Collins v. Duracell, Inc. et al

Filing 35

STIPULATION AND ORDER re 34 STIPULATION Modifying Schedule for Expert Discovery and Class Certification filed by James Collins. Motions due by 5/13/2013. Replies due by 6/27/2013. Responses due by 6/13/2013. Motion Hearing set for 7/23/2013 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 12/21/2012. (knm, COURT STAFF) (Filed on 12/21/2012)

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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
Attorneys for Plaintiff and the Class

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S CHUBERT J ONCKHEER & K OLBE LLP

NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT

SAN FRANCISCO DIVISION

Three!Embarcadero!Center,!Suite!1650!
San!Francisco,!CA!94111!
!(415)!788A4220!

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JAMES COLLINS, Individually and on
Behalf of All Others Similarly Situated,
v.

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STIPULATION AND [PROPOSED]
ORDER MODIFYING SCHEDULE
FOR EXPERT DISCOVERY AND
CLASS CERTIFICATION

Plaintiff,

THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY,

AS MODIFIED

Civ. L.R. 6-2, 7-12

Defendants.

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Case No. CV-12-1778-EDL

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

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3.

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

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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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S CHUBERT J ONCKHEER & K OLBE LLP

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

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

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

Three!Embarcadero!Center,!Suite!1650!
San!Francisco,!CA!94111!
!(415)!788A4220!

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4.

On November 13, 2012, Plaintiff served his Second Set of Interrogatories

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to Defendant Gillette and also requested Defendants provide supplemental responses

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and clarifications to Plaintiff’s First Set of Interrogatories. Gillette served responses and

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objections to Plaintiff’s Second Set of Interrogatories on December 17, 2013. Defendants

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have agreed to provide supplemental responses and data to Plaintiff’s First Set of

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Interrogatories no later than December 28, 2012.

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5.

On November 9, 2012, this Court ordered, pursuant to stipulation among

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the parties, that the deadlines in the Court’s Case Management and Pretrial Order be

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reset (Docket No. 32). On December 19, 2012, after meeting and conferring with

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Defendants, Plaintiff filed a Motion for Administrative Relief Regarding Expert

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Discovery and Class Certification Scheduling, requesting the deadlines for expert

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discovery for class certification and the motion for class certification be extended.

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6.

After the parties further met and conferred on December 19, 2012 and in

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light of ongoing discovery being conducted by the parties, the parties agreed to a revised

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schedule for expert discovery and the motion for class certification. As part of this

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stipulation, Plaintiff agrees to withdraw his Motion for Administrative Relief.

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2

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

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7.

The parties have agreed to the following proposed schedule:

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Current Deadline

Proposed Deadline

Plaintiff’s Expert Disclosures/Reports(s)

December 31, 2012

January 18, 2013

Defendant’s Expert Disclosures/Report(s)

February 4, 2013

March 8, 2013

Plaintiff’s Rebuttal Expert Report(s)

February 18, 2013

April 5, 2013

Close of Expert Discovery for Class Cert.

March 1, 2013

April 26, 2013

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Plaintiff’s Motion for Class Certification

March 5, 2013

May 13, 2013

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Defendants’ Opposition to Class Certification

April 5, 2013

June 13, 2013

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Plaintiff’s Reply to Defendant’s Opposition

April 19, 2013

June 27, 2013

Class Certification Hearing

May 14, 2013

July 9, 2013

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S CHUBERT J ONCKHEER & K OLBE LLP

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Three!Embarcadero!Center,!Suite!1650!
San!Francisco,!CA!94111!
!(415)!788A4220!

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Additionally, the parties have agreed that the deadlines for filing

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dispositive motions and the hearing on any dispositive motions (as set in the Court’s

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August 8, 2012 order) should be reset to reflect this new schedule, as follows:

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Current Deadline

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Last Day for Hearing Dispositive Motions

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October 2, 2013

September 3, 2013

Last Day to File Dispositive Motions

Proposed Deadline

July 30, 2013

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November 5, 2013

The parties believe that this proposed schedule will ensure the efficient,

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orderly, and complete litigation of expert discovery and class certification issues raised

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in this action.

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

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DATED: December 20, 2012

SCHUBERT JONCKHEER & KOLBE LLP
BY:

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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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JONES DAY

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BY:

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Three!Embarcadero!Center,!Suite!1650!
San!Francisco,!CA!94111!
!(415)!788A4220!

S CHUBERT J ONCKHEER & K OLBE LLP

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/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]

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Attorneys for Defendants
THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY

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

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[PROPOSED] ORDER
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 November 9, 2012 Order is

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modified as follows:

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■ Close of Expert Discovery for Class Certification: April 26, 2013

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Three!Embarcadero!Center,!Suite!1650!
San!Francisco,!CA!94111!
!(415)!788A4220!

■ Plaintiff’s Rebuttal Expert Report(s): April 5, 2013

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S CHUBERT J ONCKHEER & K OLBE LLP

■ Defendant’s Expert Disclosures/Report(s): March 8, 2013

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■ Plaintiff’s Expert Disclosures/Report(s): January 18, 2013

■ Plaintiff shall file Class Certification motion by May 13, 2013

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■ Defendants shall file opposition to class certification by June 13, 2013

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■ Plaintiff shall file reply to defendant’s opposition by June 27, 2013

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■ Court hearing on Plaintiff's motion for class certification: July __, 2013

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2.

The schedule for filing dispositive motions and the hearing on any

dispositive motions set in this Court’s August 8, 2012 Order is modified as follows:
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■ Last Day to File Dispositive Motions: October 2, 2013

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■ Last Day for Hearing Dispositive Motions: November 5, 2013

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: December 21, 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