Pettit v. Procter & Gamble Company

Filing 27

STIPULATION AND ORDER re Continuance of Class Certification Briefing Schedule. Signed by Judge Richard Seeborg on 2/11/16. (cl, COURT STAFF) (Filed on 2/11/2016)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) SETH A. SAFIER (State Bar No. 197427) MARIE MCCRARY (State Bar No. 262670) KRISTEN G. SIMPLICIO (State Bar No. 263291) 100 Pine Street, Suite 1250 San Francisco, California 94111 Telephone: (415) 271-6469 Facsimile: (415) 449-6469 TYCKO & ZAVAREEI LLP LORENZO B. CELLINI 1828 L Street, N.W., Suite 1000 Washington, DC 20036 Telephone: (202) 973-0900 Facsimile: (202) 973-0950 SPANGENBERG SHIBLEY & LIBER LLP STUART E. SCOTT DANIEL FRECH 1001 Lakeside Avenue East, Suite 1700 Cleveland, OH 44114 Telephone: (216) 696-3232 Facsimile: (216) 696-3924 Attorneys for Plaintiff, Jamie Pettit 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 JAMIE PETTIT, an individual, on behalf of herself, the general public and those similarly situated Plaintiff, 21 22 23 v. CASE NO. 15-cv-2150-RS ORDER JOINT STIPULATION TO EXTEND CLASS CERTIFICATION BRIEFING SCHEDULE PROCTER & GAMBLE COMPANY Defendant 24 25 26 27 Pursuant to Civil L.R. 6-1(b), 6-2, and 7-12, plaintiff Jamie Pettit and defendant The Procter & Gamble Company (“P&G”) respectfully submit this joint stipulation to extend the 28 STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION 1 2 current briefing schedule for class certification. WHEREAS, at the August 13, 2015 Case Management Conference and in a subsequent 3 order, this Court set the hearing for Plaintiff’s Motion for Class Certification for May 5, 2016 and 4 ordered that the Plaintiff shall file her opening brief on February 25, 2016, P&G shall file its 5 opposition by March 28, 2016, and Plaintiff shall file her reply by April 14, 2016 [Dkt. No. 24]; 6 WHEREAS, the parties have engaged in productive discovery, but believe more time to 7 review that discovery would be useful before the parties brief class certification in this case; 8 WHEREAS, the parties agree it would be efficient to defer additional discovery and 9 briefing in light of the court’s order, in a similar case in which a plaintiff is challenging Charmin 10 Freshmates flushable wipes (Belfiore v. Procter & Gamble Company, Case No. 14-cv-4090 11 (E.D.N.Y.) (Weinstein, J.)), that those parties participate in a settlement talks with Magistrate 12 Judge Levy, which began on January 21 and are continuing on February 24, with additional talks 13 possible thereafter. 14 WHEREAS, there have been no previous time modifications in this case; 15 WHEREAS, in light of the foregoing, Plaintiff and P&G request that the briefing schedule 16 17 18 19 for Plaintiff’s motion for class certification be continued approximately three months; WHEREAS, the effect of the requested time modification will to be extend the current class certification briefing schedule approximately three months; and WHEREAS, the parties have agreed that Plaintiff shall file her motion for class 20 certification by May 19, 2016; P&G shall file its opposition by June 23, 2016; Plaintiff shall file 21 her reply by July 14, 2016; and the hearing shall be held at 1:30 p.m. on August 4, 2016, or 22 another date convenient for the Court; 23 NOW THEREFORE, THE PARTIES BY COUNSEL HEREBY STIPULATE: 24 Plaintiff shall file her motion for class certification by May 19, 2016; P&G shall file its 25 opposition by June 23, 2016; Plaintiff shall file her reply by July 14, 2016; and the hearing shall 26 be held at 1:30 p.m. on August 4, 2016, or another date convenient for the Court. 27 28 STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION -2- 1 Dated: February 10, 2015 GUTRIDE SAFIER LLP 2 By: /s/ Kristen G. Simplicio Kristen G. Simplicio 3 4 Attorneys for Plaintiff Jamie Pettit 5 6 DATED: February 10, 2016 7 COVINGTON & BURLING LLP By:/s/ Emily Johnson Henn Emily Johnson Henn 8 Attorneys for Defendant The Procter & Gamble Company 9 10 11 12 PURSUANT TO STIPULATION, IT IS SO ORDERED. 13 14 15 DATED: 2/11/16 THE HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION -3-

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