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

Filing 221

STIPULATION AND ORDER RE #220 Discovery, Pretrial Schedule and Trial Date AS MODIFIED BY THE COURT. Jury Selection/Trial set for 6/6/2022 at 08:30 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 5/25/2022 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 8/3/2021. (clS, COURT STAFF) (Filed on 8/3/2021)

Case 3:16-cv-01854-RS Document 221 Filed 08/03/21 Page 1 of 6

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]
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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

Case 3:16-cv-01854-RS Document 221 Filed 08/03/21 Page 2 of 6

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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 February 22, 2021, the parties stipulated to a schedule to ensure sufficient

5 access to expert discovery before briefing defendant’s decertification motion. The Court entered
6 an Order amending the schedule on that same day. [ECF No. 215].
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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.

The parties continued to meet-and-confer over the issue, and on May 7, 2021,

28 Home Depot’s counsel informed Plaintiffs’ counsel that Home Depot could produce the time

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JOINT STIPULATION AND [PROPOSED] ORDER

Case 3:16-cv-01854-RS Document 221 Filed 08/03/21 Page 3 of 6

1 records in a format substantially similar to the format Plaintiffs requested, but that doing so would
2 take approximately 400 man hours. The parties continued to meet-and-confer extensively over the
3 next two months in an effort to ensure that any new productions or re-productions of the records
4 would resolve the pending issues. These meet-and-confer efforts took considerable time as they
5 required repeated back-and-forth between counsel, the parties, and the experts.
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7.

On July 30, 2021, the parties finally reached an agreement regarding the

7 production/re-production of the time records, pay records and class list. Plaintiff agrees that if
8 Home Depot’s new productions or re-productions of the records complies with the agreements
9 reached between the parties as memorialized in the emails sent between them throughout the meet10 and-confer process, it will resolve the pending issues pertaining to the form of the time records,
11 pay records, and class list.
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8.

In light of the parties’ prior discussions and agreements, plaintiffs are not presently

13 aware of any material information they believe would be omitted from the contemplated
14 production, but reserve the right seek court intervention in the event of a potential unforeseen issue
15 with the completeness of the production.
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9.

Home Depot will begin compiling the necessary records for production, which

17 Home Depot estimates will take approximately 400 man hours.
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10.

Accordingly, the parties respectfully request the Court adopt the following

19 proposed revised case schedule:
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Event

Current Date

Date

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Rebuttal Expert Designation Deadline

Completed

Completed

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Deadline for Home Depot to file Supplemental n/a
Submission in Support of its Motion to Decertify,
Addressing the Recent Decisions In Olean
Wholesale Grocery Coop., Inc. v. Bumble Bee Foods
LLC, 993 F.3d 774 (9th Cir. 2021) and TransUnion

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August 27, 2021
(subject to the Court
granting leave to
supplement)

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

JOINT STIPULATION AND [PROPOSED] ORDER

Case 3:16-cv-01854-RS Document 221 Filed 08/03/21 Page 4 of 6

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LLC v. Ramirez, No. 20-297, 2021 WL 2599472, at
*1 (U.S. June 25, 2021)1
Deadline for Home Depot to submit any n/a
supplemental time records
Deadline for Supplemental Expert Reports
May 21, 2021
Deadline for Depositions of the Parties’ Currently- June 18, 2021
Designated Experts

October 15, 2021
December 17, 2021
January 21, 2022

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

January 21, 2022
February 18, 2022

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

March 11, 2022

Last Day for Hearing Pretrial Motions
August 20, 2021
Hearing Date for Defendant’s Decertification
August 20, 2021
Motion
Pretrial Conference
November 3, 2021
at 10:00 a.m.
Trial Date
November 15, 2021

March 24, 2022

11.

March 24, 2022
May 25, 2022
June 6, 2022

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

15 Continue Initial Case Management Conference and Order granting same (ECF Nos. 17 and 18);
16 Stipulation to Continue Class Certification Briefing and Hearing and Order granting same (ECF
17 Nos. 35 ad 36); Stipulation to Continue Briefing and Hearing and Order granting same (ECF Nos.
18 110 and 111); Defendant’s Motion to Enlarge Time to Oppose Plaintiff’s Motion for Partial
19 Summary Judgment and Order granting same (ECF Nos. 122 and 124); Stipulation to Extend
20 Plaintiff’s Deadline to Oppose Motion for Partial Summary Judgment and Order Granting Same
21 (ECF No. 130); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion
22 Deadline, Pretrial Conference and Trial Date (ECF No. 144); Stipulation to Extend Expert
23 Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date (ECF No. 151);
24 Stipulation to Set Briefing Schedule and Hearing Date for Defendant’s Motion to Decertify (ECF
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1
The parties have agreed to this short supplemental submission in exchange for a reciprocal
26 extension of the page limitation for plaintiff’s opposition brief (approximately five pages). Home
Depot will be filing a separate administrative motion seeking leave to submit this supplement, but
27 the parties desired to include a deadline for this submission (in the event leave is granted) to
ensure a complete scheduling order covering all relevant dates is in place.
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1 No. 155); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion Briefing
2 Deadlines, Pretrial Conference and Trial Date (ECF No. 180); and Stipulation to Extend Expert
3 Deadlines, Defendant’s Decertification Motion Briefing Deadlines, and Hearing on Motion to
4 Decertify (ECF No. 187); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No.
5 189); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 193); Stipulation and
6 Order re: Pre-Trial Schedule and Trial Date (ECF No. 205); Stipulation and Order re: Pre-Trial
7 Schedule and Trial Date (ECF No. 207); Stipulation and Order re: Pre-Trial Schedule and Trial
8 Date (ECF No. 209); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 213);
9 Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 215); Stipulation and Order
10 re: Pre-Trial Schedule and Trial Date (ECF No. 216); and Stipulation and Order re: Pre-Trial
11 Schedule and Trial Date (ECF No. 218).
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IT IS SO STIPULATED.

13 DATED: July 30, 2021
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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

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DATED: July 30, 2021

MARLIN & SALTZMAN
SETAREH LAW GROUP

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

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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 3:16-cv-01854-RS Document 221 Filed 08/03/21 Page 6 of 6

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ORDER
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following

3 deadlines and hearing dates are entered:
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Event

New Date

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Rebuttal Expert Designation Deadline

Completed

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Deadline for Home Depot to file Supplemental Submission in
Support of its Motion to Decertify, Addressing the Recent
Decisions In Olean Wholesale Grocery Coop., Inc. v. Bumble
Bee Foods LLC, 993 F.3d 774 (9th Cir. 2021) and TransUnion
LLC v. Ramirez, No. 20-297, 2021 WL 2599472, at *1 (U.S.
June 25, 2021)
Deadline for Home Depot to submit any supplemental time
records
Deadline for Supplemental Expert Reports
Deadline for Depositions of the Parties’ Currently-Designated
Experts

August
27,
2021
(subject to the Court
granting
leave
to
supplement)

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October 15, 2021
December 17, 2021
January 21, 2022

Completion of Expert Discovery
January 21, 2022
Plaintiff’s Opposition to Defendant’s Decertification Motion February 18, 2022
Deadline
Defendant’s Reply ISO Defendant’s Decertification Motion March 11, 2022
Deadline
Last Day for Hearing Pretrial Motions
Hearing Date for Defendant’s Decertification Motion
Pretrial Conference
Trial Date

March 24, 2022
March 24, 2022
May 25, 2022
June 6, 2022

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23 Dated: 8/3/2021

_____________________________
Honorable Richard Seeborg
United States District Judge

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

JOINT STIPULATION AND [PROPOSED] ORDER