Pettit v. Procter & Gamble Company

Filing 66

STIPULATION AND ORDER RE 65 to Adjust Class Certification Deadlines and Hearing Date In Light of Unforeseen Circumstances. Signed by Judge Richard Seeborg on 3/23/17. (cl, COURT STAFF) (Filed on 3/23/2017)

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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)
LINDSEY BARNHART (SBN 294995)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, CA 94102
Telephone: [phone]
Facsimile: 415-591-6091
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant The Procter & Gamble Company
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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JAMIE PETTIT, an individual, on behalf of
himself, the general public, and those
similarly situated,

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Plaintiff,
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v.
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PROCTER & GAMBLE COMPANY; AND
DOES 1 THROUGH 50,
Defendants.

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JOINT STIPULATION TO ADJUST CLASS CERTIFICATION
DEADLINES AND HEARING DATE
Civil Case No.: 3:15-cv-02150-RS

Civil Case No.: 3:15-cv-02150-RS
ORDER
JOINT STIPULATION TO
ADJUST CLASS
CERTIFICATION DEADLINES
AND HEARING DATE IN LIGHT
OF UNFORESEEN
CIRCUMSTANCES

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Pursuant to Civil L.R. 6-1(b), 6-2, and 7-12, plaintiff Jamie Pettit and defendant The

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Procter & Gamble Company (“P&G”) respectfully submit this joint stipulation to adjust the opposition

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and reply deadlines related to plaintiff’s motion for class certification, as well as the hearing date for that

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motion.

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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 an initial briefing schedule for plaintiff’s motion for class certification (see Dkt. No.

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24);

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WHEREAS, the parties filed joint stipulations on five subsequent occasions to extend
and/or adjust the schedule for class certification, each of which was entered by the Court (see Dkt. Nos.
27, 29, 31, 41, and 64);

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WHEREAS, plaintiff timely filed her motion for class certification on February 14, 2017;

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WHEREAS, under the current schedule, P&G would file its opposition by March 31,

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2017; plaintiff would file her reply by May 2, 2017, and the hearing is on calendar for 1:30 p.m. on May

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18, 2017 (see Dkt. No. 64);

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WHEREAS, P&G noticed a deposition of plaintiff’s expert Barry Orr, who submitted a
declaration in support of class certification, in San Francisco on March 10, 2017;

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WHEREAS, when Mr. Orr attempted on March 8, 2017 to travel to San Francisco from

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his home in City of London, Ontario, Canada, he was denied entry into the United States by officers of

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Customs and Border Protection (“CBP”) because he did not have a certain visa;

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WHEREAS, this development was unforeseen as Mr. Orr has never been denied entry

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into the United States before (including to sit for depositions in the United States), and plaintiff’s

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counsel understands CBP has only recently started enforcing the visa requirement described above;

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WHEREAS, plaintiff’s counsel and Mr. Orr are securing the necessary documentation for
the visa and expect Mr. Orr to be available for his deposition in San Francisco on March 31, 2017;
WHEREAS, in light of this unforeseen three-week delay in Mr. Orr’s deposition, the

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parties propose to adjust the opposition and reply deadlines for plaintiff’s motion for class certification,

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and move the hearing date forward one week.

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NOW THEREFORE, THE PARTIES BY COUNSEL HEREBY STIPULATE as follows:
JOINT STIPULATION TO ADJUST CLASS CERTIFICATION
DEADLINES AND HEARING DATE
Civil Case No.: 3:15-cv-02150-RS

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P&G shall file its opposition to plaintiff’s motion for class certification by April 13,

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2017; plaintiff shall file her reply by May 11, 2017, and the hearing will be calendared for 1:30 p.m. on

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May 25, 2017, or another date convenient for the Court.

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DATED: March 17, 2017

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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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DATED: March 17, 2017

GUTRIDE SAFIER LLP

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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:
P&G shall file its opposition to plaintiff’s motion for class certification by April 13,

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2017; plaintiff shall file her reply by May 11, 2017, and the hearing will be calendared for 1:30 p.m. on

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May 25, 2017, or another date convenient for the Court.

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DATED: 3/23/17
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO ADJUST CLASS CERTIFICATION
DEADLINES AND HEARING DATE
Civil Case No.: 3:15-cv-02150-RS

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