Bernstein v. Virgin America, Inc.

Filing 191

STIPULATION AND ORDER re 190 STIPULATION WITH PROPOSED ORDER TO CONTINUE CERTAIN DEADLINES PURSUANT TO LOCAL RULE 6-2 filed by Virgin America, Inc. Deadline for parties to finalize deposition schedule 9/29/2017. Fact discovery cut off 10/9/2017. Deadline for Defendant to provide responsive documents 10/9/2017. Deadline for completion of outstanding depositions 10/27/2017. Deadline for production of expert reports 11/10/2017. Deadline for production of rebuttal reports 12/1/2017. Deadline for completion expert discovery 12/12/2017. Deadline to file dispositive motions or motions to decertify 12/19/2017. Signed by Judge Jon S. Tigar on September 27, 2017. (wsn, COURT STAFF) (Filed on 9/27/2017)

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
Monique Olivier (SBN 190385)
[e-mail]
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
KOSINSKI + THIAGARAJ, LLP
Alison Kosinski (SBN 261676)
[e-mail]
Emily Thiagaraj (SBN 284634)
[e-mail]
351 California Street, Suite 300
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and the Class
Additional counsel on following page

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JULIA BERNSTEIN, LISA MARIE SMITH,
and ESTHER GARCIA, on behalf of themselves
and all others similarly situated,
Plaintiff,

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v.

CASE NO.: 15-CV-02277-JST
JOINT STIPULATION TO CONTINUE
CERTAIN DEADLINES PURSUANT TO
LOCAL RULE 6-2; [PROPOSED]
ORDER

VIRGIN AMERICA, INC.; and Does 1-10,
inclusive;
Defendants.

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JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES

15-CV-02277-JST

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ROBERT JON HENDRICKS, State Bar No. 179751
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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NANCY VILLARREAL, State Bar No. 273604
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant
VIRGIN AMERICA INC.
JAMES E. MILLER (SBN 262553)
[e-mail]
SHEPHERD, FINKELMAN, MILLER AND SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: [phone]
Facsimile: [phone]
KOLIN C. TANG (SBN 279834)
CHIHARU G. SEKINO (SBN 306589)
SHEPHERD, FINKELMAN, MILLER
AND SHAH, LLP
401 West A Street, Suite 2550
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
JAMES C. SHAH (SBN 260435)
SHEPHERD, FINKELMAN, MILLER
AND SHAH, LLP
35 East State Street
Media, PA 19063
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and the Class

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JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES

15-CV-02277-JST

STIPULATION

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Plaintiffs Julia Bernstein, et al. (“Plaintiffs”) and Defendant Virgin America, Inc.

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(“Defendant”) (collectively, the “Parties”), through their counsel, hereby stipulate and agree that:

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1. The current scheduling order sets the following deadlines:

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September 22, 2017

Fact Discovery Cutoff

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October 13, 2017

Expert Reports

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November 3, 2017

Expert Rebuttal Reports

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November 17, 2017

Expert Discovery Cutoff

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December 8, 2017

Dispositive Motion Cutoff

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2. On August 18, 2017, Plaintiffs served Virgin with document requests and

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interrogatories. On September 18, 2017, Virgin provided responses to the document

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requests stating that it “expects to complete its search within 30 days of this response.”

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In addition, several of Virgin’s interrogatory responses did not provide a response and

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instead stated that “a meet and confer between the parties is required.”

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3. Virgin responded to Plaintiffs’ documents requests consistent with FRCP Rule

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34(b)(2)(B), which provides that a party’s production may be completed “no later than

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the time for inspection specified in the request or another reasonable time specified in

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the response.”

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4. On August 21, 2017, Virgin served document requests, requests for admission, and

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interrogatories on Plaintiffs. On September 20, 2017, Plaintiffs largely served

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objections to Virgin’s discovery. The Parties intend to confer regarding Plaintiffs’

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responses. In addition, the Parties have been conferring regarding various outstanding

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issues with Plaintiffs’ responses and supplemental responses to various sets of

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document requests and interrogatories that Virgin previously propounded on Plaintiffs.

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5. On August 28, 2017, Plaintiffs served Defendant with notices of deposition for Virgin

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employees Diane Chandra and Aladdin Nabulsi, and a notice of deposition under Rule

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30(b)(6) for certain topics for depositions to proceed on September 19 and 22, prior to

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-1JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES

15-CV-02277-JST

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the discovery cutoff date of September 22, 2017. On September 13, 2017, Virgin

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notified Plaintiffs that none of the proposed dates for the depositions worked, and that

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Virgin was working on obtaining dates and identifying the individual or individuals

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who would be designated under Rule 30(b)(6). Defendant has not yet provided

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Plaintiffs with the information necessary to renotice the depositions.

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6. It is Virgin’s position that Plaintiffs unilaterally noticed the foregoing depositions and

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that most of the topics pertain to changes in policies, practices, and procedures since

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Alaska Air Group Inc. acquired Virgin. Virgin further states that it is in a state of

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transition with employees departing, employees changing job functions, and new

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employees assuming different responsibilities, which has complicated determining

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appropriate designees, that it is working through these issues, and that it is in the

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process of confirming appropriate designees and obtaining dates.

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7. On September 19, 2017, the Magistrate Judge denied Virgin’s request to conduct

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written discovery and depositions of 10% of the absent class members. Dkt. 189.

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Virgin intends to seek review of the Order pursuant to Local Rule 72-2, FRCP 72(a),

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and 28 U.S.C. Section 636(b)(1)(A) within the time set for review therein.

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8. The Parties are also continuing to meet and confer regarding several outstanding

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discovery matters, including the production of electronic discovery necessary for

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Plaintiffs’ expert to complete his analysis, and the discovery issues with Plaintiffs’

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discovery responses, as set forth above.

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NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate,
subject to the approval of the Court, to the following revised schedule:
September 29, 2017

outstanding depositions of Defendant and its personnel

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Deadline for the Parties to finalize deposition schedule for

October 9, 2017

Fact discovery cutoff (extended only to resolve outstanding

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meet and confer matters and provide any updated disclosures

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and responses)

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-2JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES

15-CV-02277-JST

Case 3:15-cv-02277-JST Document 190 Filed 09/22/17 Page 5 of 6

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October 9, 2017

Plaintiffs’ Request for Production of Documents, Set Six

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Deadline for Defendant to provide responsive documents to

October 27, 2017

Deadline for completion of outstanding depositions of
Defendant and its personnel

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November 10, 2017

Deadline for production of expert reports

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December 1, 2017

Deadline for production of rebuttal reports

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December 12, 2017

Deadline for completion expert discovery

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December 19, 2017

Deadline to file dispositive motions or motions to decertify

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The deadline to file oppositions to dispositive motions or motions to decertify is thirty (30)

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days after the filing of same.
The deadline to file replies in support of dispositive motions or motions to decertify is
fourteen (14) days after oppositions to same are filed.

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Dated: September 22, 2017

By: /s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP

Dated: September 22, 2017

MORGAN LEWIS & BOCKIUS
By: /s/ Robert Jon Hendricks *
Robert Jon Hendricks
Attorneys for Defendant

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*I, Robert Jon Hendricks, attest that Monique Olivier has concurred in the filing of this document.
(L.R. 5-1(i).)

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-3JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES

15-CV-02277-JST

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[PROPOSED] ORDER
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Pursuant to the stipulation of the Parties, and good cause appearing, scheduling order is
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modified as follows:
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September 29, 2017

Deadline for parties to finalize deposition schedule for

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outstanding depositions of Defendant and its personnel
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October 9, 2017

Fact discovery cutoff (extended only to resolve outstanding

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meet and confer matters and provide any updated disclosures
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and responses)
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October 9, 2017

Deadline for Defendant to provide responsive documents to

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Plaintiffs’ Request for Production of Documents, Set Six
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October 27, 2017

Deadline for completion of outstanding depositions of

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Defendant and its personnel
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November 10, 2017

Deadline for production of expert reports

December 1, 2017

Deadline for production of rebuttal reports

December 12, 2017

Deadline for completion expert discovery

December 19, 2017

Deadline to file dispositive motions or motions to decertify

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The deadline to file oppositions to dispositive motions or motions to decertify is thirty (30)
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days after the filing of same.
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The deadline to file replies in support of dispositive motions or motions to decertify is
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fourteen (14) days after oppositions to same are filed.
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IT IS SO ORDERED.
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DATED:

__________________________
Hon. Jon S. Tigar
United States District Judge

September 27, 2017

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-4JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES

15-CV-02277-JST