Bryde et al v. General Motors, LLC

Filing 44

ORDERTO CONTINUE ADR COMPLETION DATE AND MODIFY SCHEDULE granting 43 STIPULATION. Case Management Statement due by 11/7/2017. Further Case Management Conference set for 11/14/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Motion Hearing set for 8/15/2018 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 04/27/2017. (jmdS, COURT STAFF) (Filed on 4/27/2017)

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LIONEL Z. GLANCY (#134180)
MARK S. GREENSTONE (#199606)
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiffs

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GREGORY R. OXFORD (# 62333)
ISAACS CLOUSE CROSE & OXFORD LLP
21515 Hawthorne Boulevard, Suite 950
Torrance, California 90503
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant General Motors LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHILIP BRYDE, JENNIFER WATERS
and ALVIN NORTHINGTON, Individually
and on Behalf of All Others Similarly
Situated,

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Plaintiffs,
v.
GENERAL MOTORS, LLC,

Case No.: 3:16-cv-02421-WHO
Hon. William H. Orrick
JOINT STIPULATION AND ORDER
TO CONTINUE ADR COMPLETION
DATE AND MODIFY SCHEDULE
THROUGH CLASS CERTIFICATION
HEARING

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Defendant.
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JOINT STIPULATION AND ORDER
Case No.: 3:16-cv-02421-WHO
357498.1 CHEVYCAMARO

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Plaintiffs Philip Bryde, Jennifer Waters and Alvin Northington (“Plaintiffs”) and

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Defendant General Motors, LLC (“Defendant”), hereby submit the following Joint Stipulation

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and [Proposed] Order to Continue ADR Completion Date and Modify Schedule Through

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Class Certification Hearing.
WHEREAS on October 18, 2016 the Court issued an Order approving the parties’

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proposed deadline of April 29, 2017 to complete private ADR [ECF 37];

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WHEREAS on October 19, 2016 the Court issued a Minute Order [ECF 38] adopting
the parties’ proposed schedule through class certification and setting the following dates:

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Motion for class certification to be filed:
Opposition to be filed:
Reply to be filed:
Hearing on motion to certify:

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October 19, 2017
December 21, 2017
January 31, 2018
February 14, 2018 at 2:00 p.m.

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In addition, the Minute Order scheduled a Further Case Management Conference for May 16,
2017.
WHEREAS the parties have not previously requested an extension of the ADR
deadline or the schedule through class certification;

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WHEREAS, the parties have proceeded in good faith to litigate this case.

On

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December 1, 2016 Plaintiff served comprehensive sets of document requests and

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interrogatories, to which Defendant has provided responses and an initial document

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production. In addition, Defendant has served written discovery on Plaintiffs, and the parties

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are in the process of setting up a physical inspection of a Plaintiff vehicle; and

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WHEREAS, notwithstanding the parties’ good faith efforts to advance this matter,

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several issues have arisen which have slowed down the pace of discovery and require that

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additional time be built into the schedule. First, Plaintiffs’ lead counsel, Mark S. Greenstone,

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STIPULATION AND ORDER
Case No.: 3:16-cv-02421-WHO
-1357498.1 CHEVYCAMARO

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had a baby in the beginning of March 2017 and has had a reduced schedule for the last two

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months. Second, certain technical issues have arisen with Defendant’s document production

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that have unavoidably delayed its completion. Specifically, while GM produced over two

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thousand pages of documents in early March concerning the subject vehicles and their airbag

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systems, (1) design and testing activities for an important component in question (the

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Passenger Presence System sensor mat) go back several years before production of the 2010

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Camaro began in 2009, and many of these activities were conducted by third-party suppliers

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and sub-suppliers and a GM subsidiary in Australia, making retrieval of pertinent design and

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testing documents difficult and time-consuming; GM is still attempting to ascertain the

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existence and location of responsive documents; and (2) a last minute discovery that the

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pertinent warranty data gathered by GM was incomplete has required the gathering of

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additional data; the revised data should be produced in about ten days. Third, the parties have

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a disagreement as to the scope of discovery which they are currently attempting to resolve

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through the meet and confer process, in connection with which plaintiffs are in the process of

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preparing a proposed ESI protocol. Fourth, the mediator whom the parties have agreed use,

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Hon. Edward A. Infante (Ret.), will be on sabbatical from mid-July 2017 through the first

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week of October 2017. The parties have discussed their respective settlement positions and

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believe that the schedule extension requested herein will facilitate a more productive

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mediation.

Accordingly, the parties have reserved October 18 (subject to the Court’s

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approval) to conduct a full day mediation before Judge Infante.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT, subject
to the Court’s approval:

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STIPULATION AND ORDER
Case No.: 3:16-cv-02421-WHO
-2357498.1 CHEVYCAMARO

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The private ADR deadline is continued from April 29, 2017 to October 27,

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The Further Case Management Conference is continued from May 16, 2017 to

2017;

November 14, 2017; and,

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3.

The current schedule through certification is vacated, and the following

schedule is adopted:
Motion for class certification to be filed:
Opposition to be filed:
Reply to be filed:
Hearing on motion to certify:

April 20, 2018
June 15, 2018
July 27, 2018
August 15, 2018 at 2:00 p.m.

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Dated: April 25, 2017

GLANCY PRONGAY & MURRAY LLP

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By: s/ Mark S. Greenstone
Lionel Z. Glancy
Mark S. Greenstone
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs
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Dated: April 25, 2017

ISAACS CLOUSE CROSE & OXFORD LLP

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By: s/ Gregory R. Oxford
Gregory R. Oxford
21515 Hawthorne Boulevard, Suite 950
Torrance, California 90503
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant General Motors LLC

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STIPULATION AND ORDER
Case No.: 3:16-cv-02421-WHO
-3357498.1 CHEVYCAMARO

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General Order 45, Section X Certification

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The filing attorney hereby certifies that concurrence in the filing of the document has
been obtained from each signatory, in accordance with N.D. Cal. Gen. Order 45, Section

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X(B).

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STIPULATION AND ORDER
Case No.: 3:16-cv-02421-WHO
-4357498.1 CHEVYCAMARO

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[PROPOSED] ORDER

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Having reviewed the parties’ Joint Stipulation and [Proposed] Order to Continue ADR

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Completion Date and Modify Schedule Through Class Certification Hearing, and good cause

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appearing, IT IS HEREBY ORDERED THAT:
1.

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The private ADR deadline is continued from April 29, 2017 to October 27,

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The Further Case Management Conference is continued from May 16, 2017 to

2017;

November 14, 2017; and,

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3.

The current schedule through certification is vacated, and the following

schedule is adopted:
Motion for class certification to be filed:
Opposition to be filed:
Reply to be filed:
Hearing on motion to certify:

April 20, 2018
June 15, 2018
July 27, 2018
August 15, 2018 at 2:00 p.m.

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Dated: April 27, 2017

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_____________________________
The Honorable William H. Orrick
United States District Judge

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STIPULATION AND ORDER
Case No.: 3:16-cv-02421-WHO
-5357498.1 CHEVYCAMARO