John Utne v. Home Depot U.S.A., Inc.

Filing 158

STIPULATION AND ORDER RE #157 Extend Expert Deadlines, Defendant's Decertification Motion Briefing Deadlines, Pretrial Conference and Trial Date AS MODIFIED BY THE COURT Jury Selection/Trial set for 8/3/2020 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 6/24/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 11/14/19. (clS, COURT STAFF) (Filed on 11/14/2019) Modified on 11/14/2019 (clS, COURT STAFF).

1 Shaun Setareh (SBN 204514)
[e-mail]

2 Thomas Segal (SBN 222791)
3 [e-mail]
M. Pao (SBN 219846)
[e-mail]
4 SETAREH LAW GROUP
5 315 South Beverly Drive, Suite 315
Beverly Hills, California 90212

6 Telephone:
Facsimile:

[phone]
[phone]

7 Attorneys for Plaintiff,
8 JOHN UTNE and CLASS MEMBERS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN UTNE, on behalf of himself, all others
similarly situated, and the general public,

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Plaintiff,
vs.

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HOME DEPOT U.S.A., INC., a Delaware
corporation; and DOES 1-50, inclusive,

Case No.3:16-cv-01854-RS

JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND EXPERT
DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION
BRIEFING DEADLINES, PRETRIAL
CONFERENCE AND TRIAL DATE
AS MODIFIED BY THE COURT

Defendants.
Action Filed: March 8, 2016

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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATE

JOINT STIPULATION

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This Joint Stipulation to extend expert deadlines, Defendant’s decertification motion briefing

3 deadlines, pretrial conference and trial date is made by and between Plaintiff John Utne (“Plaintiff”)
4 and Defendant Home Depot U.S.A., Inc. (“Defendant”), through their respective counsel of record,
5 with reference to the following facts:
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1. Both parties have designated experts for trial. Plaintiff designated three experts, and Defendant
designated one expert.

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2. Defendant has produced a voluminous quantity of material in support of Defendant’s expert

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Robert Crandall’s report, including 30 hard drives containing video footage of Home Depot

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stores, and 15,000 pages of documents. Defendant relies on Defendant’s expert Robert

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Crandall’s report in support of their motion to decertify.

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3. Plaintiff’s experts need time to review and analyze this voluminous material.

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4. Plaintiff’s expert Dr. Jon Krosnick has produced a several hundred page report and

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voluminous production of documents and data that Defendant’s expert needs time to review

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and analyze.

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5. Accordingly, the parties believe the current expert discovery schedule is not feasible. The

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parties and their experts need additional time to review and analyze the material produced in

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connection with the experts, and for expert depositions, than is permitted under the current

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deadlines. In addition, because the expert discovery relates to defendant’s pending motion for

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decertification, and such discovery and the decertification motion will impact the parties’

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preparation for the pretrial conference and trial, the parties believe it is necessary to continue

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the current expert discovery, all pretrial deadlines, and the trial date by 60 days.

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6. Thus, the parties agree to extend the deadlines and dates in this case by approximately 60 days
and respectfully request that the Court adopt the below proposed revised case schedule.
EVENT

PROPOSED DATE

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Rebuttal and Supplemental Expert Designation Deadline

January 31, 2019

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Plaintiff’s Opposition to Defendant’s Decertification Motion Deadline

January 31, 2019

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Defendant’s Reply ISO Defendant’s Decertification Motion Deadline

March 6, 2020

-1JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATE

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Last day for hearing pretrial motions

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Completion of Expert Discovery

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Hearing Date for Defendant’s Decertification Motion Deadline

February 20, 2020
March 13, 2020

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Pretrial Conference

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April 2, 2020 at 1:30 p.m. or
as soon thereafter as the
Court is available
June 24, 2020

Trial Date

August 3, 2020

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7. To date, the following deadlines in this action have been modified: Stipulation to Continue

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Initial Case Management Conference and Order granting same (Dkt Nos. 17 and 18);

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Stipulation to Continue Class Certification Briefing and Hearing and Order granting same (Dkt

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Nos. 35 ad 36); Stipulation to Continue Briefing and Hearing and Order granting same (Dkt

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Nos. 110 and 111); Defendant’s Motion to Enlarge Time to Oppose Plaintiff’s Motion for

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Partial Summary Judgment and Order granting same (Dkt Nos. 122 and 124); Stipulation to

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Extend Plaintiff’s Deadline to Oppose Motion for Partial Summary Judgment and Order

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Granting Same (Dkt 130); Stipulation to Extend Expert Deadlines, Defendant’s Decertification

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Motion Deadline, Pretrial Conference and Trial Date (Dkt 144); Stipulation to Extend Expert

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Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date. (Dkt 151) and

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Stipulation to Set Briefing Schedule and Hearing Date for Defendant’s Motion to Decertify (Dkt

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155).

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IT IS SO STIPULATED.

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22 Dated: November 11, 2019

SETAREH LAW GROUP

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By:___/s/ Shaun Setareh_____________
Shaun Setareh
Attorneys for Plaintiff,
John Utne

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-2JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATE

1 Dated: November 11, 2019

AKIN GUMP STRAUSS HAUER & FELD LLP

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By:

/s/ Liz Bertko
Liz Bertko
Attorneys for Defendant,
Home Depot U.S.A., Inc.

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Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this
document has been obtained from each of the above signatories.

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-3JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATE

[PROPOSED] ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following deadlines

3 and hearing date are entered:
EVENT

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Rebuttal and Supplemental Expert Designation Deadline

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Plaintiff’s Opposition to Defendant’s Decertification Motion Deadline

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Defendant’s Reply ISO Defendant’s Decertification Motion Deadline

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Last day for hearing pretrial motions

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PROPOSED DATE
2020
January 31, 2019
2020
January 31, 2019

Completion of Expert Discovery

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March 6, 2020
February 20, 2020
March 13, 2020

Hearing Date for Defendant’s Decertification Motion Deadline

Pretrial Conference

April 2, 2020 at 1:30 p.m. or
as soon thereafter as the
Court is available
June 24, 2020
August 3, 2020

Trial Date

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15 Dated: ___________________
11/14/19

______________________________

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Honorable Richard Seeborg
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATE