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

Filing 181

STIPULATION AND ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT'S DECERTIFICATION MOTION BRIEFING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATE AS MODIFIED BY THE COURT. Jury Selection/Trial set for 10/13/2020 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 9/23/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 1/30/2020. (cl, COURT STAFF) (Filed on 1/30/2020)

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 the Class
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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 deadlines and trial date is made by and between plaintiff John Utne and defendant
4 Home Depot U.S.A., Inc., through their respective counsel of record:
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1.

Pursuant to the Court’s Case Management Order (DE 116), as amended (DE 158),

6 Plaintiff has designated three experts for trial, and defendant has designated one expert.
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2.

Defendant has produced a voluminous quantity of material related to the expert report of

8 Robert Crandall, including 30 hard drives of video footage and 15,000 pages of documents. After meeting
9 and conferring, defendant has agreed to produce additional material to plaintiff in connection with Mr.
10 Crandall’s report to expedite completion of expert discovery.
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3.

Plaintiff’s expert, Dr. Jon Krosnick, has produced a 597-page report and a voluminous

12 documents and data that defendant’s expert needs time to review and analyze. In addition, on January 14,
13 2020 (DE 172), the Court overruled plaintiff’s objections to the Magistrate Judge’s December 27, 2019
14 Order Regarding Expert Discovery Dispute (DE 165) and compelled Dr. Krosnick to produce documents
15 and information related to individual respondents. Plaintiff also has agreed to produce additional material
16 to defendant after meeting and conferring in connection with the reports of its other experts.
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Given the volume of discovery and supplemental productions by the experts for both

18 sides, both plaintiff and defendant and their experts need additional time to review and analyze these
19 materials prior to conducting expert depositions and the presentation of rebuttal experts. The parties
20 believe the current expert discovery schedule is not feasible in light of these developments, including the
21 Court’s recent orders on discovery and the parties’ good faith efforts to resolve other matters related to
22 expert discovery.
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In addition, because much of the expert discovery relates to defendant’s pending motion

24 for decertification, and such discovery and the decertification motion will impact the parties’ preparation
25 for the pretrial conference and trial, the parties believe it is necessary to continue the briefing schedule and
26 hearing date for the pending decertification motion, all pretrial deadlines and the trial date.
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Based on the foregoing, the parties agree to extend all deadlines and dates in this case by

28 approximately 30 days. The parties respectfully request that the Court adopt the below proposed revised
-1JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES, PRETRIAL CONFERENCE AND TRIAL DATE

1 case schedule.
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PROPOSED DATE

EVENT
Rebuttal and Supplemental Expert Designation Deadline

March 2, 2020

Plaintiff’s Opposition to Defendant’s Decertification Motion Deadline

March 2, 2020

Defendant’s Reply ISO Defendant’s Decertification Motion Deadline

April 6, 2020

Last Day for Hearing Pretrial Motions

April 2, 2020

Completion of Expert Discovery

April 13, 2020

Hearing Date for Defendant’s Decertification Motion
Pretrial Conference

May 7, 2020, 1:30 p.m.
July 22, 2020, 10:00 a.m.

Trial Date

September 21, 2020

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The parties request however that as to the trial that the trial be dark on Jewish holidays that

13 may overlap with it, which some members of Plaintiff’s trial team observe, and that jurors may also observe.
14 Those dates include September 18 through 20 (Rosh Hashanah), September 28 (Yom Kippur), and October
15 3, 4, 10 and 11 (Sukkot).
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8.

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

Initial Case Management Conference and Order granting same (Dkt Nos. 17 and 18); Stipulation to
Continue Class Certification Briefing and Hearing and Order granting same (Dkt Nos. 35 ad 36); Stipulation
to Continue Briefing and Hearing and Order granting same (Dkt Nos. 110 and 111); Defendant’s Motion to
Enlarge Time to Oppose Plaintiff’s Motion for Partial Summary Judgment and Order granting same (Dkt
Nos. 122 and 124); Stipulation to Extend Plaintiff’s Deadline to Oppose Motion for Partial Summary
Judgment and Order Granting Same (Dkt 130); Stipulation to Extend Expert Deadlines, Defendant’s
Decertification Motion Deadline, Pretrial Conference and Trial Date (Dkt 144); Stipulation to Extend Expert
Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date (Dkt 151) and Stipulation to
Set Briefing Schedule and Hearing Date for Defendant’s Motion to Decertify (Dkt 155); and Stipulation to
Extend Expert Deadlines, Defendant’s Decertification Motion Briefing Deadlines, Pretrial Conference, and
Trial Date (DE 158).

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

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IT IS SO STIPULATED.

2 Dated: January 29, 2020
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SETAREH LAW GROUP

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By: ___/s/ Shaun Setareh__________________
Shaun Setareh
Attorneys for Plaintiff John Utne and the Class

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6 Dated: January 29, 2020
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AKIN GUMP STRAUSS HAUER & FELD LLP

By:

/s/ Donna M. Mezias
Donna M. Mezias
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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AS MODIFIED BY THE COURT

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

3 and hearing date are entered:
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PROPOSED DATE

EVENT

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Rebuttal and Supplemental Expert Designation Deadline

March 2, 2020

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Plaintiff’s Opposition to Defendant’s Decertification Motion Deadline

March 2, 2020

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Defendant’s Reply ISO Defendant’s Decertification Motion Deadline

April 6, 2020

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Last Day for Hearing Pretrial Motions

April 2, 2020

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Completion of Expert Discovery

April 13, 2020

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Hearing Date for Defendant’s Decertification Motion

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Pretrial Conference

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Trial Date

May 7, 2020, 1:30 p.m.
September 23,
July 22, 2020, 10:00 a.m.
October 13,
September 21, 2020

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14 Dated: ___________________
1/30/2020

______________________________
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