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

Filing 215

JOINT STIPULATION AND ORDER RE #214 Discovery, Pretrial Schedule and Trial Date AS MODIFIED BY THE COURT. Jury Selection/Trial set for 11/15/2021 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 11/3/2021 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Chief Judge Richard Seeborg on 2/22/2021. (clS, COURT STAFF) (Filed on 2/22/2021)

1 SETAREH LAW GROUP
Shaun Setareh, Esq. (SBN 204514)
2 Thomas Segal, Esq. (SBN 222791)
315 South Beverly Drive, Suite 315
3 Beverly Hills, California 90212
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]

MARLIN & SALTZMAN
Stanley D. Saltzman, Esq. (SBN 90058)
Karen I. Gold, Esq. (SBN 258360)
29800 Agoura Road, Suite 210
Agoura Hills, California 91301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

6 Attorneys for Plaintiffs, individually and on
behalf of all others similarly situated and
7 aggrieved
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QUINN EMANUEL URQUHART & SULLIVAN, LLP
9 Shon Morgan (Bar No. 187736)
[e-mail]
10 John W. Baumann (Bar No. 288881)
[e-mail]
11 865 South Figueroa Street, 10th Floor
Los Angeles, California 90017-2543
12 Telephone: [phone]
Facsimile: [phone]
13
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

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JOHN UTNE, on behalf of himself, all others
18 similarly situated, and the general public;

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

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JOINT STIPULATION AND ORDER RE
DISCOVERY, PRE-TRIAL SCHEDULE
AND TRIAL DATE AS MODIFIED BY
THE COURT

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Plaintiff,
vs.

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

Action Filed: March 8, 2016

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

JOINT STIPULATION AND [PROPOSED] ORDER

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JOINT STIPULATION
This Joint Stipulation is made by and between plaintiff John Utne and defendant Home

3 Depot U.S.A., Inc., through their respective counsel of record:
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1.

On January 19, 2021, the parties stipulated to a schedule to ensure sufficient access

5 to expert discovery before briefing defendant’s decertification motion. The Court entered an Order
6 amending the schedule on January 21, 2021. [ECF No. 213].
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2.

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

8 document production and questions regarding the same. Home Depot disputes the purported issues
9 with the productions.
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3.

On February 5, 2021, Plaintiff’s counsel sent Home Depot’s counsel his portion of

11 a Joint Letter Regarding Discovery Dispute (“Discovery Letter”) pursuant to this Court’s Order
12 Referring Discovery Disputes. In the Discovery Letter, Plaintiff requested various forms of issue
13 and monetary sanctions to address the perceived problems with Home Depot’s document
14 production. Home Depot disputes the purported issues raised in the Discovery Letter.
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4.

On February 9, 2021, Home Depot’s counsel requested a telephonic meet-and-

16 confer with lead trial counsel to discuss the issues raised in the Discovery Letter.
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5.

On February 10, 2021, counsel (including lead trial counsel) met-and-conferred

18 telephonically to discuss the issues raised in the Discovery Letter. During the meet-and-confer
19 call, Home Depot’s counsel agreed—as a compromise and to avoid a dispute—to, inter alia:
20 (1) look into whether Home Depot could reproduce its time and pay records in a different format;
21 (2) waive the discovery cut-off deadline for purposes of producing Rule 30(b)(6) witness(es)
22 knowledgeable about various aspects of the time and pay records produced by Home Depot (to the
23 extent plaintiff determines, after the review of a sample of reproduced time and pay records, that
24 his questions would not be addressed through the reproduction of time and pay records in the
25 format plaintiff requested, should Home Depot be able to reproduce those records); and
26 (3) stipulate to continue all pending deadlines to give the parties time to resolve these issues.
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6.

Accordingly, the parties respectfully request the Court adopt the following

28 proposed revised case schedule:

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

JOINT STIPULATION AND [PROPOSED] ORDER

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Event

Current Date

Date

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Rebuttal Expert Designation Deadline

Completed

Completed

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Deadline for Supplemental Expert Reports of Dr. February 22, 2021
Jon A. Krosnick and Mr. Robert Crandall
Deadline for Depositions of the Parties’ Currently- March 15, 2021
Designated Experts

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May 21, 2021
June 18, 2021

Completion of Expert Discovery
March 15, 2021
Plaintiff’s Opposition to Defendant’s Decertification April 5, 2021
Motion Deadline

June 18, 2021
July 16, 2021

Defendant’s Reply ISO Defendant’s Decertification April 26, 2021
Motion Deadline

August 6, 2021

Last Day for Hearing Pretrial Motions

May 6, 2021
August 19, 2021

Hearing Date for
Motion
Pretrial Conference

Defendant’s

Decertification May 6, 2021
August 19, 2021
August 11, 2021 at November 3, 2021 at
10:00 a.m.
10:00 a.m.
August 23, 2021
November 15, 2021

Trial Date
7.

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

1 Decertify (ECF No. 187); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No.
2 189); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 193); Stipulation and
3 Order re: Pre-Trial Schedule and Trial Date (ECF No. 205); Stipulation and Order re: Pre-Trial
4 Schedule and Trial Date (ECF No. 207); Stipulation and Order re: Pre-Trial Schedule and Trial
5 Date (ECF No. 209); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 213).
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IT IS SO STIPULATED.

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DATED: February 22, 2021

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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

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DATED: February 22, 2021

MARLIN & SALTZMAN
SETAREH LAW GROUP

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By /s/ Karen I. Gold
Stan Saltzman
Karen I. Gold
Attorneys for Plaintiff John Utne and the Class

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22 Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this
23 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

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ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following

3 deadlines and hearing dates 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 May 21, 2021
and Mr. Robert Crandall
Deadline for Depositions of the Parties’ Currently-Designated June 18, 2021
Experts

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Completion of Expert Discovery
June 18, 2021
Plaintiff’s Opposition to Defendant’s Decertification Motion July 16, 2021
Deadline

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Defendant’s Reply ISO Defendant’s Decertification Motion August 6, 2021
Deadline

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Last Day for Hearing Pretrial Motions

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August 19, 2021
Hearing Date for Defendant’s Decertification Motion
August 19, 2021
November 3, 2021 at
10:00 a.m.
November 15, 2021

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Pretrial Conference
Trial Date

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Dated: February 22, 2021

_____________________________
Honorable Richard Seeborg
Chief United States District Judge

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

JOINT STIPULATION AND [PROPOSED] ORDER