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

Filing 205

STIPULATION AND ORDER RE #204 RE PRE-TRIAL SCHEDULE AND TRIAL DATE filed by Home Depot U.S.A., Inc.. Jury Selection/Trial set for 3/1/2021 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 2/10/2021 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 8/10/20. (cl, COURT STAFF) (Filed on 8/10/2020)

Case 3:16-cv-01854-RS Document 205 Filed 08/10/20 Page 1 of 6

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
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JOINT STIPULATION AND [PROPOSED]
ORDER RE PRE-TRIAL SCHEDULE
AND TRIAL DATE

Action Filed: March 8, 2016

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

JOINT STIPULATION AND [PROPOSED] ORDER

Case 3:16-cv-01854-RS Document 205 Filed 08/10/20 Page 2 of 6

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JOINT STIPULATION

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

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:
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1.

On May 20, 2020, the parties stipulated to a schedule to ensure sufficient access to

6 expert discovery before briefing defendant’s decertification motion. ECF No. 192. The Court
7 entered an Order amending the schedule on May 26, 2020. ECF No. 193.
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2.

The parties have exchanged rebuttal reports in accordance with the current schedule

9 and have been working diligently to complete expert discovery.
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3.

In light of developments during the expert-discovery period, including the opinions

11 contained in the parties’ rebuttal reports and the accompanying document productions, the parties
12 have conferred and agreed it would assist the Court and parties to allow plaintiff’s expert Dr. Jon
13 A. Krosnick and defendant’s expert Mr. Robert Crandall to submit supplemental expert reports.
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4.

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

15 decertification, the parties also believe it is appropriate to continue the briefing schedule and
16 hearing date for that motion. Further, defendant’s decertification motion might impact the parties’
17 preparation for the pretrial conference and trial, thus the parties believe it is necessary to continue
18 those dates.
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5.

Accordingly, the parties respectfully request the Court adopt the following

20 proposed revised case schedule:
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Event

Current Date

xxxxxxx
Proposed Date

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Rebuttal Expert Designation Deadline

April 30, 2020

Completed

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Deadline for Supplemental Expert Reports of Dr. N/A
Jon A. Krosnick and Mr. Robert Crandall
Deadline for Depositions of the Parties’ Currently- August 14, 2020
Designated Experts

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Completion of Expert Discovery

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August 14, 2020

Plaintiff’s Opposition to Defendant’s Decertification September 1, 2020
Motion Deadline

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September 21, 2020
October 5, 2020

October 5, 2020
November 5, 2020

Case No. 3:16-cv-01854-RS
JOINT STIPULATION AND [PROPOSED] ORDER

Case 3:16-cv-01854-RS Document 205 Filed 08/10/20 Page 3 of 6

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Defendant’s Reply ISO Defendant’s Decertification October 1, 2020
Motion Deadline

November 25, 2020

Last Day for Hearing Pretrial Motions

October 15, 2020

December 10, 2020
(or the earliest date
thereafter available
to the Court and
agreed upon by both
sides)

Decertification October 15, 2020

December 10, 2020
(or the earliest date
thereafter available
to the Court and
agreed upon by both
sides)

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Hearing
Motion

Date

for

Defendant’s

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Pretrial Conference

January 6, 2021, February 10, 2021,
10:30 a.m.
10:00 a.m.
January 25, 2021
March 1, 2021

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Trial Date

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6.

The parties reserve all rights as to the appropriateness of the content of the

16 supplemental reports, including the right to seek to exclude any opinions contained therein. Home
17 Depot reserves the right to include in this stipulated supplemental report of Mr. Crandall the same
18 or similar information contained in the prior Supplemental Declaration of Robert Crandall, which
19 Home Depot sought leave to file on June 30, 2020. See ECF No. 195.
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7.

It is Plaintiff’s position that the Magistrate Judge already issued an order excluding

21 new expert opinions based on a change in company policy that was put in place in 2018, but not
22 disclosed to Plaintiff until 2020. See ECF No. 203. It is further Plaintiff’s position that the
23 purpose of the requested extension is to allow the experts time to review, analyze and form
24 opinions based on the large volume of underlying support materials for each side’s rebuttal report,
25 unrelated to the materials discussed in ECF No. 195.
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8.

Plaintiff further contends that extensive additional discovery would be required if

27 the experts were permitted to base their opinions on the newly-disclosed policy change previously
28 excluded by Magistrate Judge Kim, which would include, inter alia: (1) deposing some or all of

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Case No. 3:16-cv-01854-RS
JOINT STIPULATION AND [PROPOSED] ORDER

Case 3:16-cv-01854-RS Document 205 Filed 08/10/20 Page 4 of 6

1 the managers employed by Home Depot at the locations included in Mr. Crandall’s study
2 discussed in ECF No. 195 to determine facts such as whether they were aware of the new policy, if
3 they followed the new policy, if they enforced the new policy, etc.; (2) deposing a sample of new
4 hires at the stores included in Mr. Crandall’s study to determine if the new policy was ever
5 disclosed to them, and related issues, and (3) possibly having to retain a new expert and/or expand
6 the scope of Dr. Krosnick’s current study to address the new issues raised in the Crandall study
7 discussed in ECF N. 195.
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9.

It is Home Depot’s position that the parties’ agreement to supplemental reports has

9 changed the circumstances that provided the basis for Magistrate Judge Kim’s order, such that this
10 supplement is now appropriate. See ECF No. 203 (“The District Court set a schedule for expert
11 reports long ago, and those deadlines have passed.”).
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10.

Plaintiff disagrees and is reserving his right to move to strike this material from Mr.

13 Crandall’s supplemental report. However, in the interest of moving the action forward and
14 minimizing disputes, the parties will address this issue at a later time, to the extent it is necessary.
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11.

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

16 Continue Initial Case Management Conference and Order granting same (ECF Nos. 17 and 18);
17 Stipulation to Continue Class Certification Briefing and Hearing and Order granting same (ECF
18 Nos. 35 ad 36); Stipulation to Continue Briefing and Hearing and Order granting same (ECF Nos.
19 110 and 111); Defendant’s Motion to Enlarge Time to Oppose Plaintiff’s Motion for Partial
20 Summary Judgment and Order granting same (ECF Nos. 122 and 124); Stipulation to Extend
21 Plaintiff’s Deadline to Oppose Motion for Partial Summary Judgment and Order Granting Same
22 (ECF No. 130); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion
23 Deadline, Pretrial Conference and Trial Date (ECF No. 144); Stipulation to Extend Expert
24 Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date (ECF No. 151);
25 Stipulation to Set Briefing Schedule and Hearing Date for Defendant’s Motion to Decertify (ECF
26 No. 155); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion Briefing
27 Deadlines, Pretrial Conference and Trial Date (ECF No. 180); and Stipulation to Extend Expert
28 Deadlines, Defendant’s Decertification Motion Briefing Deadlines, and Hearing on Motion to

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Case No. 3:16-cv-01854-RS
JOINT STIPULATION AND [PROPOSED] ORDER

Case 3:16-cv-01854-RS Document 205 Filed 08/10/20 Page 5 of 6

1 Decertify (ECF No. 187); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No.
2 189); and Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 193).
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IT IS SO STIPULATED.

4 DATED: August 9, 2020

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By /s/ Shon Morgan
Shon Morgan
Attorneys for Defendant Home Depot U.S.A., Inc.

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DATED: August 9, 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

Case 3:16-cv-01854-RS Document 205 Filed 08/10/20 Page 6 of 6

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[PROPOSED] ORDER

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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 Expert Designation Deadline

Completed

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Deadline for Supplemental Expert Reports of Dr. Jon A. Krosnick September 21, 2020
and Mr. Robert Crandall
Deadline for Depositions of the Parties’ Currently-Designated October 5, 2020
Experts

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Completion of Expert Discovery

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October 5, 2020

Plaintiff’s Opposition to Defendant’s Decertification Motion November 5, 2020
Deadline
Defendant’s Reply ISO Defendant’s Decertification Motion November 25, 2020
Deadline
Last Day for Hearing Pretrial Motions

December 10, 2020 (or the
earliest
date
thereafter
available to the Court and
agreed upon by both sides)

Hearing Date for Defendant’s Decertification Motion

December 10, 2020 (or the
earliest
date
thereafter
available to the Court and
agreed upon by both sides)

Pretrial Conference
Trial Date

February 10, 2021, 10:00 a.m.
March 1, 2021

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8/10/2020
Dated: _________________

_____________________________
Honorable Richard Seeborg
United States District Judge

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Case No. 3:16-cv-01854-RS
JOINT STIPULATION AND [PROPOSED] ORDER