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)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
BRIAN C. ANDERSON (S.B. #126539)
[e-mail]
SCOTT M. HAMMACK (pro hac vice)
[e-mail]
DAVID R. DOREY (S.B. #286843)
[e-mail]
O’MELVENY & MYERS LLP
1625 Eye Street, NW
Washington, D.C. 20006-4001
Tеlephone: [phone]
Facsimile: [phone]
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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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: [phone]
Fax: [phone]
[e-mail]
Adam J. Levitt
GRANT & EISENHOFER P.A.
30 North LaSalle Street, Suite 1200
Chicago, Illinois 60602
Tel: [phone]
Fax: [phone]
[e-mail]
Roland Tellis (186269)
Mark Pifko (228412)
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, California 91436
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
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: [phone]
Fax: [phone]
[e-mail]
[e-mail]
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

UNIT
ED

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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
& CLASS CERTIFICATION DEADLINES