Whalen v. Ford Motor Company

Filing 388

ORDER DENYING STIPULATION TO EXTEND TRIAL AND TRIAL RELATED DEADLINES. Status Report due by 3/2/2018. Status Conference reset for 3/9/2018 at 10:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 2/27/18. (bpf, COURT STAFF) (Filed on 2/27/2018)

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RANDALL W. EDWARDS (S.B. #179053)
[e-mail]
E. CLAY MARQUEZ (S.B. #268424)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]

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BRIAN C. ANDERSON (S.B. #126539)
[e-mail]
SCOTT M. HAMMACK (pro hac vice)
[e-mail]
O’MELVENY & MYERS LLP
1625 Eye Street, NW
Washington, D.C. 20006-4001
Tеlephone: [phone]
Facsimile:
[phone]

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WARREN E. PLATT (S.B. #154086)
[e-mail]
SNELL & WILMER LLP
Plaza Tower
600 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Telephone:
[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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In re:

Case No. CV 13-3072-EMC

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MYFORD TOUCH CONSUMER LITIGATION

JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
TRIAL DATE AND RELATED
PRETRIAL DEADLINES (Denied)

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Pursuant to Local Rules 6-1(b) and 6-2, Defendant Ford Motor Company and Plaintiffs

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stipulate to extend the trial date and related pretrial deadlines in this matter for the reasons

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explained below, and they jointly request that the Court approve this stipulation and re-set the

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dates accordingly. In support of this Stipulation, the Parties state as follows:

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WHEREAS, on September 18, 2017, the Court entered a Case Management and Pretrial

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Order for Jury Trial setting an estimated four-week trial to begin on May 11, 2018, with other

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pretrial deadlines in March and April 2018 (Dkt. No. 337);

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WHEREAS, on January 30, 2018, the parties submitted a Joint Case Management
Conference Statement and Trial Plan Preview (Dkt. No. 371);
WHEREAS, on February 7, 2018, the Court held a Case Management Conference in
conjunction with the argument on the motion for summary judgment. At that conference, the
JOINT STIP. AND [PROPOSED] ORDER TO
EXTEND TRIAL DATES
NO. CV 13-3072-EMC

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Court directed Plaintiffs to submit a more specific trial plan by February 20, 2018, Defendant to

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respond by March 1, 2018, and the Parties together to submit an updated joint status report by

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March 8, 2018 (Dkt. No. 379);

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WHEREAS, the Court set a status conference for March 15, 2018 (Dkt. No. 379);

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WHEREAS, at the Case Management Conference, the Court and Parties discussed some

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pre-trial issues, including disputes about the scope and structure of the class trial. At the

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conference, the Court and Parties also discussed dates of unavailability of lead counsel for both

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Parties if the trial date were to move. Specifically, it was discussed that due to prior

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commitments out of the country, trial counsel were unavailable from mid-June through late July;

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WHEREAS, the Parties have continued to meet and confer regarding a potential trial plan

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and other pretrial deadlines, but given the size and complexity of the overall case, and the number

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and type of remaining certified classes, claims, and issues, they continue to disagree about an

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appropriate trial structure;

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WHEREAS, to promote efficient litigation, conserve resources, and have a fair

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opportunity to adequately prepare this case for trial, the Parties agree that it is important to

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receive direction from the Court about the trial structure before the Parties must file certain

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pretrial motions or documents and exchange witness and exhibit lists, since those documents may

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change based on the Court’s decisions on the trial structure;

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WHEREAS, Ford intends to file a pre-trial decertification motion targeting three of the
remaining certified claims, which Plaintiffs expect to oppose;
WHEREAS, the Parties would like time to prepare revisions to potential pretrial motions

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and other documents after the Court provides direction about the appropriate trial structure and

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the decertification motion;

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WHEREAS, the Parties have agreed that it would be more efficient and equitable to have

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a modest extension of the trial date until August 3, 2018 to facilitate this careful preparation and

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accommodate counsels’ pre-existing unavailability, and they will be prepared to discuss the trial

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schedule at the March 15 status conference.

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NOW, THEREFORE, the Parties hereby stipulate and agree, subject to Court approval,
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JOINT STIP. AND [PROPOSED] ORDER TO
EXTEND TRIAL DATES
NO. CV 13-3072-EMC

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that the trial and pretrial deadlines are extended as follows:

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Event
Last day for parties to Meet-and-Confer
regarding pretrial deadlines
Exchange of Motions in Limine
Exchange of Oppositions to Motions in
Limine
Joint Pretrial Conference Statement;
Pretrial Statement to Jury, Jury
Instructions, Verdict Form, Marked
Exhibits, Trial Brief, and Trial Plan
Final Pretrial Conference
Trial Begins

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Current Date
March 13, 2018

Proposed New Date
May 4, 2018

March 23, 2018
March 30, 2018

May 24, 2018
May 31, 2018

April 3, 2018

June 7, 2018

April 24, 2018
May 11, 2018
(A 4-week trial would
end June 8, 2018)

June 28, 2018
August 3, 2018
(A 4-week trial would
end August 31, 2018)

IT IS SO STIPULATED.

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JOINT STIP. AND [PROPOSED] ORDER TO
EXTEND TRIAL DATES
NO. CV 13-3072-EMC

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Dated: February 23, 2018

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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Dated: February 23, 2018

By: /s/ Steve W. Berman (with consent)
Steve W. Berman

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Steve W. Berman
Craig Spiegel
Tyler Weaver
Catherine Y.N. Gannon
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 8th Avenue, Suite 3300
Seattle, Washington 98101
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Adam J. Levitt
John E. Tangren
DICELLO LEVITT & CASEY LLC
10 North Dearborn Street, Eleventh Floor
Chicago, Illinois 60602
Tel: [phone]
[e-mail]
[e-mail]

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Roland Tellis
Mark Pifko
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, California 91436
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Nicholas E. Chimicles
Benjamin F. Johns
CHIMICLES & TIKELLIS LLP
One Haverford Centre
361 West Lancaster Avenue
Haverford, Pennsylvania 19041
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Class Counsel STIP. AND [PROPOSED] ORDER TO
JOINT
EXTEND TRIAL DATES
NO. CV 13-3072-EMC

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ATTESTATION OF FILING

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Pursuant to Local Rule 5.1(i)(3) regarding signatures, I, Randall W. Edwards, hereby

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attest that concurrence in the filing of this Stipulation and Joint Request to Extend Trial Date and

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Related Pretrial Deadlines has been obtained from Steve Berman with conformed signatures

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above.

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Dated: February 23, 2018

By: /s/ Randall W. Edwards
Randall W. Edwards
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]

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ORDER

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advanced from 3/15/18 to Friday 3/9/18 at 10:00 a.m. A updated joint
Status report shall be filed by 3/2/18.
S DISTRICT
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DATED: February __ , 2018
C
TA
The Honorable Edward M. Chen
United States District Judge

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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED. Status conference is

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JOINT STIP. AND [PROPOSED] ORDER TO
EXTEND TRIAL DATES
NO. CV 13-3072-EMC