Parker v. J.M. Smucker Co.

Filing 39

STIPULATION AND ORDER CONTINUING CERTIFICATION BRIEFING AND HEARING DATES. Motion Hearing set for 9/19/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 03/26/2014. (tmi, COURT STAFF) (Filed on 3/26/2014)

1
2
3
4
5
6
7
8
9
10
11
12

AHDOOT & WOLFSON, P.C.
TINA WOLFSON (174806)
ROBERT AHDOOT (172098)
THEODORE W. MAYA (223242)
1016 Palm Avenue
West Hollywood, California 90069
Telephone: [phone]
310/474-8585 (fax)
[e-mail]
[e-mail]
[e-mail]
BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
LESLIE E. HURST (178432)
701 B Street, Suite 1700
San Diego, CA 92101
Telephone: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]
Attorneys for Plaintiff

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION
DIANA PARKER, individually and on
Case No.: 3:13-cv-00690-SC
behalf of all others similarly situated,
STIPULATION AND [PROPOSED] ORDER
Plaintiff,
CONTINUING CERTIFICATION BRIEFING
AND HEARING DATES
v.
CLASS ACTION
J. M. SMUCKER CO., an Ohio
corporation,
JURY TRIAL DEMANDED

16
17
18
19
20
21
22

Defendant.

Judge:
Courtroom:

Hon. Samuel Conti
1, 17th Floor

IT IS SO ORDERED AS MODIFIED

23
24
25
26
27
28
Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES

1

WHEREAS, the parties to this Action, Plaintiff Diana Parker, on behalf of herself, all

2

others similarly situated, and the general public, and Defendant J.M. Smucker Co.

3

(collectively, the “Parties”), have engaged in discovery and in extensive meet-and-confers

4

related to that discovery, including negotiations on protocols relating to the production of and

5

search for targeted electronically stored information and the scope and timing of a deposition

6

of Defendant pursuant to Federal Rule of Civil Procedure 30(b)(6), and the Parties agree that

7

this discovery is necessary to adequately brief Plaintiff’s anticipated Motion to Certify a Class

8

in this action (the “Motion”);

9

WHEREAS, the Court issued a Minute Order dated November 22, 2013, adopting the

10

briefing and hearing schedule proposed by the Parties in their Joint Case Management

11

Statement, under which Plaintiff’s Motion would be due by 03/28/2014, Defendant’s response

12

would be due 05/23/2014, Plaintiff’s reply would be due 06/20/2014, and the Motion would be

13

heard on Friday, 07/11/2014, at 10 AM (Docket No. 35);

14

WHEREAS, Defendant is continuing to produce documents in response to Plaintiff’s

15

discovery requests, which may be used in briefing on the Motion and in connection with the

16

upcoming deposition discussed below;

17

WHEREAS, the Parties are continuing to negotiate and attempting to schedule

18

deposition(s) pursuant to Federal Rule of Civil Procedure 30(b)(6), which the Parties currently

19

anticipate conducting in late April given the witnesses’ availabilities;

20

WHEREAS, the Parties previously stipulated to enlarge Defendant’s time to respond to

21

the Complaint in this action (Docket Nos. 5, 7), to enlarge Defendant’s time to respond to the

22

Amended Complaint (Docket No. 16), to continue the case management conference and set a

23

briefing schedule for Defendant’s motion to dismiss that Amended Complaint (Docket Nos.

24

18-19), and to extend Defendant’s time to answer the Amended Complaint following the

25

Court’s denial of the motion to dismiss (Docket No. 30); and

26
27
28

1

Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES

1

WHEREAS, the Parties agree that the schedule previously proposed by the Parties and

2

adopted by the Court for briefing and hearing Plaintiff’s Motion should be continued as

3

described below to allow the foregoing discovery to proceed in advance of that briefing;

4

IT IS HEREBY STIPULATED, subject to the approval of the Court, that:

5

1.

Plaintiff’s Motion to Certify a Class should be due on or before May 30, 2014

6

2.

Defendant’s Opposition to that Motion should be due on or before July 25,

8

3.

Plaintiff’s Reply in Support of that Motion should be due on or before August

9

22, 2014.

10

4.

7

11

2014.

The Hearing on Plaintiff’s Motion should be set for September 12, 2014, or

such other date as the Court may deem appropriate and convenient.

12
13
14

Dated: March 21, 2014

AHDOOT & WOLFSON, P.C.
By:

15
16
17
18
19
20
21

/s/ Tina Wolfson
Tina Wolfson

TINA WOLFSON (174806)
ROBERT AHDOOT (172098)
THEODORE W. MAYA (223242)
1016 Palm Ave.
West Hollywood, California 90069
Telephone: [phone]
310/474-8585 (fax)
[e-mail]
[e-mail]
[e-mail]

25

BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
LESLIE E. HURST (178432)
701 B Street, Suite 1700
San Diego, CA 92101
Telephone: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]

26

Attorneys for Plaintiff

22
23
24

27
28

2

Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES

1

Dated: March 21, 2014

2

JENNER & BLOCK LLP
By:

/s/ Kenneth Lee
KENNETH K. LEE

3

DEAN N. PANOS (pro hac vice)

4

353 N. Clark Street
Chicago, IL 60654
Telephone: [phone]
312/527-0484 (fax)
[e-mail]

5
6
7

JENNER & BLOCK LLP
KENNETH K. LEE (264296)
KATE T. SPELMAN (269109)
633 West 5th Street, Suite 3600
Los Angeles, CA 90071-2054
Telephone: [phone]
213/239-5199 (fax)
[e-mail]
[e-mail]

8
9
10
11
12
13
14

[PROPOSED] ORDER

15

Having reviewed the above Stipulation to Continue the briefing and hearing schedule

16

on Plaitniff’s Motion to Certify a Class in this action, and good cause appearing therefore, the

17

Stipulation is GRANTED, and the schedule proposed by the Parties above is adopted by the
so modified by this Court. The hearing on Plaintiff's motion shall be scheduled for 09/19/2014.
Court..
PURSUANT TO STIPULATION, IT IS SO ORDERED.

DIFIED

onti

amuel C

Judge S

H

ER

26

R NIA

AS MO

RT

25

IT

NO

24

THE HONORABLE SAMUEL CONTI
ED
UNITED STATESORDER
IS SO DISTRICT COURT JUDGE

FO

23

UNIT
ED

22

03/26/2014
DATED: ___________________

ISTRIC
ES D
TC
AT
T

RT
U
O

21

S

20

LI

19

A

18

N

F
D IS T IC T O
R

C

27
28

3

Case No. 3:13-cv-00690-SC
STIP AND [PROPOSED] ORDER CONTINUING CERTIFICATION DEADLINES