Pettit v. Procter & Gamble Company

Filing 31

STIPULATION AND ORDER RE 30 Joint Stipulation to Set Briefing Schedule for Motion to Stay and Extend Class Certification Briefing Schedule. Signed by Judge Richard Seeborg on 6/23/16. (cl, COURT STAFF) (Filed on 6/23/2016)

Case 3:15-cv-02150-RS Document 30 Filed 06/22/16 Page 1 of 5

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EMILY JOHNSON HENN (SBN 269482)
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94061
Telephone: [phone]
Facsimile: 650-632-4800
Email: [e-mail]
SONYA D. WINNER (SBN 200348)
CORTLIN H. LANNIN (SBN 266488)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, CA 94102
Telephone: [phone]
Facsimile: 415-591-6091
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant The Procter & Gamble Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMIE PETTIT, an individual, on behalf of
herself, the general public and those similarly situated

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Plaintiff,

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v.

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PROCTER & GAMBLE COMPANY

CASE NO. 15-cv-2150-RS
ORDER

JOINT STIPULATION TO
SET BRIEFING SCHEDULE
FOR MOTION TO STAY
AND EXTEND CLASS
CERTIFICATION
BRIEFING SCHEDULE

Defendant

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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 set an expedited
briefing schedule for P&G’s forthcoming motion to stay this action and to extend the current
briefing schedule for class certification.
STIPULATION FOR CONTINUANCE OF
CLASS CERTIFICATION

Case 3:15-cv-02150-RS Document 30 Filed 06/22/16 Page 2 of 5

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WHEREAS, at the August 13, 2015 Case Management Conference and in a subsequent

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order, this Court set the hearing for Plaintiff’s motion for class certification for May 5, 2016 and

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ordered that Plaintiff would file her opening brief on February 25, 2016, P&G would file its

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opposition by March 28, 2016, and Plaintiff would file her reply by April 14, 2016 [See Dkt. No.

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24];

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WHEREAS, the parties previously sought and received two time modifications to permit

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the parties to defer depositions and additional discovery so as to conserve resources in light of the

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court’s order, in a similar case in which a plaintiff is challenging Charmin Freshmates flushable

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wipes (Belfiore v. Procter & Gamble Company, Case No. 14-cv-4090 (E.D.N.Y.) (Weinstein,

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J.)), that those parties participate in settlement talks with Magistrate Judge Levy, which began on

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January 21, 2016;

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WHEREAS, in light of the settlement talks in Belfiore, the parties sought and the Court

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entered on February 11, 2016 the first time modification, pursuant to which Plaintiff would file

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her motion for class certification by May 19, 2016; P&G would file its opposition by June 23,

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2016; Plaintiff would file her reply by July 14, 2016; and the hearing would be held at 1:30 p.m.

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on August 4, 2016 [See Dkt. 27];

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WHEREAS, again in light of the continuing settlement talks in Belfiore, the parties sought

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and the Court entered on April 25, 2016 the second time modification, pursuant to which Plaintiff

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would file her motion for class certification by August 24, 2016; P&G would file its opposition

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by September 28, 2016; Plaintiff would file her reply by October 19, 2016; and the hearing would

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be held at 1:30 p.m. on November 10, 2016 [See Dkt No. 29];

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WHEREAS, on June 10, 2016, Magistrate Judge Levy adjourned the last scheduled

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settlement conference in Belfiore sine die, and there are no additional settlement conferences

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scheduled;

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WHEREAS, P&G has informed Plaintiff that it intends to file a motion to stay this action,
and Plaintiff has informed P&G that it intends to oppose the motion;
WHEREAS, the parties request a slightly expedited briefing and hearing schedule for the
motion to stay;
STIPULATION FOR CONTINUANCE OF
CLASS CERTIFICATION

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Case 3:15-cv-02150-RS Document 30 Filed 06/22/16 Page 3 of 5

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WHEREAS, in order to accommodate the time required to resolve P&G’s motion to stay,

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prior to initiating the deferred depositions and additional discovery, the parties request that the

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briefing schedule for Plaintiff’s motion for class certification be extended approximately two

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months;

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WHEREAS, there have been two previous time modifications in this case, discussed
above;
WHEREAS, the effect of the requested time modification will be to extend the current
class certification briefing schedule approximately two months;
NOW THEREFORE, THE PARTIES BY COUNSEL HEREBY STIPULATE as follows:

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P&G shall file its motion to stay by June 23, 2016; Plaintiff shall file her opposition by

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June 30, 2016; P&G shall file its reply by July 7, 2016; and the hearing on the motion shall be

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held at 1:30 p.m. on July 21, 2016, or another date convenient for the Court;

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Plaintiff shall file her motion for class certification by October 20, 2016; P&G shall

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depose Plaintiff’s class certification expert(s) by November 3, 2016; P&G shall file its opposition

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by December 8, 2016; Plaintiff shall depose P&G’s class certification expert(s) by December 22,

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2016; Plaintiff shall file her reply by January 12, 2017; and the hearing shall be held at 1:30 p.m.

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on February 2, 2017, or another date convenient for the Court; and

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If P&G’s motion for a stay is not decided by July 28, 2016, the parties shall stipulate to a

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further extension to the briefing schedule for Plaintiff’s motion for class certification, so that the

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motion is not due until 90 days after the decision on the motion for stay.

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DATED: June 22, 2016

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COVINGTON & BURLING LLP

By: /s/ Cortlin H. Lannin
Cortlin H. Lannin

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Attorneys for Defendant
The Procter & Gamble Company

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STIPULATION FOR CONTINUANCE OF
CLASS CERTIFICATION

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Case 3:15-cv-02150-RS Document 30 Filed 06/22/16 Page 4 of 5

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DATED: June 22, 2016

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GUTRIDE SAFIER LLP

By: /s/ Adam Gutride
Adam Gutride

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Attorneys for Plaintiff

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PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, THE
COURT ORDERS AS FOLLOWS:

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P&G shall file its motion to stay by June 23, 2016; Plaintiff shall file her opposition by

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June 30, 2016; P&G shall file its reply by July 7, 2016; and the hearing on the motion shall be

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held at 1:30 p.m. on July 21, 2016; and

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Plaintiff shall file her motion for class certification by October 20, 2016; P&G shall

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depose plaintiff’s class certification expert(s) by November 3, 2016; P&G shall file its opposition

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by December 8, 2016; Plaintiff shall depose P&G’s class certification expert(s) by December 22,

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2016; Plaintiff shall file her reply by January 12, 2017; and the hearing shall be held at 1:30 p.m.

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on February 2, 2017.

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DATED:

6/23/16

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THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION FOR CONTINUANCE OF
CLASS CERTIFICATION

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