Falkenberg et al v. Alere Home Monitoring, Inc.

Filing 74

STIPULATION AND ORDER re 73 STIPULATION WITH PROPOSED ORDER TO CONTINUE THE TELEPHONIC CONFERENCE AND EXPERT DISCLOSURE DEADLINE filed by Alere Home Monitoring, Inc. Status Report due by 7/6/2015. Telephonic Case Management Conference set for 7/8/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on June 24, 2015. (wsn, COURT STAFF) (Filed on 6/24/2015)

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SEDGWICK LLP
STEPHANIE SHERIDAN (Bar No.
135910)
[e-mail]
KIRK C. JENKINS (Bar No. 177114)
[e-mail]
MEEGAN BROOKS (Bar. No. 298570)
[e-mail]
333 Bush Street, 30th Floor
San Francisco, California 94104-2835
Telephone: [phone]
Facsimile: [phone]

FINKELSTEIN, BLANKINSHIP,
FREI-PEARSON & GARBER LLP
JEREMIAH FREI-PEARSON (Pro Hac
Vice)
[e-mail]
D. GREG BLANKINSHIP (Pro Hac Vice)
[e-mail]
1311 Mamaroneck Avenue
White Plains, New York 10605
Telephone: [phone]
Facsimile: [phone]

Counsel for Defendant
ALERE HOME MONITORING, INC.

KELLER GROVER LLP
ERIC A. GROVER (SBN 136080)
[e-mail]
CAREY G. BEEN (SBN 240996)
[e-mail]
1965 Market Street
San Francisco, California 94103
Telephone:
[phone]
Facsimile:
[phone]

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Counsel for Plaintiffs
JOHN FALKENBERG
and STEVEN INGARGIOLA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN FALKENBERG and STEVEN
INGARGIOLA, on behalf of themselves and
all others similarly situated,

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Case No. 3:13-cv-00341-JST
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE
TELEPHONIC CONFERENCE AND
EXPERT DISCLOSURE DEADLINE

Plaintiffs,
v.

Hon. Jon S. Tigar

ALERE HOME MONITORING, INC.,
Defendant.

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Pursuant to Local Rule 6-2, Plaintiffs JOHN FALKENBERG and STEVEN

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INGARGIOLA (“Plaintiffs”) and defendant ALERE HOME MONITORING, INC.

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(“Defendant”), by and through their attorneys, respectfully request that the Court continue the
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Case No. 3:13-cv-00341-JST

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TELEPHONIC CONFERENCE AND EXPERT DISCLOSURE

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telephonic conference from June 26, 2015 until July 8, 2015, and the expert disclosure deadline

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from July 17, 2015 to July 31, 2015.

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On April 24, 2015, the Court scheduled a telephonic conference for June 26, 2015. (ECF

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No. 70.) On February 25, 2015, the Court set the deadline for expert disclosures for July 17,

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2015. (ECF 66.)

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The parties have been working diligently to resolve a number of discovery disputes. They

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agree that, with additional time, they will likely resolve many of these disputes without involving

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the court. Additional time would also allow the parties to make headway on any issues that they

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are not able to fully resolve, which would make the telephonic conference more efficient and

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productive. The parties therefore ask that the telephonic conference be continued twelve days,

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until July 8, 2015.

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The parties also request that the court continue the deadline for expert disclosures until

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July 31, 2015 so that the Parties can resolve discovery disputes and take additional discovery.

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Pursuant to Local Rule 30-1, the parties have conferred extensively about scheduling the

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depositions of each Plaintiff since April. However, because both Plaintiffs have health issues and

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because of scheduling issues, neither has yet been able to appear for a deposition (Ms. Fertig,

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who is not a named Plaintiff, has appeared for deposition.) The parties recently confirmed Mr.

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Falkenberg’s deposition for July 9, 2015 via videoconference. Mr. Ingargiola’s deposition will

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likely not take place until the week of July 20, 2015. The parties agree that the expert disclosure

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deadline should be continued until after both Plaintiffs have been deposed and the parties ask

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that the expert disclosure deadline be continued two weeks until July 31, 2015.

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Continuing the expert disclosure deadline would push back the expert rebuttal deadline
until August 14, 2015, and the expert discovery cut-off until August 28, 2015.

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There have been two sets of continuances in this case since it was filed in January 2013.

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First, the Court continued the briefing schedule for Defendant’s Motion to Dismiss and Motion

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to Strike. (ECF No. 21.) Second, the Court several times continued the hearing on Defendant’s

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Motion to Dismiss and Motion to Strike until decisions were issued in two pending Court of

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Appeals cases. (ECF Nos. 35, 37, 39, 42.)
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Case No. 3:13-cv-00341-JST

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TELEPHONIC CONFERENCE AND EXPERT DISCLOSURE

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WHEREAS IT IS HEREBY STIPULATED AND AGREED by and between the

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parties in this action by and through their attorneys of record, and, accordingly, requested that the

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Court:

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1. Continue the current June 26, 2015 telephonic conference date until July 8, 2015, or
as soon a date thereafter as is convenient to the Court’s calendar;
2. Continue the current July 17, 2015 expert disclosure deadline until July 31, 2015, or
as soon a date thereafter as is convenient to the Court’s calendar;
3. Continue the deadlines for the expert rebuttal and expert discovery cut-off
commensurate with the new expert disclosure deadline.

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Dated: June 24, 2015

By: /s/ Jeremiah Frei-Pearson
______
Jeremiah Frei-Pearson
D. Greg Blankinship
FINKELSTEIN, BLANKINSHIP, FREIPEARSON & GARBER LLP
Eric A. Grover
Carey G. Been
KELLER GROVER LLP
Counsel for Plaintiffs and the Putative
Class

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By: /s/ Stephanie Sheridan
Stephanie Sheridan
Kirk Jenkins
Meegan Brooks
SEDGWICK LLP
Counsel for Defendant

Dated: June 24, 2015

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Attestation

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Pursuant to Local Rule 5-1(i)(3), I, Stephanie Sheridan, attest that all other signatories
listed herein, and on whose behalf this filing is being submitted, concur in this filing’s content

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and have authorized the filing.
By:

/s/ Stephanie Sheridan

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3.

Case No. 3:13-cv-00341-JST

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TELEPHONIC CONFERENCE AND EXPERT DISCLOSURE

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ORDER

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that the telephonic

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conference currently set for June 26, 2015 is rescheduled for July 8, 2015 at 2:00 p.m., and that

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the expert disclosure deadline is rescheduled from July 17, 2015 to July 31, 2015.

DATED: June 24, 2015

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HONORABLERDERE
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UNITEDISTATES DISTRICT JUDGE
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IT IS SO ORDERED.

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Case No. 3:13-cv-00341-JST

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TELEPHONIC CONFERENCE AND EXPERT DISCLOSURE