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)

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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

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