Whalen v. Ford Motor Company
Filing
186
STIPULATION AND ORDER re #185 STIPULATION WITH PROPOSED ORDER Regarding Modifications to Case Management Conference Date, and Discovery and Class Certification Deadlines filed by Ford Motor Company Class Certification Motion Hearing sreet for 5/26/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen.. Signed by Judge Edward M. Chen on 11/25/15. (bpf, COURT STAFF) (Filed on 11/25/2015)
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RANDALL W. EDWARDS (S.B. #179053)
redwards@omm.com
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
(415) 984-8700
Facsimile:
(415) 984-8701
BRIAN C. ANDERSON (S.B. #126539)
banderson@omm.com
SCOTT M. HAMMACK (pro hac vice)
shammack@omm.com
DAVID R. DOREY (S.B. #286843)
ddorey@omm.com
O’MELVENY & MYERS LLP
1625 Eye Street, NW
Washington, D.C. 20006-4001
Tеlephone: (202) 383-5300
Facsimile: (202) 383-5414
Attorneys for Defendant
FORD MOTOR 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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In re:
Case No. 3:13-CV-3072-EMC
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MYFORD TOUCH CONSUMER
LITIGATION
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STIPULATION AND [PROPOSED] ORDER
REGARDING MODIFICATIONS TO CASE
MANAGEMENT CONFERENCE DATE,
AND DISCOVERY AND CLASS
CERTIFICATION DEADLINES
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[N.D. CAL. L.R. 7-11]
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Judge:
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Hon. Edward M. Chen
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STIPULATION REGARDING CMC, DISCOVERY &
CLASS CERTIFICATION DEADLINES
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WHEREAS, the current fact discovery deadline in this matter is December 9, 2015;
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WHEREAS, the amount of fact discovery exchanged in the litigation has been particularly
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voluminous, both in terms of documents and depositions;
WHEREAS, Ford and Plaintiffs have been working together cooperatively to complete
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the fact discovery process in this litigation, and Ford and Plaintiffs have resolved nearly all
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discovery issues without need for this Court’s intervention;
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WHEREAS, Plaintiffs have requested additional Rule 30(b)(6) testimony from Ford on
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certain pricing and related issues, and the parties have agreed that Dennis Curlew, Ford’s
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designee, will be produced for deposition on December 15, 2015;
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WHEREAS, Plaintiffs have requested the deposition of Graydon Reitz, who resides in
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Australia, and Ford has agreed to make Mr. Reitz available for deposition on January 21, 2016,
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during his next earliest trip to the United States;
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WHEREAS Ford requires additional time to complete the voluminous privilege review
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and production of its final privilege log (along with any responsive documents ultimately
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determined not to be privileged in the final privilege review);
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WHEREAS, Ford and Plaintiffs require very modest extensions of various existing
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deadlines set in this case to complete the additional discovery listed above and to accommodate
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related expert reports and filings consistent with those dates;
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WHEREAS, none of the various deadline extensions stipulated by Ford and Plaintiffs will
require any change to the dates set for trial of the matter;
WHEREAS, Lead Counsel for Ford has a conflict with the date of the next Case
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Management Conference, scheduled for December 17, because a summary judgment argument in
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another court has been scheduled for the same day;
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WHEREAS, Counsel for Ford obtained from the Court’s Scheduling Clerk potential
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alternative dates for a Case Management Conference, subject to Court approval, and has
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discussed those dates with Plaintiffs’ counsel;
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WHEREAS, execution of this Stipulation is not a waiver of any claims or defenses
Plaintiffs or Ford otherwise may have;
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STIPULATION REGARDING CMC, DISCOVERY
& CLASS CERTIFICATION DEADLINES
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WHEREAS, the parties reserve the right to seek further modification of the above dates
should the depositions of Messrs. Curlew and Reitz require so; and
WHEREAS, Local Rule 7-11 permits a party to seek miscellaneous administrative relief
pursuant to a stipulation by the parties;
THEREFORE, IT IS HEREBY STIPULATED by Plaintiffs and Ford, through their
counsel of record, subject to the approval of the Court, as follows:
1.
The fact discovery deadline in this matter is extended from December 9, 2015 to
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January 21, 2016 solely for the purpose of allowing Plaintiffs to complete the
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depositions of Ford’s 30(b)(6) designee Dennis Curlew and Graydon Reitz and for
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Ford to complete and produce any outstanding portions of Ford’s privilege log;
2.
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The December 9, 2015 fact discovery deadline remains in place for all other fact
discovery matters;
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Plaintiffs’ deadline for producing the disclosure and report of their economic
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expert witness(es) with respect to class certification is moved to January 7, 2016,
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but Plaintiffs’ other class certification expert disclosures (i.e. non-economic expert
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witnesses) and reports remain due on November 28, 2015;
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4.
The next Case Management Conference in this matter is continued to January 28,
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2016 from December 17, 2015. The deadline to file an updated joint status report
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is extended to January 21, 2016 from December 10, 2015.
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5.
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Plaintiffs’ deadline for filing their motion for class certification is extended to
January 28, 2016 from January 14, 2016;
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Ford’s deadline for responding to Plaintiffs’ class certification motion and for
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producing class certification expert disclosures and reports is extended to March
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15, 2016 from March 3, 2016;
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7.
Plaintiffs’ deadline to submit a reply brief in support of their motion for class
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certification and their rebuttal expert disclosures and reports is extended to May 2,
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2016 from April 21, 2016; and
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8.
May 26,
The hearing on Plaintiffs’ motion for class certification is extended to May 19,
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STIPULATION REGARDING CMC, DISCOVERY
& CLASS CERTIFICATION DEADLINES
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2016 from May 12, 2016.
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Dated: November 24, 2015
O’MELVENY & MYERS LLP
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By:
/s/ Randall W. Edwards
Randall W. Edwards
Attorneys for Defendant Ford Motor Company
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STIPULATION REGARDING CMC, DISCOVERY
& CLASS CERTIFICATION DEADLINES
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Dated: November 24, 2015
BARON & BUDD, P.C.
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By:
/s/ Mark Pifko
Mark Pifko
Steve W. Berman
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 8th Avenue, Suite 3300
Seattle, Washington 98101
Tel: (206) 623-7292
Fax: (206) 623-0594
steve@hbsslaw.com
Adam J. Levitt
GRANT & EISENHOFER P.A.
30 North LaSalle Street, Suite 1200
Chicago, Illinois 60602
Tel: (312) 214-0000
Fax: (312) 214-0001
alevitt@gelaw.com
Roland Tellis (186269)
Mark Pifko (228412)
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, California 91436
Tel: (818) 839-2320
Fax: (818) 986-9698
rtellis@baronbudd.com
mpifko@baronbudd.com
Joseph G. Sauder (pro hac vice)
Matthew D. Schelkopf (pro hac vice)
CHIMICLES & TIKELLIS LLP
One Haverford Centre
361 West Lancaster Avenue
Haverford, Pennsylvania 19041
Tel: (610) 642-8500
Fax: (610) 649-3633
JGS@chimicles.com
MDS@chimicles.com
Plaintiffs’ Interim Co-Lead Counsel
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STIPULATION REGARDING CMC, DISCOVERY
& CLASS CERTIFICATION DEADLINES
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FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I hereby attest that the other signatory listed, on whose
behalf the filing is submitted, concurs in the filing’s content and has authorized the filing.
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Dated: November 24, 2015
Randall W. Edwards
O’MELVENY & MYERS LLP
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By:
/s/ Randall W. Edwards
Randall W. Edwards
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Attorney for Defendant Ford Motor Company
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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ERED
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The Honorable Edward M. Chen
United States District Judge
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DATED: November __, 2015
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(Modified on p. 2)
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ORDER
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STIPULATION REGARDING CMC, DISCOVERY
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