Ambrosia et al v. Cogent Communications, Inc.

Filing 149

STIPULATION AND ORDER RE 148 to (1) Extend Deadlines for Expert and Non-Expert Discovery and for Filing Dispositive Motions, and (2) Continue Case Management Conference. Case Management Statement due by 2/16/2017. Further Case Management Conference set for 2/23/2017 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/20/16. (cl, COURT STAFF) (Filed on 9/20/2016)

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HAYNES AND BOONE, LLP
Tamara I. Devitt/Bar No. 209683
[e-mail]
Mary-Christine Sungaila/Bar No. 156795
[e-mail]
Kimberly A. Chase/Bar No. 253311
[e-mail]
Matthew E. Costello/Bar No. 295062
[e-mail]
600 Anton Boulevard, Suite 700
Costa Mesa, California 92626
T: [phone] | F: [phone]
HAYNES AND BOONE, LLP
Meghaan C. Madriz (pro hac vice)
[e-mail]
1221 McKinney Street, Suite 2100
Houston, Texas 77010
T: [phone] | F: [phone]

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Attorneys for Defendant
COGENT COMMUNICATIONS, INC.

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(Additional Counsel on Following Page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOAN AMBROSIO et al., on behalf of
themselves and those similarly situated,

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Plaintiffs,
vs.
COGENT COMMUNICATIONS, INC.,

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Defendant.
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Case No. 3:14-cv-02182-RS
Assigned to:
U.S. District Judge Richard Seeborg
STIPULATION TO: (1) EXTEND
DEADLINES FOR EXPERT AND NONEXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS,
AND (2) CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Complaint filed:
Trail date:

May 12, 2014
May 22, 2017

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Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
Thomas E. Duckworth/Bar No. 152369
[e-mail]
Monique Olivier/Bar No. 190385
[e-mail]
100 Bush Street, Suite 1800
San Francisco, California 94104
T: [phone] | F: [phone]
SHELLIST | LAZARZ | SLOBIN LLP
Todd Slobin (pro hac vice)
[e-mail]
11 Greenway Plaza, Suite 1515
Houston, Texas 77046
T: [phone] | F: [phone]
Attorneys for Plaintiffs
JOAN AMBROSIO, ET AL.

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Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE

STIPULATION

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Plaintiffs Joan Ambrosio, et al. (“Plaintiffs”) and Defendant Cogent Communications,

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Inc. (“Defendant”) (collectively, the “Parties”), by and through their counsel of record, hereby

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stipulate as follows:

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WHEREAS, on March 17, 2016, the Court issued a Further Case Management

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Scheduling Order setting forth the following deadlines: (i) deadline to designate experts:

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September 30, 2016; (ii) deadline to designate supplemental/rebuttal experts: October 28, 2016;

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(iii) deadline to file further case management statement: December 1, 2016; (iv) deadline to

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complete expert and non-expert discovery: December 2, 2016; (v) further case management

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conference: December 8, 2016; and (vi) deadline to file dispositive pretrial motions: March 2,

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2017. (ECF No. 110.)

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WHEREAS, on March 25, 2016, Defendant filed a Motion to Compel Arbitration,
Dismiss Claims, and Amend Class Definition (“Motion to Compel Arbitration”). (ECF No. 112.)

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WHEREAS, on March 28, 2016, the Court issued a Further Case Management

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Scheduling Order governing the scope of post-certification discovery that, among other

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limitations, provided that Defendant is entitled to depose twelve (12) percent of the class and

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propound interrogatories on twenty (20) class members. (ECF No. 115.)

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WHEREAS, the hearing on Defendant’s Motion to Compel Arbitration was held on
May 12, 2016. (ECF No. 124.)

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WHEREAS, on May 27, 2016, the Court ordered the parties to submit supplemental

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briefing on the rationale and application of Lewis v. Epic Systems Corp., No. 15-2997, 2016 U.S.

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App. LEXIS 9638 (7th Cir. May 26, 2016), to Defendant’s Motion to Compel Arbitration.

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(ECF No. 127.)

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WHEREAS, on August 5, 2016, the Court issued an order denying Defendant’s Motion
to Compel Arbitration. (ECF No. 139.)
WHEREAS, the Parties have scheduled a private mediation conference for December 12,
2016 to attempt to resolve this matter short of trial.

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Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE

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WHEREAS, (i) given the timing of the Court’s order denying Defendant’s Motion to

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Compel Arbitration in relation to the current discovery deadlines, and (ii) to conserve party and

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judicial resources prior to the December 2016 mediation session, the Parties agree that there is

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good cause for a reasonable continuance of the foregoing deadlines.

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NOW, THEREFORE, the Parties, by and through their counsel of record, hereby

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stipulate, subject to approval of the Court, to the following revised discovery and law and

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motion schedule. The pre-trial and trial dates remain unchanged:

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December 30, 2016

Deadline to designate experts

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January 30, 2017

Deadline to designate supplemental/rebuttal experts

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February 15, 2017

Deadline to complete expert and non-expert discovery

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February 16, 2017

Deadline to file joint case management statement

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February 23, 2017, 10:00 a.m.

Further case management conference

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March 30, 2017

Deadline to hear dispositive pretrial motions

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May 4, 2017

Pre-trial conference (unchanged)

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May 22, 2017

Trial (unchanged)

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IT IS SO STIPULATED.
Respectfully submitted,

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Date: September 19, 2016

HAYNES AND BOONE, LLP
By:

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/s/ Matthew E. Costello
Matthew E. Costello
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.
*I, Matthew E. Costello, attest that Monique Olivier
has concurred in the filing of this document.
(Civil L.R. 5-1(i).)

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Date: September 19, 2016

DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
By:

/s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs
JOAN AMBROSIO, ET AL.
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Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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PURSUANT TO STIPULATION:

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The Court’s Further Case Management Scheduling Order, dated March 17, 2016 (ECF

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No. 110) (“Scheduling Order”) shall be amended as follows:

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December 30, 2016

Deadline to designate experts

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January 30, 2017

Deadline to designate supplemental/rebuttal experts

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February 15, 2017

Deadline to complete expert and non-expert discovery

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February 16, 2017

Deadline to file joint case management statement

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February 23, 2017, 10:00 a.m.

Further case management conference

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March 30, 2017

Deadline to hear dispositive pretrial motions

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May 4, 2017

Pre-trial conference (unchanged)

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May 22, 2017

Trial (unchanged)

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IT IS SO ORDERED.

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Date: ________________________
9/20/16
__________________________________
Judge Richard Seeborg
United States District Court

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[PROPOSED] ORDER

Case No. 3:14-cv-02182-RS