Los Gatos Mercantile, Inc et al v. E.I DuPont De Nemours and Company et al

Filing 66

STIPULATION AND ORDER TO SET BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS, TO EXCEED PAGE LIMITS, AND TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINE re 65 STIPULATION. Case Management Statement due by 4/16/2014. Motions to Dismiss to be heard 4/23/2013. Further Case Management Conference set for 4/23/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 12/19/2013. (jmdS, COURT STAFF) (Filed on 12/19/2013)

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Beatrice B. Nguyen (CSB No. 172961)
[e-mail]
CROWELL & MORING LLP
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.986.2827
Shari Ross Lahlou (Admitted Pro Hac Vice)
[e-mail]
CROWELL & MORING LLP
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004
Telephone: [phone]
Facsimile: 202.628.5116
Attorneys for Defendant
E. I. DU PONT DE NEMOURS AND
COMPANY

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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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LOS GATOS MERCANTILE, INC. d/b/a
LOS GATOS ACE HARDWARE, FRED
SWAIM, INC. d/b/a QUALITY AUTO
PARTS, ACE HARDWARE OF SOUTH
WALTON, INC., LEXINGTON HOME
CENTER, LLC, R.F. COLE, INC. d/b/a
BREWERS PAINT CENTER,
CUSIMANO CARSTAR COLLISION,
INC., and THE CARPETSHOPPE, INC.,
on behalf of themselves and all others
similarly situated,

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STIPULATION AND ORDER TO SET
BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS,
TO EXCEED PAGE LIMITS, AND TO
CONTINUE CASE MANAGEMENT
CONFERENCE AND RELATED
DEADLINES
Judge:

Honorable William H. Orrick

Plaintiffs,

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Case No. 3:13-cv-01180-WHO

v.
E. I. DU PONT DE NEMOURS AND
COMPANY, HUNTSMAN
INTERNATIONAL LLC, KRONOS
WORLDWIDE, INC., and MILLENNIUM
INORGANIC CHEMICALS, INC.,
Defendants.

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STIP. RE: SCHEDULE, PG. LIMITS FOR MOT. TO
DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO

C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW

Error! Unknown document property name.

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Pursuant to Civil Local Rules 6-1, 6-2, 7-11, and 7-12, this Stipulation and [Proposed]
Order is entered into by and between Plaintiffs, Los Gatos Mercantile, Inc., d/b/a Los Gatos Ace
Hardware; Fred Swaim, Inc. d/b/a Quality Auto Parts; Ace Hardware of South Walton, Inc.;

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Lexington Home Center, LLC; R.F. Cole, Inc. d/b/a Brewers Paint Center; Cusimano Carstar
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Collision; Inc.; The Carpet Shoppe, Inc.; Morgan Tanner; and William Aviles (collectively,

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“Plaintiffs”), and Defendants E. I. du Pont de Nemours and Co., Huntsman International LLC,

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Kronos Worldwide, Inc., and Millennium Inorganic Chemicals, Inc. (collectively, “Defendants”).

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WHEREAS, Plaintiffs filed their original class action complaint in this action on March

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15, 2013, and filed their first amended class action complaint (“First Amended Complaint”) on

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November 4, 2013;
WHEREAS, Defendants’ answers or responses to the First Amended Complaint are
currently due on December 19, 2013;
WHEREAS, the parties agree and stipulate to an extension until January 24, 2014, for
Defendants to answer or otherwise respond to the First Amended Complaint;
WHEREAS, the parties agree and stipulate to a briefing schedule on a motion to dismiss
filed by Defendants;
WHEREAS, continuing the Case Management Conference until after briefing on

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Defendants’ motion to dismiss is complete would promote judicial economy and efficiency and
facilitate productive case management;
WHEREAS, the Case Management Conference and related deadlines have been

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rescheduled only once thus far, by agreement of the parties to permit Plaintiffs to file an amended

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complaint;

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WHEREAS, the parties respectfully request that the Court continue the Case Management

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Conference and related deadlines until after the briefing on the motion to dismiss is complete;
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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

Error! Unknown document property name.

STIP. RE: SCHEDULE, PG. LIMITS FOR MOT.
TO DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO

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WHEREAS, the parties further request that the Court expand the page limitations for the
motion to dismiss briefing;

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IT IS HEREBY STIPULATED AND AGREED that:

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1.

Defendants’ answers or motion to dismiss will be due on or before January 24,

2.

Plaintiffs’ opposition to Defendants’ motion to dismiss will be due on or before

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2014.

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March 7, 2014.

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3.

Defendants’ reply in support of a motion to dismiss will be due on or before April

4, 2014.

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4.

Defendants’ motion to dismiss may include up to 60 pages.

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Plaintiffs’ opposition to Defendants’ motion to dismiss may include up to 75

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6.

Defendants’ reply in support of a motion to dismiss may include up to 35 pages.

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7.

The last day for the parties to meet and confer regarding initial disclosures, early

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pages.

settlement, ADR process, and discovery plan; file ADR Certification signed by Parties and
Counsel; and file either Stipulation to ADR Process or Notice of Need for ADR Phone
Conference is continued from January 10, 2014, to April 16, 2014.

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8.

The last day for the parties to file the Rule 26(f) Report, complete their initial

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disclosures or objections thereto, and file the Case Management Statement is continued from

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January 24, 2014, to April 23, 2014.

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9.

The Case Management Conference shall be continued from January 28, 2014, to a

suitable date following the completion of briefing on Defendants’ motion to dismiss.

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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

Error! Unknown document property name.

STIP. RE: SCHEDULE, PG. LIMITS FOR MOT. TO
DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO

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Dated: December 18, 2013

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/s/ Beatrice B. Nguyen
______________________________________
Beatrice Nguyen (CSB No. 172961)
[e-mail]
CROWELL & MORING LLP
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Shari Ross Lahlou
[e-mail]
Lucy Grace D. Noyola
[e-mail]
CROWELL & MORING LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendant
E.I. DU PONT DE NEMOURS AND COMPANY

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Dated: December 18, 2013
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/s/ James A. Reeder
________________________________________
James Arthur Reeder, Jr.
[e-mail]
Erica L. Krennerich
[e-mail]
VINSON & ELKINS LLP
1001 Fannin Street, Suite 2500
Houston, TX 77002
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendant
HUNTSMAN INTERNATIONAL, LLC

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C ROWELL
& M ORING LLP

-3-

ATTO RNEY S AT LAW

Error! Unknown document property name.

STIP. RE: SCHEDULE, PG. LIMITS FOR MOT. TO
DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO

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Dated: December 18, 2013

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/s/ Paul Edward Coggins
______________________________
Paul Edward Coggins
[e-mail]
Kelly Rothermel Vickers
[e-mail]
LOCKE LORD LLP
2200 Ross Avenue, Suite 2200
Dallas, TX 75201
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant
KRONOS WORLDWIDE, INC.

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Dated: December 18, 2013

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/s/ James Cooper
___________________________________________
James Cooper
[e-mail]
Ryan Z. Watts
[e-mail]
ARNOLD AND PORTER LLP
555 Twelfth Street NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
Robert D. Hallman (No. 239949)
[e-mail]
ARNOLD AND PORTER LLP
3 Embarcadero Center, 10th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendant
CRISTAL USA INC., FORMERLY MILLENNIUM
INORGANIC CHEMICALS, INC.

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C ROWELL
& M ORING LLP

-4-

ATTO RNEY S AT LAW

Error! Unknown document property name.

STIP. RE: SCHEDULE, PG. LIMITS FOR MOT. TO
DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO

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Dated: December 18, 2013

/s/ Jonathan W. Cuneo
____________________________________________
Jonathan W. Cuneo, Esq.
[e-mail]
CUNEO GILBERT & LADUCA, LLP
507 C Street, N.E.
Washington, DC 20002
Telephone: [phone]
Facsimile: [phone]
Don Barrett, Esq.
[e-mail]
BARRETT LAW GROUP, P.A.
P.O. Box 927
404 Court Square North
Lexington, MS 39095
Telephone: [phone]
Interim Co-Lead Counsel for Plaintiffs

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ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the
filing of this document has been obtained from the other signatories.
Dated: December 18, 2013 ____

/s/ Beatrice B. Nguyen

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C ROWELL
& M ORING LLP

-5-

ATTO RNEY S AT LAW

Error! Unknown document property name.

STIP. RE: SCHEDULE, PG. LIMITS FOR MOT. TO
DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED as modified below in bold.
Accordingly:

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(a) Defendants’ answers or motion to dismiss will be due on or before January 22, 2014;

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(b) Plaintiffs’ opposition to Defendants’ motion to dismiss will be due on or before March

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5, 2014;
(c) Defendants’ reply in support of a motion to dismiss will be due on or before April 2,

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2014;
(d) Defendants’ motion to dismiss and Plaintiffs’ opposition to Defendants’ motion to
dismiss each may include up to 40 pages;
(e) Defendants’ reply in support of a motion to dismiss may include up to 15 pages;
(f) Defendants’ motion to dismiss will be heard on April 23, 2014 at 2:00 p.m.
(g) The last day for the parties to meet and confer regarding initial disclosures, early

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settlement, ADR process, and discovery plan; file ADR Certification signed by Parties and

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Counsel; and file either Stipulation to ADR Process or Notice of Need for ADR Phone

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Conference is continued from January 10, 2014, to April 9, 2014;
(h) The last day for the parties to file the Rule 26(f) Report, complete their initial

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disclosures or objections thereto, and file the Case Management Statement is continued from
January 24, 2014, to April 16, 2014; and

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C ROWELL
& M ORING LLP

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ATTO RNEY S AT LAW

Error! Unknown document property name.

STIP. RE: SCHEDULE, PG. LIMITS FOR MOT. TO
DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO

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(i) The Case Management Conference shall be continued from January 28, 2014 to April
23, 2014 at 2:00 p.m.

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Dated: December 19, 2013_
_____________________

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_____________________________________
Hon. William H. Orrick
United States District Judge

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C ROWELL
& M ORING LLP

-7-

ATTO RNEY S AT LAW

Error! Unknown document property name.

STIP. RE: SCHEDULE, PG. LIMITS FOR MOT. TO
DISMISS, AND CASE MGMT. CONF.;
Case No. 3:13-CV-01180-WHO