Bernstein v. Virgin America, Inc.
Filing
211
STIPULATION AND ORDER re 207 STIPULATION WITH [PROPOSED] ORDER TO CONTINUE CERTAIN CASE DEADLINES filed by Julia Bernstein. Deadline for production of rebuttal reports 12/27/2017. Deadline for completion of expert discovery 1/10/201 8. Deadline to file dispositive motions or motions to decertify 1/12/2018. Deadline to file oppositions to dispositive motions or motions to decertify 2/8/2018. Deadline to file replies in support of dispositive motions or motions to decertify 2/2 2/2018. Motion Hearing set for 3/8/2018 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Judge Jon S. Tigar. Pretrial Conference set for 4/27/2018 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Signed by Judge Jon S. Tigar on November 27, 2017. (wsn, COURT STAFF) (Filed on 11/27/2017)
1
2
3
4
5
6
7
8
9
10
11
12
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
Monique Olivier (SBN 190385)
(monique@dplolaw.com)
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: (415) 433-0333
Facsimile: (415) 449-6556
KOSINSKI + THIAGARAJ, LLP
Alison Kosinski (SBN 261676)
(alison@ktlawsf.com)
Emily Thiagaraj (SBN 284634)
(emily@ktlawsf.com)
351 California Street, Suite 300
San Francisco, California 94104
Telephone: (415) 230-2860
Facsimile: (415) 723-7099
Attorneys for Plaintiffs and the Class
Additional counsel on following page
13
14
15
IN THE UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
18
19
JULIA BERNSTEIN, LISA MARIE SMITH,
and ESTHER GARCIA, on behalf of themselves
and all others similarly situated,
Plaintiff,
20
21
22
23
24
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.
25
26
27
28
JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES
15-CV-02277-JST
1
2
3
4
ROBERT JON HENDRICKS, State Bar No. 179751
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Tel: +1.415.442.1000
Fax: +1.415.442.1001
Email: rhendricks@morganlewis.com
5
6
7
8
NANCY VILLARREAL, State Bar No. 273604
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Tel: +1.650.843.4000
Fax: +1.650.843.4001
Email: nancy.villarreal@morganlewis.com
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Attorneys for Defendant
VIRGIN AMERICA INC.
JAMES E. MILLER (SBN 262553)
(jmiller@sfmslaw.com)
SHEPHERD, FINKELMAN, MILLER AND SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: (860) 526-1100
Facsimile: (866) 300-7367
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: (619) 235-2416
Facsimile: (866) 300-7367
JAMES C. SHAH (SBN 260435)
SHEPHERD, FINKELMAN, MILLER
AND SHAH, LLP
35 East State Street
Media, PA 19063
Telephone: (610) 891-9880
Facsimile: (866) 300-7367
Attorneys for Plaintiffs and the Class
25
26
27
28
JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES
15-CV-02277-JST
STIPULATION
1
2
Plaintiffs Julia Bernstein, et al. (“Plaintiffs”) and Defendant Virgin America, Inc.
3
(“Defendant”) (collectively, the “Parties”), by and through their counsel, hereby stipulate and agree
4
as follows:
5
6
7
1. On September 22, 2017, the Parties stipulated to revise certain of the deadlines set forth
in the Court’s scheduling order as follows (Dkt. No. 190):
September 29, 2017
outstanding depositions of Defendant and its personnel
8
9
Deadline for the Parties to finalize deposition schedule for
October 9, 2017
Fact discovery cutoff (extended only to resolve outstanding
10
meet and confer matters and provide any updated disclosures
11
and responses)
12
October 9, 2017
Plaintiffs’ Request for Production of Documents, Set Six
13
14
Deadline for Defendant to provide responsive documents to
October 27, 2017
Deadline for completion of outstanding depositions of
Defendant and its personnel
15
16
November 10, 2017
Deadline for production of expert reports
17
December 1, 2017
Deadline for production of rebuttal reports
18
December 12, 2017
Deadline for completion of expert discovery
19
December 19, 2017
Deadline to file dispositive motions or motions to decertify
20
(with the deadline to file oppositions to said motions to be set
21
for thirty (30) days after the filing of same, and the deadline
22
to file replies in support of said motions to be set for fourteen
23
(14) days after oppositions to same are filed)
24
25
2. The Court granted the Parties’ stipulation to revise the deadlines on September 27,
2017. (Dkt. No. 191.)
26
3. On November 10, 2017, the parties exchanged expert reports. Plaintiffs produced one
27
expert report. Defendant produced four expert reports and one non-retained expert
28
-1JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES
15-CV-02277-JST
1
report. Since the exchange of expert reports, the Parties have been meeting and
2
conferring regarding the completion of expert discovery, including scheduling the
3
depositions of six designated experts.
4
4. The Parties have now agreed upon a schedule for those six depositions. Given the
5
number of depositions and the Thanksgiving holiday, such schedule requires certain
6
depositions to occur after the current deadline for completing expert discovery.
7
5. The Parties have accordingly agreed, subject to the Court’s approval, to continue the
8
expert discovery deadlines and the deadline to file dispositive motions or motion to
9
decertify.
10
6. Moving these deadlines will not require moving any other pretrial or trial deadlines.
11
The pretrial conference is currently set for April 6, 2018 and trial is scheduled to begin
12
May 14, 2018.
13
14
NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate, subject
to the approval of the Court, to the following revised schedule:
15
December 27, 2017
Deadline for production of rebuttal reports
16
January 10, 2018
Deadline for completion of expert discovery
17
January 12, 2018
Deadline to file dispositive motions or motions to decertify
18
February 9, 2018
Deadline to file oppositions to dispositive motions or motions
to decertify
19
20
February 23, 2018
motions to decertify
21
22
23
Deadline to file replies in support of dispositive motions or
March 8, 2018
Hearing on dispositive motions or motions to decertify
IT IS SO STIPULATED.
24
25
26
27
28
Dated: November 27, 2017
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
By: /s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs
-2-
JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES
15-CV-02277-JST
1
2
3
Dated: November 27, 2017
MORGAN, LEWIS & BOCKIUS LLP
By: /s/ Robert Jon Hendricks *
Robert Jon Hendricks
Attorneys for Defendant
4
5
*I, Robert Jon Hendricks, attest that Monique Olivier has concurred in the filing of this document.
(L.R. 5-1(i).)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES
15-CV-02277-JST
1
[PROPOSED] ORDER
2
Pursuant to the stipulation of the Parties, and good cause appearing, the scheduling order is
3
modified as follows:
4
December 27, 2017
Deadline for production of rebuttal reports
5
January 10, 2018
Deadline for completion of expert discovery
6
January 12, 2018
February 8, 2018
February 9, 2018
Deadline to file dispositive motions or motions to decertify
7
Deadline to file oppositions to dispositive motions or motions
to decertify
8
9
February 22, 2018
February 23, 2018
motions to decertify
10
11
12
Deadline to file replies in support of dispositive motions or
March 8, 2018
IT IS SO ORDERED.
Hearing on dispositive motions or motions to decertify
The pretrial conference will be held on April 27, 2018.
13
14
DATED: November 27, 2017
__________________________
Hon. Jon S. Tigar
United States District Judge
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES
15-CV-02277-JST
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?