Gitson et al v. Trader Joe's Company

Filing 61

STIPULATED REQUEST FOR ORDER AMENDING CASE MANAGEMENT ORDER re 58 STIPULATION WITH PROPOSED ORDER. Case Management Statement due by 8/26/2014. Case Management Conference set for 9/2/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Dis covery cutoff: 10/10/2014. Dispositive motions to be heard by 12/17/2014. Pretrial Conference set for 3/2/2015 02:00 PM and Jury Trial set for 3/23/2015 08:30 AM, both in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 01/06/2014. (jmdS, COURT STAFF) (Filed on 1/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AMY GITSON, et al.,

Case No. 13-cv-01333-WHO

Plaintiffs,
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v.
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TRADER JOE'S COMPANY,

STIPULATED REQUEST FOR ORDER
AMENDING CASE MANAGEMENT
ORDER

Defendant.

United States District Court
Northern District of California

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The parties to the above-entitled action jointly submit this Stipulated Request for Order

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Amending the current Case Management Order:

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WHEREAS this putative class action was filed on March 25, 2013;

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WHEREAS Defendant’s motion to dismiss Plaintiffs’ Corrected Second Amended

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Complaint is fully briefed and set for hearing before this court on January 8, 2014;
WHEREAS the case management order entered by Judge Alsup (prior to this case being

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transferred to this Court) on June 21, 2013 contains a number of deadlines which the parties seek

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to change;
IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that

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pursuant to Local Rule 6-1(b), to the following amendments to the deadlines contained in the June

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21, 2013 Case Management Order, subject to this Court’s approval:

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

The motion for class certification must be filed by JANUARY 9 MAY 9, 2014, with
Trader Joe’s to file its Opposition no later than JANUARY 30 MAY 30, 2014, with
Plaintiffs’ to file their Reply no later than FEBRUARY 13 JUNE 13, 2014, and with the
motion set to be heard no later than FEBRUARY 27 JUNE 27, 2014. 28 CALENDAR
DAYS before any expert declaration is filed in support of either party’s class certification
briefing, the party intending to file the expert declaration shall serve a list of issues on
which it will offer expert testimony. This is so all parties will timely be able to obtain
counter-experts on listed issues.

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

The non-expert discovery cut-off date shall be JUNE 27 OCTOBER 24, 2014.



The last date for designation of expert testimony and disclosure of full expert reports under
FRCP 26(a)(2) as to any issue on which a party has the burden of proof (“opening
reports”) shall be JUNE 27 OCTOBER 24, 2014. Within FOURTEEN CALENDAR
DAYS of said deadline, all other parties must disclose any expert reports on the same issue
(“opposition reports”). Within SEVEN CALENDAR DAYS thereafter, the party with the
burden of proof must disclose any reply reports rebutting specific material in opposition
reports. The cutoff for all expert discovery shall be FOURTEEN CALENDAR DAYS
after the deadline for reply reports. At least 28 CALENDAR DAYS before the due date
for opening reports, each party shall serve a list of issues on which it will offer any expert
testimony in its case-in-chief (including from non-retained experts).



The last date to file dispositive motions shall be JULY 24 NOVEMBER 21, 2014. No
dispositive motions shall be heard more than 35 days after this deadline, i.e., if any party
waits until the last day to file, then the parties must adhere to the 35-day track in order to
avoid pressure on the trial date.



The FINAL PRETRIAL CONFERENCE shall be at 2:00 P.M. on SEPTEMBER 17,
2014 JANUARY 14, 2015.

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A JURY TRIAL shall begin on SEPTEMBER 22, 2014 JANUARY 19, 2015, at 7:30
A.M.

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United States District Court
Northern District of California

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Dated: December 23, 2013

/s/ Colin H. Dunn
Counsel for Plaintiffs Gitson, Vodicka, &
Ross

Dated: December 23, 2013

/s/ Kate Ides
Counsel for Defendant Trader Joe’s
Company

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ORDER

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In light of the foregoing Stipulated Request, the Court approves the changed dates with

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respect to the motion for class certification set forth above. The other deadlines shall be adjusted

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as follows:

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Non-expert discovery cut-off: October 10, 2014

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Expert designation: October 10, 2014 (the timeframes for opposition reports, reply

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reports, discovery cutoff and list of issues remain as indicated in the Stipulated Request).
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Last day for hearing of dispositive motions: December 17, 2014

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Pretrial Conference: March 2, 2015

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Trial: March 23, 2015.

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Additionally, a further Case Management Conference shall be held in Courtroom 2 on

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September 2, 2014.
IT IS SO ORDERED.

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Dated: January 6, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

United States District Court
Northern District of California

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