Crago v. Charles Schwab & Co., Inc. et al

Filing 142

JOINT STIPULATION AND ORDER FOR EXTENSION OF CLASS CERTIFICATION SCHEDULE. Motion Hearing set for 1/30/2020 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 12/13/18. (cl, COURT STAFF) (Filed on 12/13/2018)

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LIONEL Z. GLANCY (#134180)
[e-mail]
JOSHUA L. CROWELL (#295411)
[e-mail]
GARTH SPENCER
[e-mail]
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
LAWRENCE P. EAGEL
[e-mail]
DAVID J. STONE (#208961)
[e-mail]
MELISSA A. FORTUNATO (#319767)
[e-mail]
BRAGAR EAGEL & SQUIRE, P.C.
885 Third Avenue, Suite 3040
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Lead Plaintiffs Robert Wolfson and Frank
Pino and Co-Lead Counsel for the Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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ROBERT CRAGO, Individually And On Behalf
Of All Others Similarly Situated,

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Plaintiff,
v.

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CLASS ACTION
JOINT STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF CLASS
CERTIFICATION SCHEDULE

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Case No. 3:16-cv-3938-RS

CHARLES SCHWAB & CO., INC., and THE
CHARLES SCHWAB CORPORATION,
Defendants.

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STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

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Pursuant to Local Rule 6-2, Lead Plaintiffs Robert Wolfson and Frank Pino and named
plaintiff Scott Posson (“Plaintiffs”), and Defendants Charles Schwab & Co., Inc. and The Charles
Schwab Corporation (“Defendants” or “Schwab” and, together with Plaintiffs, the “Parties”), by and
through their respective counsel, for good cause, hereby stipulate as follows:
WHEREAS, on June 21, 2018, the Court entered a Case Management Scheduling Order
setting the case schedule through the class certification hearing (ECF No. 136);
WHEREAS, the Parties have engaged in class certification and merits discovery and are
continuing to meet and confer in good faith regarding outstanding issues;
WHEREAS, in connection with class certification discovery, Plaintiffs seek from third-party
UBS Securities, LLC (“UBS”) the production of additional data regarding trade orders that Schwab
routed to UBS during the Class Period;
WHEREAS, Plaintiffs have met and conferred with UBS on multiple occasions regarding
the scope of the order data production, a negotiation that Plaintiffs believe has presented several
complex and novel issues;
WHEREAS, Plaintiffs are hopeful that they will be able to reach an agreement with UBS,
but need an extension of the current class certification deadlines to allow them to obtain the trade
order data;
WHEREAS, at Plaintiffs’ request, Defendants have agreed, with the Court’s approval, to
modify the Case Management Scheduling Order to extend the deadlines through the class
certification hearing;
WHEREAS, this is the Parties first request for an extension of the deadlines in the Case
Management Scheduling Order;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO
APPROVAL BY THIS COURT, as follows:
The deadlines through the class certification hearing shall be as follows:

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-1STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

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Event

Deadline

Pre-class certification fact depositions

March 29, 2019

Plaintiffs’ expert disclosures and report(s) concerning
class certification (including any backup materials)

April 15, 2019

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Defendants’ expert disclosures and report(s) concerning
class certification (including any backup materials)

July 1, 2019

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Plaintiffs’ rebuttal report(s) concerning class
certification (including any backup materials)

August 16, 2019

Expert depositions concerning class certification

September 3 - 13, 2019
October 4, 2019

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Plaintiffs’ class certification motion and Daubert
challenges

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Defendants’ class certification opposition, Daubert
challenges, and Daubert opposition

December 4, 2019

Plaintiffs’ reply brief, opposition to Daubert challenges,
and reply to Daubert challenges of Defendants’
expert(s)

December 20, 2019

Defendants’ reply to Daubert challenges of Plaintiffs’
experts

January 13, 2020

Class Certification Hearing

TBD (as soon as practicable
on a date convenient to the
Court) January 30, 2020 at 1:30 pm.

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IT IS SO STIPULATED.

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Dated: December 12, 2018

GLANCY PRONGAY & MURRAY LLP

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By: /s/ Joshua L. Crowell
Joshua L. Crowell (#295411)
[e-mail]
Lionel Glancy (#134180)
lglancy @glancylaw.com
Vahe Mesropyan (#307244)
[e-mail]
Garth Spencer
[e-mail]
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Lead Plaintiff Frank Pino and CoLead Counsel for the Class

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-2STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

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BRAGAR EAGEL & SQUIRE, P.C.
Lawrence P. Eagel
[e-mail]
David J. Stone (#208961)
[e-mail]
Melissa A. Fortunato (#319767)
[e-mail]
885 Third Avenue, Suite 3040
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Lead Plaintiff Robert Wolfson and
Co-Lead Counsel for the Class

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LEVI & KORSINSKY, LLP
Eduard Korsinsky
[e-mail]
Nicholas I. Porritt
[e-mail]
Nancy A. Kulesa
[e-mail]
Christopher J. Kupka
[e-mail]
30 Broad Street, 24th Floor
New York, New York 10004
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Scott Posson

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-3STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

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Dated: December 12, 2018

ARNOLD & PORTER

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By:
Gilbert R. Serota
Gilbert R. Serota
[e-mail]
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111-4024
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SIDLEY AUSTIN LLP
Alex Kaplan
[e-mail]
Jon W. Muenz
jmuenz@sidley
787 Seventh Avenue
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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-4STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

ATTESTATION

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I, Joshua L. Crowell, am the ECF User whose identification and password are being used to

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file this Joint Stipulation and [Proposed] Order for Extension of Class Certification Schedule. In

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compliance with Local Rule 5-1(i)(3), I hereby attest that Counsel for Defendants concur in this

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filing.

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DATED: December 12, 2018

Joshua L. Crowell
Joshua L. Crowell

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-5-

STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

[PROPOSED] ORDER

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Based on the Parties’ stipulation and the good cause described therein, the Court GRANTS
this stipulation. The following schedule shall apply:
Event

Deadline

Pre-class certification fact depositions

March 29, 2019
April 15, 2019

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Plaintiffs’ expert disclosures and report(s) concerning
class certification (including any backup materials)

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Defendants’ expert disclosures and report(s) concerning
class certification (including any backup materials)

July 1, 2019

Plaintiffs’ rebuttal report(s) concerning class
certification (including any backup materials)

August 16, 2019

Expert depositions concerning class certification

September 3 - 13, 2019

Plaintiffs’ class certification motion and Daubert
challenges

October 4, 2019

Defendants’ class certification opposition, Daubert
challenges, and Daubert opposition

December 4, 2019

Plaintiffs’ reply brief, opposition to Daubert challenges,
and reply to Daubert challenges of Defendants’
expert(s)

December 20, 2019

January 13, 2020

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Defendants’ reply to Daubert challenges of Plaintiffs’
experts

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Class Certification Hearing

TBD (as soon as practicable
on a date convenient to the
Court) January 30, 2020 at 1:30 pm

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IT IS SO ORDERED.

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DATED: __________________
12/13/18

Hon. Richard Seeborg
U.S. District Court Judge

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-6-

STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS