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

Filing 156

STIPULATION AND ORDER RE 155 for Extension of Class Certification Schedule AS MODIFIED BY THE COURT. Motion Hearing set for 7/22/2021 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 11/5/2020. (clS, COURT STAFF) (Filed on 11/5/2020)

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GILBERT R. SEROTA (#75305)
[e-mail]
ARNOLD & PORTER KAYE SCHOLER LLP
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111-4024
Telephone: [phone]
Facsimile: [phone]
ALEX J. KAPLAN (appearance pro hac vice)
[e-mail]
Jon W. Muenz (appearance pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
787 Seventh Avenue
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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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,

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

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Plaintiff,

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

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

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

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plaintiff Scott Posson (“Plaintiffs”), and Defendants Charles Schwab & Co., Inc. and The Charles

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Schwab Corporation (“Defendants” or “Schwab” and, together with Plaintiffs, the “Parties”), by and

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through their respective counsel, for good cause, hereby stipulate as follows:

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WHEREAS, on April 15, 2019, the Court entered a Case Management Scheduling Order

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setting the case schedule through the class certification hearing (ECF No. 144), and on June 23, 2020

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the Court so-ordered the Parties’ stipulation to extend the case schedule (ECF No. 154);

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WHEREAS, the Parties have engaged in class certification and merits discovery and are
continuing to meet and confer in good faith regarding outstanding issues;

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WHEREAS, pre-class certification fact depositions have been completed;

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WHEREAS, Plaintiffs produced expert disclosures and a report concerning class certification

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on September 1, 2020, but production of certain backup expert materials was delayed;
WHEREAS, Defendants require additional time to review and respond to the complete set of
Plaintiffs’ expert disclosures, report and backup materials;

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WHEREAS, the Parties have agreed, with the Court’s approval, to modify the Case

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Management Scheduling Order to extend the deadlines for approximately thirty days (30) through the

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class certification hearing;

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WHEREAS, this is the Parties’ sixth 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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-2STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF CLASS CERTIFICATION SCHEDULE
Case No. 16-cv-3938-RS

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Event

Deadline
December 7, 2020

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

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

January 25, 2021

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Expert depositions concerning class certification

February 3-12, 2021

Plaintiffs’ class certification motion and Daubert challenges

March 17, 2021

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

May 18, 2021

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

June 7, 2021

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Defendants’ reply to Daubert challenges of Plaintiffs’ experts

July 1, 2021

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Class Certification Hearing

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IT IS SO STIPULATED.
Dated: November 4, 2020.

GLANCY PRONGAY & MURRAY LLP
By: /s/ Garth Spencer
Jonathan Rotter (#234137)
[e-mail]
Lionel Glancy (#134180)
lglancy @glancylaw.com
Garth Spencer (appearance pro hac vice)
[e-mail]
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Lead Plaintiff Frank Pino
and Co-Lead Counsel for the Class
BRAGAR EAGEL & SQUIRE, P.C.
Lawrence P. Eagel
[e-mail]
David J. Stone (#208961)
[e-mail]
Melissa A. Fortunato (#319767)
[e-mail]
810 Seventh Avenue, Suite 620
New York, New York 10019
Telephone: [phone]
Facsimile: [phone]
Attorneys for Lead Plaintiff Robert Wolfson
and Co-Lead Counsel for the Class
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF CLASS CERTIFICATION SCHEDULE
Case No. 16-cv-3938-RS

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LEVI & KORSINSKY, LLP
Rotter Eduard Korsinsky
[e-mail]
Nicholas I. Porritt
[e-mail]
Nancy A. Kulesa
[e-mail]
30 Broad Street, 24th Floor
New York, New York 10004
Telephone: [phone]
Facsimile: [phone] (#234137)
Attorneys for Plaintiff Scott Posson

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Dated: November 4, 2020.

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ARNOLD & PORTER KAYE SCHOLER LLP
By: /s/ Gilbert R. Serota
Gilbert R. Serota (#75305)
[e-mail]
Three Embarcadero Center, 10th Floor
Telephone: [phone]
Facsimile: [phone]

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SIDLEY AUSTIN LLP
Alex J. Kaplan (pro hac vice)
[e-mail]
Jon W. Muenz (pro hac vice)
[e-mail]
787 Seventh Avenue
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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ATTESTATION

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I, Gilbert R. Serota, am the ECF User whose identification and password are being used to

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file this Proposed Order for Extension of Class Certification Schedule. In compliance with Local

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Rule 5-1(i)(3), I hereby attest that Counsel for Plaintiffs concur in this filing.

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Dated: November 4, 2020.

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/s/ Gilbert R. Serota
GILBERT R. SEROTA

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-4STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF CLASS CERTIFICATION SCHEDULE
Case No. 16-cv-3938-RS

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

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Event

Deadline

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

December 7, 2020

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

January 25, 2021

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Expert depositions concerning class certification

February 3-12, 2021

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Plaintiffs’ class certification motion and Daubert challenges

March 17, 2021

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

May 18, 2021

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

June 7, 2021

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Defendants’ reply to Daubert challenges of Plaintiffs’ experts

July 1, 2021

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Class Certification Hearing

July 22, 2021

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IT IS SO ORDERED.

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DATED: November 5, 2020

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The Honorable Richard Seeborg
Seeborg
b
United States District J d
U it d St t Di t i t Judge

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF CLASS CERTIFICATION SCHEDULE
Case No. 16-cv-3938-RS