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

Filing 54

STIPULATION AND ORDER RE #53 Granting Leave to File Third Amended Complaint and Resetting Summary Judgment and Class Certification Deadlines. Signed by Judge Richard Seeborg on 8/28/17. (cl, COURT STAFF) (Filed on 8/28/2017)

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DONNA M. MEZIAS (SBN 111902)
DOROTHY F. KASLOW (SBN 287112)
[e-mail]
[e-mail]
AKIN GUMP STRAUSS HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-765-9501
Attorneys for defendant HOME DEPOT
U.S.A., INC.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JOHN UTNE, on behalf of himself,
all others similarly situated, and the
general public,
Plaintiff,
vs.

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HOME DEPOT U.S.A., INC., a
Delaware corporation; and DOES 150, inclusive,

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Defendants.

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Case No. 3:16-CV-01854-RS
[Assigned to Hon. Richard Seeborg]
STIPULATION AND [PROPOSED]
ORDER GRANTING LEAVE TO
FILE THIRD AMENDED
COMPLAINT AND RESETTING
SUMMARY JUDGMENT AND
CLASS CERTIFICATION
DEADLINES
Date Action Filed: March 8, 2016

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT AND
RESETTING SUMMARY JUDGMENT AND CLASS CERTIFICATION DEADLINES

STIPULATION

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Plaintiff John Utne and defendant Home Depot U.S.A., Inc. (“Home Depot”),
through their respective counsel of record, stipulate as follows:
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In its July 7, 2017 Order, DE 36, the Court set the following deadlines:
a.

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certification;

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b.

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c.

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d.

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December 7, 2017 at 1:30 p.m. or as soon thereafter as the Court is
available – Hearing on plaintiff’s motion for class certification.

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November 3, 2017 – Deadline for plaintiff to file reply to Home
Depot’s opposition to plaintiff’s class certification motion; and

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October 5, 2017 – Deadline for Home Depot to file opposition to
motion for class certification;

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August 21, 2017 – Deadline for plaintiff to file motion for class

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On August 9, 2017, Home Depot filed a Motion for Partial Summary

Judgment on plaintiff’s rounding claim and related derivative claims.
3.

On August 16, 2017, plaintiff filed a Motion for Leave to File a Third

Amended Complaint and Modification of Briefing Schedule.
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On August 16, 2017 the court entered an Order vacating all existing motion

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deadlines and directing the parties to meet and confer regarding plaintiff’s motion for

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leave to file a third amended complaint and the existing motion and briefing schedules.

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5.

The parties have met and conferred and agreed on the following:
a.

Home Depot stipulates to plaintiff’s filing of the Third Amended

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Complaint attached as Exhibit 4 to H. Scott Leviant’s declaration in

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support of plaintiff’s motion for leave to amend, DE 50-1. The

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parties agree that the Third Amended Complaint will be deemed filed

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on August 29, 2017.

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b.

Home Depot’s Motion for Partial Summary Judgment, DE 39, is

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withdrawn without prejudice. Home Depot may re-file the motion,

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or file a new summary judgment motion, after the Third Amended
STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT AND
RESETTING SUMMARY JUDGMENT AND CLASS CERTIFICATION DEADLINES

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Complaint is filed. Home Depot expects to file such motion no later

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than October 31, 2017. The briefing schedule and hearing on Home

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Depot’s summary judgment motion will be set in accordance with

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Northern District Local Rules 7-1 through 7-3 based on the date

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Home Depot’s motion is filed.

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c.

Briefing deadlines for plaintiff’s motion for class certification will be

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as follows:

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• Plaintiff’s class certification motion to be filed by November 14,

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2017;

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• Defendant’s opposition to be filed January 9, 2018;

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• Plaintiff’s reply to be filed February 8, 2018;

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• The hearing on the motion to be scheduled February 22, 2018,

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1:30 p.m., or such other date that the Court is available.

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Dated: August 28, 2017

AKIN GUMP STRAUSS HAUER & FELD

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By:/S/ Donna M. Mezias
Donna M. Mezias
Attorneys for defendant Home Depot U.S.A., Inc.

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Dated: August 28, 2017

SETAREH LAW GROUP

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By:/S/ H. Scott Leviant
H. Scott Leviant
Attorneys for plaintiff John Utne

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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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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT AND
RESETTING SUMMARY JUDGMENT AND CLASS CERTIFICATION DEADLINES

[PROPOSED] ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED as follows:

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1.

The Court grants plaintiff leave to file the Third Amended Complaint

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attached as Exhibit 4 to H. Scott Leviant’s declaration in support of plaintiff’s motion

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for leave to amend, DE 50-1. The Third Amended Complaint will be deemed filed on

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August 29, 2017.

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2.

Home Depot’s Motion for Partial Summary Judgment, DE 39, is withdrawn

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without prejudice. Home Depot may re-file the motion, or file an expanded summary

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judgment motion based on the claims in the Third Amended Complaint. The briefing

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schedule and hearing on Home Depot’s summary judgment motion will be set in

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accordance with Northern District Local Rules 7-1 through 7-3.

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3.

The briefing deadlines for plaintiff’s motion for class certification will be

as follows:
a.

Plaintiff’s class certification motion to be filed by November 14,
2017;

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b.

Defendant’s opposition to be filed January 9, 2018;

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c.

Plaintiff’s reply to be filed February 8, 2018;

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d.

The hearing on the motion to be scheduled February 22, 2018, 1:30

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p.m., or such other date that the Court is available.

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IT IS SO ORDERED.

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8/28
Dated: _______________, 2017

______________________________
Honorable Richard Seeborg
United States District Judge

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT AND
RESETTING SUMMARY JUDGMENT AND CLASS CERTIFICATION DEADLINES