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

Filing 209

STIPULATION AND ORDER RE #208 Pre-Trial Schedule and Trial Date. Jury Selection/Trial set for 8/23/2021 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 8/11/2021 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 11/18/2020. (clS, COURT STAFF) (Filed on 11/18/2020)

Case 3:16-cv-01854-RS Document 209 Filed 11/18/20 Page 1 of 5

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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
5 similarly situated, and the general public;

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

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JOINT STIPULATION AND ORDER RE
PRE-TRIAL SCHEDULE AND TRIAL
DATE

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Plaintiff,
vs.

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HOME DEPOT U.S.A., INC., a Delaware
9 Corporation; and DOES 1-50, inclusive,
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Action Filed: March 8, 2016

Defendants.

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

Case 3:16-cv-01854-RS Document 209 Filed 11/18/20 Page 2 of 5

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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 September 21, 2020, the parties stipulated to a schedule to ensure sufficient

6 access to expert discovery before briefing defendant’s decertification motion. The Court entered
7 an Order amending the schedule on September 23, 2020. ECF No. 207.
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2.

The parties have been working diligently to complete expert discovery.

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3.

Plaintiff has continued concerns regarding the completeness of Home Depot’s

10 document productions and questions regarding the same. Home Depot disputes the purported
11 issues plaintiff has raised with respect to the productions. In light of these developments, the
12 parties have conferred and agreed it would assist the Court and the parties to allow the parties and
13 their experts additional time to work through these issues. The Parties have also agreed to continue
14 to meet and confer to address these issues, involving the experts if and as necessary.
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4.

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

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

Accordingly, the parties respectfully request the Court adopt the following

21 proposed revised case schedule:
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Event

Current Date

Proposed Date

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Rebuttal Expert Designation Deadline

Completed

Completed

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Deadline for Supplemental Expert Reports of Dr. November 30, 2020
Jon A. Krosnick and Mr. Robert Crandall
Deadline for Depositions of the Parties’ Currently- December 31, 2020
Designated Experts

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Completion of Expert Discovery

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December 31, 2020

February 1, 2021
March 1, 2021

March 1, 2021

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

Case 3:16-cv-01854-RS Document 209 Filed 11/18/20 Page 3 of 5

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April 5, 2021

Defendant’s Reply ISO Defendant’s Decertification February 22, 2021
Motion Deadline

April 26, 2021

Last Day for Hearing Pretrial Motions

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Plaintiff’s Opposition to Defendant’s Decertification February 1, 2021
Motion Deadline

March 4, 2021 (or
the earliest date
thereafter available
to the Court and
agreed upon by
both sides)

May 6, 2021 (or
the earliest date
thereafter available
to the Court and
agreed upon by
both sides)

Decertification March 4, 2021 (or
the earliest date
thereafter available
to the Court and
agreed upon by
both sides)

May 6, 2021 (or
the earliest date
thereafter available
to the Court and
agreed upon by
both sides)

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Hearing
Motion

Date

for

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Defendant’s

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Pretrial Conference

May 5, 2021, at August 4, 2021 at
10:30 a.m.
10:30 a.m.

Trial Date

May 24, 2021

August 23, 2021

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6.

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

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

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

Case 3:16-cv-01854-RS Document 209 Filed 11/18/20 Page 4 of 5

1 Deadlines, Pretrial Conference and Trial Date (ECF No. 180); and Stipulation to Extend Expert
2 Deadlines, Defendant’s Decertification Motion Briefing Deadlines, and Hearing on Motion to
3 Decertify (ECF No. 187); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No.
4 189); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 193); Stipulation and
5 Order re: Pre-Trial Schedule and Trial Date (ECF No. 205); Stipulation and Order re: Pre-Trial
6 Schedule and Trial Date (ECF No. 207).
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IT IS SO STIPULATED.

8 DATED: November 17, 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: November 17, 2020

MARLIN & SALTZMAN
SETAREH LAW GROUP

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By /s/ Stan Saltzman
Stan Saltzman
Attorneys for Plaintiff John Utne and the Class

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18 Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this
19 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 209 Filed 11/18/20 Page 5 of 5

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ORDER
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

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Deadline for Supplemental Expert Reports of Dr. Jon A. Krosnick February 1, 2021
and Mr. Robert Crandall

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Completed

Deadline for Depositions of the Parties’ Currently-Designated
Experts

March 1, 2021

Completion of Expert Discovery

March 1, 2021

Plaintiff’s Opposition to Defendant’s Decertification Motion
Deadline

April 5, 2021

Defendant’s Reply ISO Defendant’s Decertification Motion
Deadline

April 26, 2021

Last Day for Hearing Pretrial Motions

May 6, 2021

Hearing Date for Defendant’s Decertification Motion

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May 6, 2021

Pretrial Conference

August 11, 2021 at 10:00
a.m.

Trial Date

August 23, 2021

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Dated: November 18, 2020

_____________________________
Honorable Richard Seeborg
United States District Judge

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