Gallagher et al v. Bayer AG et al

Filing 133

ORDER FOR FURTHER EXTENSION OF CASE DEADLINES granting 132 STIPULATION. Reset Deadlines as to 129 MOTION to Certify Class: response due by 3/24/2017, reply due by 5/10/2017, and motion hearing set for 5/31/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick.Signed by Judge William H. Orrick on 02/02/2017. (jmdS, COURT STAFF) (Filed on 2/2/2017)

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Jonathan F. Cohn (pro hac vice)
[e-mail]
Benjamin M. Mundel (pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
1501 K Street, N.W.
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]
Ryan M. Sandrock (SBN 251781)
[e-mail]
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Bayer AG, Bayer Corporation, and Bayer
HealthCare LLC

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COLLEEN GALLAGHER, ILANA FARAR,
ANDREA LOPEZ, JOANN CORDARO, and
ROSANNE COSGROVE, on behalf of
themselves and all others similarly situated,
Plaintiffs,

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KAPLAN FOX & KILSHEIMER LLP
Robert N. Kaplan (pro hac vice)
[e-mail]
850 Third Avenue, 14th Floor
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
STANLEY LAW GROUP
Stephen Henry Gardner (pro hac vice)
[e-mail]
Amanda Howell (pro hac vice)
[e-mail]
6116 N. Central Expressway, Suite 1500
Dallas, Texas 75206
Telephone: [phone]
Facsimile: [phone]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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Laurence D. King (SBN 206423)
[e-mail]
Linda M. Fong (SBN 124232)
[e-mail]
350 Sansome Street, Suite 400
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

Case No. 14-cv-04601-WHO
STIPULATION AND ORDER FOR
FURTHER EXTENSION OF CASE
DEADLINES

v.
BAYER AG, BAYER CORPORATION, and
BAYER HEALTHCARE LLC,
Defendants.

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STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES—14-CV-04601-WHO

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Pursuant to Civil Local Rule 6-2, the parties stipulate to and jointly request a brief extension
of case deadlines.
Procedural History and Prior Extensions. An initial case management scheduling order

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was entered on October 16, 2014. Dkt. 5. By stipulation, the Court entered an amended case

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management scheduling order on December 22, 2014. Dkt. 38. Following an in person meet and

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confer, on December 11, 2015 the Court entered a revised briefing and discovery schedule. Dkt. 92.

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On June 7, 2016, Counsel for Plaintiffs Ilana Farar, Andrea Lopez, and Rosanne Cosgrove

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(“Plaintiffs”) and Counsel for Defendants Bayer AG, Bayer Corporation, and Bayer HealthCare LLC

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(collectively, “Bayer”) appeared before the Court telephonically to resolve a discovery dispute

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concerning the scope of Plaintiffs’ Third Requests for Production. Dkt. 115. As part of its ruling,

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the Court extended the close of fact discovery from May 9, 2016 until July 9, 2016. Id.

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On July 8, 2016 the parties filed a stipulation and proposed order on discovery and

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scheduling. Dkt. 119. Pursuant to the stipulation, the Court extended the discovery schedule which

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included extending the close of fact discovery from July 9, 2016 to September 9, 2016. Dkt. 120.

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On September 6, 2016, Bayer filed a motion for extension of case deadlines to complete

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discovery which Plaintiffs did not oppose. Dkt. 124. The Court granted the motion and extended all

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case deadlines by 60 days.

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Scheduling of Expert Deposition. Bayer is seeking to depose Plaintiffs’ expert witness Dr.

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Blonz. Bayer proposed February 16, 2017 as the date for the deposition; however, Plaintiffs

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informed Bayer that Dr. Blonz was unavailable on February 16 but was available March 6, 7, 8, or 9.

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Bayer agreed to schedule the deposition for March 8. Currently, the date for Bayer’s response to

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Plaintiffs’ class certification motion is March 13, 2017. A brief extension of deadlines is requested

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to provide Bayer with adequate time to prepare its response brief.

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Requested Extension. The parties respectfully request that the Court extend the following
case deadlines as follows:

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(1)

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES—14-CV-04601-WHO

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Deadline

Current Date

Requested Date

Class Certification Response

March 13, 2017

March 24, 2017

Class Certification Reply

April 27, 2017

May 10, 2017

Class Certification Hearing

May 17, 2017

May 30, 2017

This request does not impact any other deadlines in the case.

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(2)

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES—14-CV-04601-WHO

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Dated: February 1, 2017

Dated: February 1, 2017

STANLEY LAW GROUP

SIDLEY AUSTIN LLP

By: /s/ StephenGardner

By: /s/ Jonathan F. Cohn

Laurence D. King (SBN 206423)
[e-mail]
Linda M. Fong (SBN 124232)
[e-mail]
350 Sansome Street, Suite 400
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

Jonathan F. Cohn (admitted pro hac vice)
[e-mail]
Benjamin M. Mundel (admitted pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
1501 K Street, N.W.
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]

KAPLAN FOX & KILSHEIMER LLP
Robert N. Kaplan (admitted pro hac vice)
[e-mail]
850 Third Avenue, 14th Floor
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]

Ryan Sandrock (SBN 251781)
[e-mail]
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

-andSTANLEY LAW GROUP
Stephen Henry Gardner (admitted pro hac vice)
[e-mail]
Amanda Howell (admitted pro hac vice)
[e-mail]
6116 N. Central Expressway, Suite 1500
Dallas, Texas 75206
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants Bayer AG, Bayer
Corporation, and Bayer HealthCare LLC

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(3)

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES—14-CV-04601-WHO

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SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing

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Stipulation and Proposed Order for Further Extension of Case Deadlines. In compliance with Civil

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Local Rule 5-1(i)(3), I hereby attest that the signatory has concurred in this filing.

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Dated: February 1, 2017

SIDLEY AUSTIN LLP

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By:

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/s/ Jonathan F. Cohn
Jonathan F. Cohn

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(4)

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES—14-CV-04601-WHO

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PURSUANT TO STIPULATION, IT IS ORDERED:

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

The class certification response deadline is extended from March 13, 2017 to March 24,
2017.



The class certification reply deadline is extended from April 27, 2017 to May 10, 2017.



The class certification hearing is continued from May 17, 2017 to May 31, 2017.

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Dated: February 2, 2017

___________________________
The Honorable William H. Orrick
United States District Judge

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(5)

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES—14-CV-04601-WHO