Collins v. Duracell, Inc. et al
Filing
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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: 415-788-4220
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
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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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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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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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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
rschubert@schubertlawfirm.com
Miranda P. Kolbe
mkolbe@schubertlawfirm.com
Noah M. Schubert
nschubert@schubertlawfirm.com
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Three Embarcadero Ctr Ste 1650
San Francisco, CA 94111-4018
Telephone: 415-788-4220
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
dcottriel@jonesday.com
3161 Michelson Drive, 8th Floor
Irvine, CA 92612
Telephone: 949-553-7548
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: 415-626-3939
Facsimile: 415-875-5700
ramittelstaedt@jonesday.com
jmcdonell@jonesday.com
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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
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