintiff alleges that Defendants violated California Business and

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Professions Code §§ 17200 et seq. and California Civil Code §§ 1750 et seq. with regard

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to product claims concerning Duracell Ultra Advanced and Duracell Ultra Power

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batteries. Defendants deny Plaintiff’s claims have any merit.

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2.

On August 8, 2012, the Court issued its Case Management and Pretrial

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Order, setting, inter alia, deadlines for the exchange of expert reports and the

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completion of expert discovery regarding class certification and deadlines to file and

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brief the class certification motion. (Docket No. 25.)
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STIPULATION AND [PROPOSED] ORDER MODIFYING
DISCOVERY AND CLASS CERTIFICATION SCHEDULE
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document31 Filed11/08/12 Page2 of 5
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3.

The parties met and conferred pursuant to Rule 26(f) on July 9, 2012, and

served document requests and interrogatories on Defendants. On August 1, 2012, the

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parties exchanged initial disclosures, and on August 8, 2012, the Court issued its Case

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Management and Pretrial Order (“Case Management Order”). By stipulation among the

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parties, Plaintiff served responses and objections to Defendants’ document requests and

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interrogatories on September 6, 2012, followed by supplemental responses and

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objections on October 22, 2012, and Defendants served responses and objections to

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Plaintiff’s document requests and interrogatories on September 13, 2012. The parties

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document requests and interrogatories on Plaintiff, and on July 20, 2012, Plaintiff

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also stipulated to a Protective Order governing the handling of confidential documents

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and their disclosure to expert witnesses, which was entered by the Court on September

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13, 2012. (Docket No. 30.)

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4.

The Case Management Order requires Plaintiff to file his expert report(s)

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for class certification by November 15, 2012, Defendants to file their expert report(s) for

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class certification by December 14, 2012, and Plaintiff to file his rebuttal expert report(s)

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for class certification by January 15, 2013. All expert discovery for class certification

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must be completed by February 1, 2013. Plaintiff must also file his class certification

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motion by February 19, 2013, and the class certification hearing is set for April 23, 2013.

 

    

  
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discovery commenced promptly thereafter. On July 12, 2012, Defendants served

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S CHUBERT J ONCKHEER & K OLBE LLP

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5.

In light of ongoing discovery and depositions being conducted by the

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parties in the case and after having met and conferred, the parties agree to extend these

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expert discovery and class certification deadlines.

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6.

The parties agree to the following schedule for expert discovery related to

Plaintiff’s motion for Class Certification:

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■ Plaintiff’s Expert Disclosures/Report(s): December 31, 2012

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■ Defendant’s Expert Disclosures/Report(s): February 4, 2013

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■ Plaintiff’s Rebuttal Expert Report(s): February 18, 2013
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STIPULATION AND [PROPOSED] ORDER MODIFYING
DISCOVERY AND CLASS CERTIFICATION SCHEDULE
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document31 Filed11/08/12 Page3 of 5
■ Close of Expert Discovery for Class Certification: March 1, 2013

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7.

The parties agree to the following schedule for Class Certification:

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■ Plaintiff shall file Class Certification motion by March 5, 2013

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■ Defendants shall file opposition to class certification by April 5, 2013

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■ Plaintiff shall file reply to defendant’s opposition by April 19, 2013

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■ Court hearing on Plaintiff's motion for class certification: May 7, 2013

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The parties agree that all other deadlines in the Court’s Case Management

Order would remain unchanged. The parties believe that this proposed schedule will

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ensure the efficient, orderly, and complete litigation of expert discovery and class

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certification issues raised in this action.

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DATED: November 8, 2012

SCHUBERT JONCKHEER & KOLBE LLP
BY:

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S CHUBERT J ONCKHEER & K OLBE LLP

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/S/
NOAH M. SCHUBERT (NO. 278696)

Robert C. Schubert
[e-mail]
Miranda P. Kolbe
[e-mail]
Noah M. Schubert
[e-mail]

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Three Embarcadero Ctr Ste 1650
San Francisco, CA 94111-4018
Telephone: [phone]
Facsimile: 415-788-0161

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Attorneys for Plaintiff and the Class

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STIPULATION AND [PROPOSED] ORDER MODIFYING
DISCOVERY AND CLASS CERTIFICATION SCHEDULE
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document31 Filed11/08/12 Page4 of 5
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BY:

/S/
DARREN K. COTTRIEL (NO. 184731)

Darren K. Cottriel
[e-mail]
3161 Michelson Drive, 8th Floor
Irvine, CA 92612
Telephone: [phone]
Facsimile: 949-553-7539
Robert A. Mittelstaedt (No. 060359)
Jason McDonell (No. 115084)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA  94104
Telephone: [phone]
Facsimile: 415-875-5700
[e-mail]
[e-mail]
Attorneys for Defendants
THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY

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S CHUBERT J ONCKHEER & K OLBE LLP

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JONES DAY

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STIPULATION AND [PROPOSED] ORDER MODIFYING
DISCOVERY AND CLASS CERTIFICATION SCHEDULE
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document31 Filed11/08/12 Page5 of 5
[PROPOSED] ORDER

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The Court, having considered the above stipulation of the parties, and good cause
appearing therefore, HEREBY ORDERS THAT:
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The schedule for expert discovery relating to class certification and

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Plaintiff’s motion for Class Certification set in this Court’s August 8, 2012 Case

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Management and Pretrial Order is modified as follows:

■ Plaintiff’s Rebuttal Expert Report(s): February 18, 2013

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■ Close of Expert Discovery for Class Certification: March 1, 2013

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■ Defendant’s Expert Disclosures/Report(s): February 4, 2013

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■ Plaintiff shall file Class Certification motion by March 5, 2013

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■ Defendants shall file opposition to class certification by April 5, 2013

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■ Plaintiff shall file reply to defendant’s opposition by April 19, 2013
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Court hearing on Plaintiff's motion for class certification: May 7, 2013
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2.

All other deadlines in this Court’s Case Management Order shall remain

 

    

  
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■ Plaintiff’s Expert Disclosures/Report(s): December 31, 2012

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unchanged.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: November 9, 2012
HON. ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER MODIFYING
DISCOVERY AND CLASS CERTIFICATION SCHEDULE
Case No.: CV-12-1778-EDL