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)

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Case 3:16-cv-01854-RS Document 209 Filed 11/18/20 Page 1 of 5 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 JOHN UTNE, on behalf of himself, all others 5 similarly situated, and the general public; CASE No. 3:16-cv-01854-RS 6 JOINT STIPULATION AND ORDER RE PRE-TRIAL SCHEDULE AND TRIAL DATE 7 Plaintiff, vs. 8 HOME DEPOT U.S.A., INC., a Delaware 9 Corporation; and DOES 1-50, inclusive, 10 Action Filed: March 8, 2016 Defendants. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- 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 1 JOINT STIPULATION 2 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: 5 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. 8 2. The parties have been working diligently to complete expert discovery. 9 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. 15 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. 20 5. Accordingly, the parties respectfully request the Court adopt the following 21 proposed revised case schedule: 22 Event Current Date Proposed Date 23 Rebuttal Expert Designation Deadline Completed Completed 24 26 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 27 Completion of Expert Discovery 25 December 31, 2020 February 1, 2021 March 1, 2021 March 1, 2021 28 -1- 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 1 3 April 5, 2021 Defendant’s Reply ISO Defendant’s Decertification February 22, 2021 Motion Deadline April 26, 2021 Last Day for Hearing Pretrial Motions 2 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) 4 5 6 7 8 9 Hearing Motion Date for 10 11 Defendant’s 12 13 14 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 15 16 17 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 -2- 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). 7 IT IS SO STIPULATED. 8 DATED: November 17, 2020 QUINN EMANUEL URQUHART & SULLIVAN, LLP 9 10 By /s/ Shon Morgan Shon Morgan Attorneys for Defendant Home Depot U.S.A., Inc. 11 12 13 DATED: November 17, 2020 MARLIN & SALTZMAN SETAREH LAW GROUP 14 15 16 By /s/ Stan Saltzman Stan Saltzman Attorneys for Plaintiff John Utne and the Class 17 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. 20 21 22 23 24 25 26 27 28 -3- 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 1 2 ORDER GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following 3 deadlines and hearing date are entered: 4 Event Date 5 Rebuttal Expert Designation Deadline 6 Deadline for Supplemental Expert Reports of Dr. Jon A. Krosnick February 1, 2021 and Mr. Robert Crandall 7 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 8 May 6, 2021 Pretrial Conference August 11, 2021 at 10:00 a.m. Trial Date August 23, 2021 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Dated: November 18, 2020 _____________________________ Honorable Richard Seeborg United States District Judge 23 24 25 26 27 28 -4- Case No. 3:16-cv-01854-RS JOINT STIPULATION AND [PROPOSED] ORDER

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