Worley v. Avanquest North America Inc

Filing 134

ORDER re 133 STIPULATION WITH PROPOSED ORDER. Case deadlines are continued as stipulated by the parties. Case Management Statement due by 5/6/2014. Case Management Conference set for 5/13/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. At the conference, the parties should be prepared to discuss possible continuance of the trial date. Signed by Judge William H. Orrick on 03/19/2014. (jmdS, COURT STAFF) (Filed on 3/19/2014)

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Jay Edelson (Admitted Pro Hac Vice)
[e-mail]
Rafey S. Balabanian (Admitted Pro Hac Vice)
[e-mail]
Benjamin H. Richman (Admitted Pro Hac Vice)
[e-mail]
Chandler R. Givens (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

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[Additional counsel included in signature block.]

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Attorneys for Plaintiffs and the Putative Class

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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N. KATHLEEN STRICKLAND (SBN 64816)
LAEL D. ANDARA (SBN 215416)
DEVIN C. COURTEAU (SBN 197505)
JUSTIN A. ZUCKER (SBN 284401)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
AVANQUEST NORTH AMERICA INC.

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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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BENSON WORLEY, et al.

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Plaintiff,

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v.

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AVANQUEST NORTH AMERICA INC.,

CASE NO. 3:12-CV-04391-WHO
STIPULATED REQUEST FOR ORDER
CONTINUING CASE DEADLINES; AND
ORDER
Judge:
Ctrm.:

Hon. William H. Orrick
2 (17th Floor)

Defendant.

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STIPULATION CONTINUING CASE DEADLINES &
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Pursuant to Local Rules 6-1, 6-2, and 7-12, Plaintiffs Benson Worley and Johnny Boyd

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(“Plaintiffs”) and Defendant Avanquest North America Inc. (“Avanquest”) (collectively,

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“Parties”), by and through their undersigned counsel, submit this Stipulated Request for Order

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Continuing Case Deadlines and [Proposed] Order, and state as follows:

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WHEREAS, the Parties previously stipulated to extend the time of Initial Case
Management Conference and it was held on October 1, 2013 (Doc Nos. 26; 51; 67; 86);
WHEREAS, by Order entered October 1, 2013, the Court set a schedule of discovery and
general case deadlines, including requiring that Plaintiffs serve their FRCP 26(a)(2) class

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certification disclosures by March 28, 2014, and Defendant serve its FRCP 26(a)(2) disclosures of

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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rebuttal expert witness and reports by April 28, 2014. The Court also set a deadline for

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depositions of all class certification witnesses except defendant’s rebuttal experts for April 28,

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2014; the Court set the deadline to depose defendant’s rebuttal experts for May 28, 2014. The

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Court’s Order further set a briefing schedule on Plaintiffs’ anticipated motion for class

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certification such that Plaintiffs motion for class certification be filed no later than June 30, 2014,

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Defendant’s response by July 21, 2014, and Plaintiffs’ reply by August 4, 2014, with the hearing

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on class certification to occur on August 20, 2014 (Dkt. No. 110);

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WHEREAS, on November 14, 2013, the Parties presented the Court with a Joint
Statement Regarding Discovery Disputes (Dkt. No. 116);
WHEREAS, by Order entered November 19, 2013, the Court referred certain outstanding

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discovery disputes between the Parties to Magistrate Judge Laurel Beeler for resolution (Dkt.

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Nos. 117, 118);

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WHEREAS, on December 12, 2013, the Parties appeared before Judge Beeler regarding

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their outstanding discovery disputes, and a ruling was issued on the same on December 13, 2013

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(Dkt. No. 123);

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WHEREAS, on February 5, 2014, the Court granted the Parties’ Stipulated Request for

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Order Continuing Further Case Management Conference from February 11, 2014, to March 25,

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2014 (Dkt. Nos. 110; 128; 129);

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WHEREAS, the Parties have been proceeding with discovery in light of Judge Beeler’s
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December 13th Order (and otherwise), including engaging in an ongoing meet and confer process

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to address various issues related to their respective discovery responses and productions of

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documents and tangible things;

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WHEREAS, the Parties believe that good cause exists to continue the scheduled Further
Case Management Conference to the first Tuesday after forty-five (45) days from March 25,

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2014, to May 13, 2014, or such other date convenient for the Court, to allow the Parties time to

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complete the outstanding discovery, including regarding class certification issues and disclosures;

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WHEREAS, the Parties further believe that good cause exists to continue the class

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certification deadlines approximately sixty (60) days as follows:

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Current Deadline
A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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Proposed Deadline

Plaintiffs’ Rule 26(a)(2)
Disclosures Regarding Class
Certification

March 28, 2014

May 27, 2014

Defendant’s Rule 26(a)(2)
Rebuttal Disclosures
Regarding Class Certification

April 28, 2014

June 27, 2014

April 28, 2014

June 27, 2014

May 28, 2014

July 28, 2014

Plaintiffs’ Deadline to File
Motion for Class Certification

June 30, 2014

August 29, 2014

Defendant’s Deadline to File
Opposition to Motion for
Class Certification

July 21, 2014

September 19, 2014

August 4, 2014

October 3, 2014

August 20, 2014 at 2:00 p.m.

October 20, 2014 at 2:00 p.m.

Deadline to Depose Class
Certification Witnesses (except
Defendant’s Rebuttal
Expert(s))
Deadline to Depose
Defendant’s Expert Rebuttal
Witnesses Related to Class
Certification

Plaintiffs’ Deadline to File
Reply in Support of Motion for
Class Certification
Hearing on Motion for Class
Certification

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WHEREAS, the Parties have noticed that the Court’s Civil Minutes for the October 1,

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2013, CMC (Dkt. No. 110) and Civil Pretrial Order (Dkt. No. 115) indicate that Parties’

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dispositive motions be filed no later than May 18, 2014, with responses due no later than June 17,

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2014, replies due no later than July 1, 2014, and a hearing on any motion set no later than July 15,

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2015. This briefing schedule, however, appears to have been in error inasmuch as the hearing date

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and balance of case deadlines, appear to indicate that briefing would proceed in calendar-year

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2015, as opposed to 2014. Accordingly, the Parties also respectfully request correction of the

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schedule to reflect that dispositive motions are to be filed no later than May 18, 2015, with

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responses filed by June 17, 2015, and replies filed by July 1, 2015;

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WHEREAS, Local Rule 6-1(b) mandates that the Parties may stipulate in writing to the

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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Court “for any enlargement . . . of time that alters an event or deadline already fixed by Court

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order.” Local Rule 6-1(b);

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WHEREAS, the Parties are not aware of any date fixed by Court order that will be altered

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by the instant stipulation, absent the Court’s execution of this Proposed Order (which would

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modify the deadline to for: (1) the Further Case Management Conference, (2) the Parties to

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submit their FRCP 26(a)(2) Class Certification Disclosures, (3) the briefing schedule on

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Plaintiff’s anticipated motion for class certification, and (4) when Dispositive Motions and

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subsequent papers are to be filed);

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WHEREAS, good cause exists to grant the Parties’ Stipulated Request.

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NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE as

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follows:
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The Further Case Management Conference shall be continued to the first Tuesday

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after forty-five days (45) days from March 25, 2014, to May 13, 2014, or such other date

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convenient for the Court;

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2.

The deadline for the Parties to serve their respective FRCP 26(a)(2) class

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certification disclosures shall be continued sixty (60) days such that Plaintiffs’ disclosures shall

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be served no later than May 27, 2014, and Defendant’s rebuttal disclosures shall be served no

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later than June 27, 2014;

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The deadlines for depositions of all class certification witnesses except
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Defendant’s rebuttal experts shall be continued from April 28, 2014 to June 27, 2014 and the

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deadline to depose Defendant’s rebuttal experts shall be continued from May 28, 2014 to July 28,

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2014;

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continued sixty (60) days from June 30, 2014 to August 29, 2014;

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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The deadline for Plaintiffs to file their Reply in Support of their Motion for Class

Certification shall be continued sixty (60) days from August 4, 2014 to October 3, 2014;

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The deadline for Defendant to file its Opposition to Plaintiff’s Motion for Class

Certification shall be continued sixty (60) days from July 21, 2014 to September 19, 2014;

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The deadline for Plaintiffs to file their Motion for Class Certification shall be

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The hearing on class certification shall be continued sixty (60) days from August

20, 2014 to October 20, 2014 at 2:00 p.m.; and

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The deadline for the Parties to file dispositive motions is May 18, 2015, with

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responses to be filed by June 17, 2015, replies to be filed by July 1, 2015, and dispositive motions

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to be heard by July 15, 2015.

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IT IS SO STIPULATED.

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Dated: March 18, 2014

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BENSON WORLEY and JOHNNY BOYD,
individually and on behalf of all others similarly situated,

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By: /s/ Benjamin H. Richman
One of Plaintiffs’ Attorneys

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Jay Edelson (Admitted Pro Hac Vice)
[e-mail]
Rafey S. Balabanian (Admitted Pro Hac Vice)
[e-mail]
Benjamin H. Richman (Admitted Pro Hac Vice)
[e-mail]
Chandler R. Givens (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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Mark S. Eisen (SBN 289009)
[e-mail]
EDELSON PC
555 West Fifth Street, 31st Floor
Los Angeles, California 90013
Tel: [phone]
Fax: [phone]

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Dated: March 18, 2014

AVANQUEST NORTH AMERICA INC.,

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By:

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/s/ N. Kathleen Strickland
One of Defendant’s Attorneys
N. KATHLEEN STRICKLAND
[e-mail]
LAEL D. ANDARA
[e-mail]
DEVIN C. COURTEAU
[e-mail]
JUSTIN A. ZUCKER
[e-mail]
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Phone: [phone]
Facsimile: [phone]

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
I, N. Kathleen Strickland, am the ECF user whose identification and password are being

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used to file the foregoing Stipulated Request for Order Continuing Case Deadlines; and

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[proposed] Order. I hereby attest that the above-referenced signatory to this Stipulated Request

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has concurred in this filing.

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Dated: March 18, 2014

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/s/ N. Kathleen Strickland
N. Kathleen Strickland

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties shall file a Joint

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Case Management Conference Statement on May 6, 2014 describing the status of this matter. At

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the Case Management Conference on May 13, 2014, the parties should be prepared to discuss,

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among other things, moving the trial date to October to provide three months between the last day

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to hear dispositive motions and the trial.

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Entered March 19, 2014

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HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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