Gallagher et al v. Bayer AG et al

Filing 139

ORDER FOR FURTHER EXTENSION OF CASE DEADLINES re 138 STIPULATION - Reset Deadlines as to 136 MOTION for Summary Judgment and 129 MOTION to Certify Class. Response to Motion for summary judgment due by 7/7/2017. Reply to Motion to Certify C lass due 7/7/2017. Reply to Motion for Summary Judgment due by 8/7/2017. Motion Hearing set for 8/23/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 04/10/2017. (jmdS, COURT STAFF) (Filed on 4/10/2017)

1

KAPLAN FOX & KILSHEIMER LLP
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]

SIDLEY AUSTIN LLP
Jonathan F. Cohn (pro hac vice)
[e-mail]
Benjamin M. Mundel (pro hac vice)
[e-mail]
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]

SIDLEY AUSTIN LLP
Ryan M. Sandrock (SBN 251781)
[e-mail]
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Bayer AG, Bayer
Corporation, and Bayer HealthCare LLC

14

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

15

Interim Class Counsel

2
3
4
5
6
7
8
9
10
11
12
13

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

18
19
20
21

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

22
23
24
25
26

Plaintiffs,

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.

27
28
Case No. 14-cv-04601-WHO

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES

1
2
3

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

4

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

5

amended case management scheduling order on December 22, 2014. Dkt. 38. Following

6

an in person meet and confer, on December 11, 2015 the Court entered a revised briefing

7

and discovery schedule. Dkt. 92.

8

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

9

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

10

Bayer HealthCare LLC (collectively, “Bayer”) appeared before the Court telephonically

11

to resolve a discovery dispute concerning the scope of Plaintiffs’ Third Requests for

12

Production. Dkt. 115. As part of its ruling, the Court extended the close of fact discovery

13

from May 9, 2016 until July 9, 2016. Id.

14

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

15

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

16

schedule which included extending the close of fact discovery from July 9, 2016 to

17

September 9, 2016. Dkt. 120.

18

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

19

complete discovery which Plaintiffs did not oppose. Dkt. 124. The Court granted the

20

motion and extended all case deadlines by 60 days.

21

On April 3, 2017, the Court reset deadlines as to the Motion for Summary

22

Judgment Hearing for May 31, 2017 to fall on the law and motion calendar and coincide

23

with the hearing on the Motion for Class Certification.

24

On February 1, 2017, the parties filed a joint stipulation for further extension of

25

case deadlines (Dkt. 132). The purpose of the extension was to permit Bayer to depose

26

Plaintiffs’ expert witness Dr. Blonz on March 8, who was unavailable before then. The

27

date for Bayer’s response to Plaintiffs’ class certification motion was March 13, 2017, and

28

the parties sought an extension of deadlines to provide Bayer with the opportunity to
-1-

Case No. 14-cv-04601-WHO

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES

1

depose Dr. Blonz and with adequate time to prepare its response brief. The Court

2

granted the parties’ joint request and moved the Class Certification Response from

3

March 13, to March 24, 2017, Class Certification Reply from April 27 to May 10, 2017 and

4

the Class Certification Hearing from May 17, to May 30, 2017.

5

Scheduling of Expert Depositions. On March 24, 2017, Bayer filed its opposition

6

to class certification (Dkt. 135) and a motion for summary judgment (“MSJ”) which it set

7

for May 30, 2017 (Dkt. 136). Bayer’s filings contained two expert reports, one from

8

Dr. Jeffrey Blumberg (Dkt. 135-3), and the other from Dr. Ran Kivetz (Dkt. 135-4).

9
10

The parties agreed that Plaintiffs may depose Dr. Blumberg on April 14 in Boston
and depose Dr. Kivetz on May 12 in New York.

11

Currently, the date for Plaintiffs’ response to the summary judgment motion is

12

due April 7, 2017 [pursuant to Local Rule 7.3(a)] and their reply in support of class

13

certification is May 10, 2017.

14

The Parties have agreed to a short extension of deadlines to allow to Plaintiffs

15

adequate time to depose Bayer’s experts and prepare their class certification reply brief

16

and brief in opposition to summary judgment.1

17
18

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

19

Current date

Requested date

Summary Judgment Opposition

April 7, 2017

July 7, 2017

22

Class Certification Reply

May 10, 2017

July 7, 2017

23

Summary Judgment Reply

April 14, 2017

August 7, 2017

Hearing on both motions

May 31, 2017

August 23 or later

20
21

24
25
26
27
28

1

Plaintiffs have suggested that they might disclose additional experts. Bayer does not
consent or agree to a belated disclosure of an expert and it reserves its rights to oppose
any expert retained by Plaintiffs in connection with their MSJ opposition and class
certification Reply.
-2-

Case No. 14-cv-04601-WHO

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES

1

The only effect on the schedule of the case (aside from briefing deadlines) would

2

be to move the hearing on class certification and summary judgment from May 31, 2017

3

to August 23, 2017.

4

DATED: April 7, 2017

5

KAPLAN FOX & KILSHEIMER LLP

SIDLEY AUSTIN LLP

6

By: /s/ Laurence D. King
Laurence D. King

By: /s/ Jonathan F. Cohn
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 (pro hac vice)
[e-mail]
Benjamin M. Mundel (pro hac vice)
[e-mail]
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]

SIDLEY AUSTIN LLP
Ryan M. Sandrock (SBN 251781)
[e-mail]
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Bayer AG, Bayer
Corporation, and Bayer HealthCare LLC

20

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

21

Interim Class Counsel

7
8
9
10
11
12
13
14
15
16
17
18
19

22
SIGNATURE ATTESTATION

23
24
25
26
27

The foregoing Stipulation and Proposed Order complies with Civil Local Rule 51(i)(3), I hereby attest that Mr. Cohn has concurred in this filing.
Dated: April 7, 2017
_____/s/ Laurence D. King ____
Laurence D. King

28
-3-

Case No. 14-cv-04601-WHO

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES

1
2

PURSUANT TO STIPULATION, IT IS ORDERED:
•

The Summary Judgment Opposition deadline is extended from April 7,

3
4

2017 to July 7, 2017.
•

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

5

July 7, 2017.


6
7
8
9

The Summary Judgment Reply deadline is extended from April 14, 2017 to
August 7, 2017.

•

The class certification and summary judgment hearing is continued from
May 31, 2017 to August 23, 2017 at 2:00 pm.

10
11
12

Dated: April 10, 2017

________________________________
William H. Orrick
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-

Case No. 14-cv-04601-WHO

STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES