Collins v. Duracell, Inc. et al

Filing 46

ORDER re 45 Statement of Non-Opposition, filed by The Gillette Company, The Procter & Gamble Company, Set/Reset Deadlines as to 45 Statement of Non-Opposition,. Responses due by 9/20/2013. Replies due by 10/22/2013. Motion Hearing set for 11/12/2013 09:00 AM before Magistrate Judge Elizabeth D. Laporte.. Signed by Judge Elizabeth D. Laporte on 9/9/13. (lrc, COURT STAFF) (Filed on 9/13/2013)

Case3:12-cv-01778-EDL Document45 Filed09/09/13 Page1 of 6

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Darren K. Cottriel (State Bar No. 184731)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone:
949.553.7548
Facsimile:
949.553.7539
E-mail:
[e-mail]
Jason McDonell (State Bar No. 115084)
[e-mail]
Craig E. Stewart (State Bar No. 129530)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
415.626.3939
Facsimile:
415.875.5700
Attorneys for Defendants
THE GILLETTE COMPANY AND THE
PROCTER & GAMBLE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES COLLINS, Individually and on Behalf
of All others Similarly Situated

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Plaintiff,
v.

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

Case No. CV-12-1778-EDL
UNOPPOSED MOTION FOR
ADMINISTRATIVE RELIEF UNDER
LOCAL RULES 6-1(B) AND 7-11 TO
MODIFY CLASS CERTIFICATION
BRIEFING SCHEDULE,
DECLARATION OF JASON
MCDONELL IN SUPPORT
THEREOF, AND PROPOSED ORDER
CIV. L.R. 6-1(b), 7-11

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Admin Mot. to Modify Schedule
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document45 Filed09/09/13 Page2 of 6

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Defendants respectfully move under Local Rules 6-1(b) and 7-11 for an order modifying

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the class certification briefing schedule to extend, by one week each, the due dates for

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Defendants’ opposition and Plaintiff’s reply briefs. Because this motion is unopposed,

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Defendants present it as an administrative motion under Local Rule 7-11 to permit the Court to

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rule on the request on an expedited basis without the need to await any opposition brief.

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By order dated May 23, 2013, this Court modified the case schedule to provide for, among

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other things, a due date of September 13, 2013 for Defendants to file their opposition to

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Plaintiff’s motion for class certification, and a due date of October 15, 2013 for Plaintiff to file his

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reply. See ECF No. 44.

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Due to scheduling and work load issues of defense counsel, Defendants hereby request

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that the due dates for the class certification opposition and reply briefs each be enlarged by one

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week such that the new due date for the opposition would be September 20, 2013 and the new due

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date for the reply would be October 22, 2013. No other dates would be affected if the requested

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relief is granted, including that the hearing date on the motion for class certification would not be

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affected, and would remain as scheduled on November 5, 2013. Defendants requested Plaintiff to

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stipulate to this request, and while Plaintiff declined to stipulate to the requested extension of

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time, he does not oppose this request.

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Defendants’ counsel need the additional one week for filing the opposition to the class

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certification motion due to scheduling and workload issues unrelated to this case. If the Court

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does not grant the requested relief, defense counsel will have substantial difficulty complying

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with the schedule due to these scheduling and work load issues.

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Under the current schedule, the hearing on the motion for class certification is set for

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November 5, 2012. Thus, if the Court grants the requested modification of the briefing schedule,

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there will still be a period of two weeks between the due date for the filing of Plaintiff’s reply

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brief and the hearing on the motion for class certification.

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Admin Mot. to Modify Schedule
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document45 Filed09/09/13 Page3 of 6

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Dated: September 9, 2013

JONES DAY
By:

/s/ Jason McDonell
Jason McDonell

Jason McDonell (State Bar No. 115084)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants
THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY

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Admin Mot. to Modify Schedule
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document45 Filed09/09/13 Page4 of 6

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SIGNATURE ATTESTATION

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I hereby attest that the content of this document is acceptable to all persons whose

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signatures are indicated by a “conformed” signature (/s/) within this e-filed document.

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Dated: September 9, 2013

JONES DAY
By: /s/ Jason McDonell
Jason McDonell
Attorneys for Defendants
THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY

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Admin Mot. to Modify Schedule
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document45 Filed09/09/13 Page5 of 6

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DECLARATION OF JASON MCDONELL
I, Jason McDonell, hereby declare as follows:

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1.

Jones Day is counsel to Defendants in this case.

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2.

Under the current schedule, Defendants’ opposition to the pending motion for

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class certification is due to be filed no later than September 13, 2013.
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Because of scheduling and work load issues unrelated to this case, defense counsel

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will have substantial difficulty completing the opposition brief and related materials in time to

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meet that deadline.

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4.

Jones Day has requested counsel for Plaintiff to stipulate to the relief sought in this

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motion. Counsel for Plaintiff declined to stipulate, but also stated that they would not oppose the

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motion.

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I declare under penalty of perjury under the laws of United States that the foregoing is true

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and correct. This declaration is executed this 9th day of September, 2013, in San Francisco,

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California.

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/s/
Jason McDonell
Jason McDonell

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Admin Mot. to Modify Schedule
Case No.: CV-12-1778-EDL

Case3:12-cv-01778-EDL Document45 Filed09/09/13 Page6 of 6

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[PROPOSED]
xxxxxxxxxx ORDER
The Court, having considered the above motion, and good case appearing therefore, the
case schedule in this action is modified as follows:

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Event

Existing Deadlines
(ECF No. 44)
September 13, 2013

September 20, 2013

October 15, 2013

October 22, 2013

[Proposed] Extension

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Opposition to Class Certification

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Reply to Defendants’ Opposition to Class
Certification

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Haring on Plaintiff's motion for Class Certification continued to
November 12, 2013.
IT IS SO ORDERED.

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Dated: September ___, 2013

__________________________________
Hon. Elizabeth D. Laporte
United States Magistrate Judge

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SFI-837137v2

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Admin Mot. to Modify Schedule
Case No.: CV-12-1778-EDL