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

Filing 190

STIPULATION AND ORDER RE #189 re Pretrial Schedule and Trial Date AS MODIFIED BY THE COURT. Jury Selection/Trial set for 12/7/2020 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 11/18/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 3/17/2020. (cl, COURT STAFF) (Filed on 3/17/2020) Modified on 3/17/2020 (cl, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Shon Morgan (Bar No. 187736)
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([e-mail])
Duane Lyons (Bar No, 125091)
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([e-mail])
Joseph C. Sarles (Bar No. 254750)
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([e-mail])
John W. Baumann (Bar No. 288881
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([e-mail])
865 South Figueroa Street, 10th Floor
6 Los Angeles, California 90017-2543
Telephone:
[phone]
7 Facsimile:
[phone]
8 Attorneys for Defendant Home Depot U.S.A.,
Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

13 JOHN UTNE, on behalf of himself, all others
similarly situated, and the general public;
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Plaintiff,
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vs.

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17 HOME DEPOT U.S.A., INC., a Delaware
Corporation; and DOES 1-50, inclusive,
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Defendants.
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CASE No. 3:16-cv-01854-RS
JOINT STIPULATION AND ORDER RE
PRE-TRIAL SCHEDULE AND TRIAL
DATE AS MODIFIED BY THE COURT

Action Filed: March 8, 2016

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Case No.

MOTION

3:16-cv-01854-RS

JOINT STIPULATION AND [PROPOSED] ORDER

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JOINT STIPULATION
This Joint Stipulation to extend expert deadlines, defendant’s decertification motion

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

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On February 26, 2020, the parties stipulated to a schedule to ensure sufficient

6 access to expert discovery before briefing defendant’s decertification motion. ECF No. 187. The
7 Court entered an Order amending the schedule on February 27, 2020. ECF No. 188.
2.

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The parties have been working diligently to prepare rebuttal reports and to

9 complete expert discovery. However, in light of the coronavirus pandemic and restrictions on
10 travel and in-person, group meetings, the parties have conferred and agreed adjustments to the
11 schedule are warranted, particularly because many experts must travel by air for depositions and
12 the age of certain experts and counsel increases susceptibility to the virus.
3.

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Because much of the expert discovery relates to defendant’s pending motion for

14 decertification, the parties also believe it is appropriate to continue the briefing schedule and
15 hearing date for that motion. Further, defendant’s decertification motion might impact the parties’
16 preparation for the pretrial conference and trial, thus the parties believe it is necessary to continue
17 those dates.
4.

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The parties respectfully request the Court adopt the following proposed revised

19 case schedule:
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Event

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Rebuttal and
Deadline

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Current Date
Supplemental

Expert

Designation March 16, 2020

Proposed Date
April 30, 2020

Deadline for Depositions of the Parties’ Currently- March 31, 2020
Designated Experts

June 1, 2020

Completion of Expert Discovery

April 13, 2020

June 15, 2020

Plaintiff’s Opposition to Defendant’s Decertification April 14, 2020
Motion Deadline

June 30, 2020

Defendant’s Reply ISO Defendant’s Decertification May 12, 2020
Motion Deadline

July 30, 2020

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Case No.

3:16-cv-01854-RS

JOINT STIPULATION AND [PROPOSED] ORDER

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Last Day for Hearing Pretrial Motions

May 28, 2020 at August 13, 2020
1:30 p.m.
(or the earliest date
thereafter available
to the Court and
agreed upon by
both sides)

Hearing Date for Defendant’s Decertification Motion

May 28, 2020 at August 13, 2020
1:30 p.m.
(or the earliest date
thereafter available
to the Court and
agreed upon by
both sides)

Pretrial Conference

September 23, November
18,
2020, 10:00 a.m. 2020, 10:30 a.m.

Trial Date

October 13, 2020 December 8, 2020

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5.

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

Continue Initial Case Management Conference and Order granting same (ECF Nos. 17 and 18);
Stipulation to Continue Class Certification Briefing and Hearing and Order granting same (ECF
Nos. 35 ad 36); Stipulation to Continue Briefing and Hearing and Order granting same (ECF Nos.
110 and 111); Defendant’s Motion to Enlarge Time to Oppose Plaintiff’s Motion for Partial
Summary Judgment and Order granting same (ECF Nos. 122 and 124); Stipulation to Extend
Plaintiff’s Deadline to Oppose Motion for Partial Summary Judgment and Order Granting Same
(ECF No. 130); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion
Deadline, Pretrial Conference and Trial Date (ECF No. 144); Stipulation to Extend Expert
Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date (ECF No. 151);
Stipulation to Set Briefing Schedule and Hearing Date for Defendant’s Motion to Decertify (ECF
No. 155); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion Briefing
Deadlines, Pretrial Conference and Trial Date (ECF No. 180); and Stipulation to Extend Expert
Deadlines, Defendant’s Decertification Motion Briefing Deadlines, and Hearing on Motion to
Decertify (ECF No. 187).

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Case No.

3:16-cv-01854-RS

JOINT STIPULATION AND [PROPOSED] ORDER

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IT IS SO STIPULATED.

2 DATED: March 16, 2020
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By /s/ Shon Morgan
Shon Morgan
Attorneys for Defendant Home Depot U.S.A., Inc.

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

DATED: March 16, 2020

SETAREH LAW GROUP

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By /s/ Shaun Setareh
Shaun Setareh
Attorneys for Plaintiff John Utne and the Class
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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Case No.

3:16-cv-01854-RS

JOINT STIPULATION AND [PROPOSED] ORDER

ORDER [AS MODIFIED BY THE COURT]

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following

3 deadlines and hearing date are entered:
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Event

Date

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Rebuttal and Supplemental Expert Designation Deadline

April 30, 2020

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Deadline for Depositions of the Parties’ Currently-Designated Experts

June 1, 2020

Completion of Expert Discovery

June 15, 2020

Plaintiff’s Opposition to Defendant’s Decertification Motion Deadline

June 30, 2020

Defendant’s Reply ISO Defendant’s Decertification Motion Deadline

July 30, 2020

Last Day for Hearing Pretrial Motions

August 13, 2020

Hearing Date for Defendant’s Decertification Motion

August 13, 2020

Pretrial Conference

November
10:00 a.m.

Trial Date

December 7, 2020

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2020,

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3/17/2020
Dated: _________________

_____________________________
Honorable Richard Seeborg
United States District Judge

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Case No.

3:16-cv-01854-RS

JOINT STIPULATION AND [PROPOSED] ORDER