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

Filing 188

STIPULATION AND ORDER RE #187 to Extend Expert Deadlines, Defendant's Decertification Motion Briefing Deadlines and Hearing on Motion to Decertify AS MODIFIED BY THE COURT. Signed by Judge Richard Seeborg on 2/27/2020. (cl, COURT STAFF) (Filed on 2/27/2020)

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

Case No.3:16-cv-01854-RS
JOINT STIPULATION AND ORDER TO
EXTEND EXPERT DEADLINES,
DEFENDANT’S
DECERTIFICATION MOTION
BRIEFING DEADLINES AND HEARING
ON MOTION TO DECERTIFY
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 AND HEARING ON MOTION TO DECERTIFY

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JOINT STIPULATION
This Joint Stipulation to extend expert deadlines, Defendant’s decertification motion briefing
deadlines, hearing on motion to decertify and pretrial conference is made by and between Plaintiff
John Utne (“Plaintiff”) and Defendant Home Depot U.S.A., Inc. (“Defendant”), through their
respective counsel of record, with reference to the following facts:
1. Both parties have designated experts for trial.
2. The parties have met and conferred regarding scheduling issues and need to make some
changes to the deadlines set in the Court’s order of January 30, 2020 (ECF No. 181). The
proposed changes to the deadlines are intended to make expert discovery more efficient and
ensure parties have full access to expert discovery before briefing Defendant’s Decertification
Motion.
3. The requested edits to the deadlines will not require a continuance of the trial date of October
13, 2020.
4. The parties have stipulated to allow ten (10) extra pages per side on the decertification briefing
for the purposes of discussing any objections to the expert reports.
5. Accordingly, the parties respectfully request that the Court adopt the below proposed revised
case deadlines and enter an order permitting the parties ten (10) extra pages per side for the
opposition to and reply in support of Defendant’s decertification motion.

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CURRENT DATE

EVENT

PROPOSED DATE

Rebuttal and Supplemental Expert Designation Deadline

March 2, 2020

March 16, 2020

Parties complete the depositions of the designated experts

N/A

March 31, 2020

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Completion of Expert Discovery

April 13, 2020

April 13, 2020

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Plaintiff’s Opposition to Decertification Motion Deadline

March 2, 2020

April 14, 2020

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Defendant’s Reply ISO Decertification Motion Deadline

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Last day for hearing pretrial motions

April 6, 2020
April 2, 2020

May 12, 2020
May 26, 2020 at 1:30
p.m. or earliest date
available to the Court
and agreed to by both
sides
May 26, 2020 at 1:30
p.m. or earliest date

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Hearing Date for Decertification Motion

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May 7, 2020, 1:30
p.m.

JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES AND HEARING ON MOTION TO DECERTIFY

available to the Court
and agreed to by both
sides

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N/A

Hearing on Objections to experts for purposes of
Decertification Motion

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N/A

Hearing on any pre-trial motions

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May 26, 2020 at 1:30
p.m. or earliest date
available to the Court
and agreed to by both
sides
May 26, 2020 at 1:30
p.m. or earliest date
available to the Court
and agreed to by both
sides

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6. 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);

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

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155); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion Briefing

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Deadlines, Pretrial Conference, and Trial Date (Dkt. 158); and Stipulation to Extend Expert

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Deadlines, Defendant’s Decertification Motion Briefing Deadlines, Pretrial Conference, and

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Trial Date (Dkt. 181).

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IT IS SO STIPULATED.

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-2JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEADLINES, DEFENDANT’S
DECERTIFICATION MOTION BRIEFING DEADLINES AND HEARING ON MOTION TO DECERTIFY

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Dated: February 26, 2020

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

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7 Dated: February 26, 2020
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Quinn Emanuel Urquhart & Sullivan, LLP
By:

/s/ Shon Morgan
Shon Morgan
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 AND HEARING ON MOTION TO DECERTIFY

ORDER [AS MODIFIED BY THE COURT]

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following deadlines
and hearing date are entered:

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EVENT

DATE

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Rebuttal and Supplemental Expert Designation Deadline

March 16, 2020

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Parties complete the depositions of the designated experts

March 31, 2020

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Completion of Expert Discovery

April 13, 2020

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Plaintiff’s Opposition to Decertification Motion Deadline

April 14, 2020

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Defendant’s Reply ISO Decertification Motion Deadline

May 12, 2020
May 28, 2020 at 1:30 p.m.

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Last day for hearing pretrial motions

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May 28, 2020 at 1:30 p.m.

Hearing Date for Decertification Motion
Hearing on Objections to experts for purposes of motion to

May 28, 2020 at 1:30 p.m.

decertify
May 28, 2020 at 1:30 p.m.

Hearing on any pre-trial motions

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The Court further orders that the parties’ page limitations for briefing on Defendant’s

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Motion to Decertify shall be increased by five (5) pages per side. Accordingly, Plaintiff shall have

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thirty (30) pages for its brief in opposition to Defendant’s Motion to Decertify and Defendant

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shall have twenty (20) pages for its reply brief in support of its Motion to Decertify.

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February 27, 2020
22 Dated: ___________________

______________________________
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 AND HEARING ON MOTION TO DECERTIFY