Ron Alul et al v. American Honda Motor Company, Inc.

Filing 200

ORDER REGARDING AMENDED SCHEDULE FOR EXPERT DISCOVERY AND BRIEFING RELATED TOPLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Judge Jon S. Tigar. Rebuttal Reports due by 10/25/2019. Reply Report due by 11/15/2019. Motions due by 2/7/2020. Responses due by 3/13/2020. Replies due by 4/10/2020. (mllS, COURT STAFF) (Filed on 8/13/2019)

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Michael B. Shortnacy (SBN 277035)
[e-mail]
Livia Kiser (CA SBN 285411)
[e-mail]
KING & SPALDING LLP
633 West Fifth Street
Suite 1700
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Andrew Chinsky (pro hac vice)
KING & SPALDING LLP
444 W. Lake Street
Suite 1650
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AMERICAN HONDA MOTOR CO., INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Lindsey Aberin, et al.,

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Case No. 3:16-cv-04384-JTS

Plaintiffs,
vs.
American Honda Motor Co., Inc., et al.,
Defendants.

STIPULATION AND [PROPOSED]
ORDER REGARDING AMENDED
SCHEDULE FOR EXPERT DISCOVERY
AND BRIEFING RELATED TO
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION

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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED SCHEDULE FOR EXPERT
DISCOVERY AND BRIEFING RELATED TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

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Plaintiffs Lindsay and Jeff Aberin, Don Awtrey, Charles Burgess, John Kelly, Joy Matza,

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and Yun-Fe Lou (collectively, “Plaintiffs”) and Defendant American Honda Motor Co., Inc.

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(“AHM,” and with Plaintiffs, the “Parties”), by and through their respective counsel, hereby

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propose the following amended schedule to govern the litigation through completion of briefing

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related to Plaintiffs’ Motion for Class Certification. In support thereof, the Parties state as follows:

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1.

Pleadings closed on May 28, 2018, when AHM filed its Answer to Plaintiffs’ Third

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Amended Class Action Complaint (ECF No. 149). The Court subsequently entered an order setting

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the schedule for pretrial events through briefing related to Plaintiffs’ motion for class certification

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on February 28, 2019, based on a schedule proposed by the Parties, which set a June 14, 2019,

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deadline for opening experts reports (ECF No. 182).
2.

During the case management conference held June 12, 2019, the Parties stipulated

12 to Plaintiffs having until June 28, 2019 to submit their opening expert reports. Plaintiffs advised
13 the Court that they anticipated having four experts (which was previously unknown to AHM), and
14 the Parties advised the Court that they would likely seek an amendment to the schedule to account
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for the stipulated two-week extension.
3.

On June 28, 2019, Plaintiffs served reports from a proposed economic expert, a

proposed survey expert, and two proposed technical experts.

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4.

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schedule.

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5.

On July 19, 2019, AHM sent Plaintiffs a proposed extension to the expert discovery

On July 30, 2019, Plaintiffs responded to AHM’s proposed extension and informed

21 AHM that they wanted to reserve the right to serve reply reports in response to AHM’s rebuttal
22 reports. AHM has no objection to Plaintiff’s request to serve reply reports, provided that sufficient
23 time is afforded for the Parties to take depositions of, potentially, eight (8) proposed expert
24 witnesses (four (4) for Plaintiffs, and up to four (4) for AHM), all of which will occur following
25 the deadline for Plaintiffs’ reply reports.
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6.

After subtracting the two week extension already granted to Plaintiffs, the proposed

27 schedule below extends the Schedule of Pretrial Events approved by the Court on February 28,
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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED SCHEDULE FOR EXPERT
DISCOVERY AND BRIEFING RELATED TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

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2019, by approximately three months, in order to: (a) provide AHM sufficient time to prepare up

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to four rebuttal reports; (b) provide Plaintiffs an opportunity to prepare up to four reply reports;

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(c) provide both Parties adequate time to prepare for and depose up to eight proposed expert

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witnesses; and (d) account for Thanksgiving and the winter holidays.

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7.

The Parties respectfully submit that this adjustment is warranted due to the

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extension already granted to Plaintiffs (ECF No. 192), the number expert reports that will be

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served, and the related need to conduct eight expert depositions. Two of AHM’s experts also have

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prior work engagements that prevent them from being to work on this matter until late August.

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8.

The Parties have also discussed whether, in the interest of efficiency and possible

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resolution, it makes to hold an ADR session in advance of briefing on class certification.

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Contemporaneously with this Stipulation, the Parties are filing a Fifth Amended Stipulation and

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[Proposed] Order extending the deadline to hold a private ADR session to January 31, 2020. The

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extension requested herein by the Parties will afford the Parties sufficient time to hold such an

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ADR session if they agree that such a session would be beneficial at that time.

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9.

As neither Party wishes the other to suffer prejudice as a result of not being able to

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address the issues on the merits, for good cause shown, the Parties respectfully request that the

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following amended schedule be approved by the Court:
Event
Current Date

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Proposed Date

Opening Expert Reports

June 28, 2019

n/a

Defendant’s Rebuttal Reports

September 13, 2019

October 25, 2019

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Plaintiff’s Reply Reports

n/a

November 15, 2019

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Close of Expert Discovery

October 4, 2019

January 10, 2020

Motion for Class Certification

October 25, 2019

February 7, 2020

Class Certification Opposition

December 6, 2019

March 13, 2020

Class Certification Reply

January 10, 2020

April 10, 2020

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10.

Finally, the Parties anticipate that any Daubert motions will be submitted by AHM

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with their Class Certification Opposition and by Plaintiffs with their Class Certification Reply.

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Oppositions to such motions, if any are filed, will be due within four weeks, with any replies in

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further support due within three weeks thereafter.

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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED SCHEDULE FOR EXPERT
DISCOVERY AND BRIEFING RELATED TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

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WHEREFORE, the Parties respectfully request the Court enter the revised schedule as set
forth above. The Parties respectfully request such other, further relief this Court deems proper.

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DATED: August 8, 2019

Respectfully Submitted,

KING & SPALDING LLP

SEEGER WEISS LLP

By: /s/ Liva M. Kiser
Livia M. Kiser (SBN 285411)
Email: [e-mail]
7 KING & SPALDING LLP
444 West Lake Street, Suite 1650
8 Chicago, IL 60606
Tel: [phone]
9 Facsimile: 312 995 6330
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10 Counsel for American Honda Motor
Co., Inc.
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By: /s/ Christopher A. Seeger
Christopher A. Seeger, Admitted Pro Hac Vice
Email: [e-mail]
Stephen A. Weiss, Admitted Pro Hac Vice
Email: [e-mail]
Scott Alan George, Admitted Pro Hac Vice
Email: [e-mail]
55 Challenger Road, 6th Fl.
Ridgefield Park, New Jersey 07660
Telephone: [phone]
Facsimile: [phone]

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James E. Cecchi, Admitted Pro Hac Vice
Email: [e-mail]
CARELLA, BYRNE, CECCHI, OLSTEIN,
BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, New Jersey 07068
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiffs and the Proposed Classes

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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED SCHEDULE FOR EXPERT
DISCOVERY AND BRIEFING RELATED TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

[PROPOSED] ORDER

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IT IS ORDERED that the Amended Schedule for Expert Discovery and Briefing Related

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to Plaintiffs’ Motion for Class Certification, filed with the Court on July 16, 2019, is APPROVED.

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DATED: August 13, 2019
TIGAR, J.

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STIPULATION AND [PROPOSED] ORDER REGARDING AMENDED SCHEDULE FOR EXPERT
DISCOVERY AND BRIEFING RELATED TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION