Farrell v. Target Corporation

Filing 9

ORDER by Magistrate Judge Maria-Elena James granting 7 Stipulation for Stay. (rmm2S, COURT STAFF) (Filed on 3/2/2015)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MARY FARRELL, on behalf of herself and
others similarly situated,
Plaintiff,

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v.
TARGET CORPORATION,
Defendant.

No. 3:15-cv-00635-MEJ
[PROPOSED] ORDER

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WHEREAS, Plaintiff filed the Complaint in this litigation on February 10, 2015;

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WHEREAS, Defendant Target Corporation was served on February 23, 2015;

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WHEREAS, a number of duplicative complaints were filed nationwide;

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WHEREAS, a Motion for Consolidation and Transfer under 28 U.S.C. § 1407 was filed

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before the Judicial Panel on Multi-District Litigation (“JPML”) to coordinate and/or consolidate

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all of the actions in one court;

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WHEREAS, Plaintiff and Defendant Target Corporation expect that all of the actions will
be coordinated and/or consolidated before one court;

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WHEREAS, Plaintiff and Defendant Target Corporation wish to preserve the parties’ and
the Court’s resources and efficiently manage the litigation so as not to cause prejudice;

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WHEREAS, the parties have not previously requested any time modifications in this
case;
WHEREAS, this stipulation would effect a stay of all deadlines in this case, including

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those contained in the Court’s Order Setting Initial Case Management Conference and ADR

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Deadlines [ECF No. 4];

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NOW THEREFORE, the parties agree as follows:

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1.

Defendant Target Corporation will not be required to answer or otherwise plead in

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response to the Complaint until after a scheduling order or briefing schedule is entered in a

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transferee court. In the event that the Motion for Consolidation and Transfer under 28 U.S.C. §

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1407 is denied, the parties will confer within seven (7) days of the JPML’s order regarding the

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due date for responsive pleadings in this action. No discovery shall be served in the above-

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captioned matter while this stipulation is in effect.

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2.

The deadlines established in the Court’s Order Setting Initial Case Management

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Conference and ADR Deadlines [ECF No. 4] shall be stayed unless and until the Motion for

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Consolidation and Transfer under 28 U.S.C. § 1407 is denied. In the event that the Motion for

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CASE NO. 3:15-CV-00635-MEJ

[PROPOSED] ORDER

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Consolidation and Transfer under 28 U.S.C. § 1407 is denied, the parties will confer within

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seven (7) days of the JPML’s order and submit to the court a stipulation proposing deadlines: (1)

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to meet and confer regarding initial disclosures, early settlement, ADR process selection and a

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discovery plan; (2) to file an ADR Certification signed by the parties; (3) to file either a

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stipulation to the ADR process or a Notice of Need for ADR Phone Conference; (4) to file a Rule

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26(f) Report and complete initial disclosures or state objections in the Rule 26(f) report, and file

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a Case Management Statement; and (5) to hold the Initial Case Management Conference.

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3.

Defendant Target Corporation agrees that it will seek the same stipulation in any

related action and, if it is unable to reach agreement, will file a motion to stay any related action
before filing a responsive pleading in those related actions.
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In the event that Defendant Target Corporation voluntarily files or is ordered to

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file a responsive pleading in any other related action prior to the JPML’s decision, Defendant

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Target Corporation agrees that this stipulation will become void and in that event, all the parties

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agree to negotiate in good faith regarding a responsive pleading date.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

March 2,2015
DATED: February __, 2015.

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______________________________
Maria-Elena James
United States Magistrate Judge

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CASE NO. 3:15-CV-00635-MEJ

[PROPOSED] ORDER