Johnson v. Nissan North America, Inc. et al

Filing 154

ORDER TO EXTEND BRIEFING DEADLINES by Judge William H. Orrick granting 153 Motion for Extension of Time to File Response/Reply re 149 , 150 , 151 Motions to Exclude and Stipulated Motion and 135 Motion to Certify Class. Responses to motions to exclude due by 8/13/2021. Replies to motion to exclude due by 9/3/2021. Motion Hearings reset for 9/29/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 6/29/2021)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

Gregory F. Coleman
Adam A. Edwards
Mark E. Silvey
Mitchell M. Breit
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Eric S. Johnson (pro hac vice)
SIMMONS HANLY CONROY LLP
One Court Street
Alton, Illinois 62002
Tel: [phone]
[e-mail]

Amir M. Nassihi (SBN 235936)
[e-mail]
Andrew L. Chang (SBN 222309)
[e-mail]
H. Grant Law (SBN 144505)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
Tel: [phone] | Fax: [phone]
William R. Sampson, appearance pro hac vice
[e-mail]
Holly Pauling Smith, appearance pro hac vice
[e-mail]
SHOOK, HARDY & BACON L.L.P.
2555 Grand Boulevard
Kansas City, Missouri 64108
Tel: [phone] | Fax: [phone]
Counsel for Defendant Nissan North America,
Inc.

An Truong (pro hac vice)
SIMMONS HANLY CONROY LLP
112 Madison Avenue, 7th Floor
New York, New York 10016
Tel: [phone]
Fax: [phone]
[e-mail]

18
19

Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

20
21
22
23

SHERIDA JOHNSON, ET AL., individually and on
behalf of all others similarly situated

Case No.: 3:17-cv-00517-WHO

24
25
26

Plaintiffs,
v.

STIPULATED MOTION AND
[PROPOSED] ORDER TO EXTEND
BRIEFING DEADLINES

NISSAN NORTH AMERICA, INC.

27

Defendant.

Corrected TAC: March 29, 2018

28
STIPULATION AND ORDER

CASE NO. 3:17-cv-00517-WHO

STIPULATION AND [PROPOSED] ORDER TO EXTEND
BRIEFING DEADLINES

1
2

1.

Pursuant to L.R. 6-2, Plaintiffs Sherida Johnson, Subrina Seenarain, Chad Loury,

3

Linda Spry, Lisa Sullivan, and April Ahrens (“Plaintiffs”) and Defendant Nissan North America,

4

Inc. (“NNA”) (collectively, the “Parties”), respectfully request that the Court extend the briefing

5

deadlines for Defendant’s motions to exclude (ECF Nos. 149, 150, 151) as set forth below, and for

6

the Court to continue the August 25, 2021 hearing on Plaintiffs’ motion for class certification (ECF

7

No. 129), so that all motions are considered together. The deadline for Plaintiffs to file their reply

8

in support of class certification, which is currently set for August 2, 2021, would remain unchanged.

9

2.

Under the current scheduling order, Plaintiffs’ motion for class certification and

10

expert disclosures was due on February 17, 2021, Defendant’s response and expert disclosures was

11

due on June 14, 2021 and Plaintiffs’ reply and rebuttal reports are due on August 2, 2021. ECF No.

12

129. A hearing on the motion for class certification is set for August 25, 2021. ECF No. 129.

13
14
15

3.

On February 17, 2021, Plaintiffs timely filed their motion for class certification and

expert disclosures. ECF No. 135.
4.

On June 14, 2021, Defendant timely filed their opposition and expert disclosures.

16

ECF No. 147. Contemporaneous with that filing, Defendant’s also filed three separate motions to

17

exclude Plaintiffs’ experts, each of which relies, in part, on the opinions of Defendant’s own

18

experts. ECF Nos. 149, 150, 151.

19

5.

Plaintiffs’ current deadline to respond to the motions to exclude is June 29, 2021,

20

and Defendant’s time to reply is July 6, 2021. The hearing on the motions to exclude is set to occur

21

on August 25, 2021.

22

6.

The Parties respectfully request extension of the briefing schedule on the motions to

23

exclude and of the August 25, 2021 hearing on all motions. To fully respond to the motions to

24

exclude, Plaintiffs will need to depose Defendant’s four experts. The parties have coordinated these

25

depositions, and they are tentatively scheduled for July 9, July 13, July 14, and July 16. Following

26

completion of the depositions, Plaintiffs will then need time to obtain and analyze the transcripts,

27

consult with their own experts, and integrate the testimony into their responses. The proposed

28
-2STIPULATION AND ORDER

CASE NO. 3:17-cv-00517-WHO

1

extended briefing schedule will not meaningfully delay the resolution of this case and will allow

2

the parties to better address the complex and highly technical subject matter involved.

3

7.

Amending the briefing schedule to allow Plaintiff to depose Defendant’s experts,

4

with a commensurate extension of the deadline for Defendant to file its replies, will serve the

5

interests of the parties and judicial efficiency. Likewise, adjournment of the August 25, 2021

6

hearing date will serve to streamline all issues, time and expense.

7
8

8. Five other extensions of the class certification briefing schedule have been entered in
this matter. ECF Nos. 95, 103, 112, 121, 124 and 129.

9

9. Following the entry of the Court’s last extension, the Parties have been diligently

10

undertaking class discovery, timely filing and briefing the motion for class certification, and

11

working cooperatively to complete the depositions of Plaintiffs’ experts.

12

10. In addition, the Parties are coordinating discovery and class certification deadlines with

13

a companion case filed in the Western District of Washington, Lohr, et al. v. Nissan N. Am., Inc.,

14

Case No. 2:16-cv-01023 RSM. The Parties in Lohr intend to seek a similar extension to the briefing

15

schedule, thus continuing to manage the cases in the most efficient manner.

16
17

11. If this Court and the Lohr court approve these requests, then the two cases will continue
to remain on parallel tracks if a resolution is not reached prior to class certification.

18

12. For the above reasons, the Parties stipulate and submit that good cause exists to extend

19

the deadlines in this matter as set forth below and respectfully request that the Court enter an order

20

as follows:

21

Event

Deadline

Proposed Deadline

22

Deadline for Plaintiffs to file their reply and
rebuttal expert disclosures and reports on
their motion for class certification

August 2, 2021

August 2, 2021

Deadline for Plaintiffs to file their
oppositions to NNA’s Motions to Exclude

June 29, 2021

August 13, 2021

Deadline for NNA to file replies in support
of its Motions to Exclude

July 6, 2021

September 3, 2021

Class Certification and Motions to Exclude
Hearing

August 25, 2021

September 29, 2021, or as
set by the Court

23
24
25
26
27
28

-3STIPULATION AND ORDER

CASE NO. 3:17-cv-00517-WHO

1
2
3
4
5
6
7
8
9
10
11
12
13

IT IS SO STIPULATED.
Dated: June 28, 2021

Respectfully submitted,

By: /s/ An V. Truong
On Behalf of Plaintiffs

By: /s/ Holly Pauling Smith
On Behalf of Defendant

An V. Truong (pro hac vice)
SIMMONS HANLY CONROY LLP
112 Madison Avenue, 7th Floor
New York, New York 10016
Tel: [phone]
[e-mail]

William R. Sampson (pro hac vice)
Holly Pauling Smith (pro hac vice)
SHOOK, HARDY & BACON L.L.P.
2555 Grand Boulevard
Kansas City, Missouri 64108
Tel: [phone]
Fax: [phone]

Eric S. Johnson (pro hac vice)
SIMMONS HANLY CONROY LLP
One Court Street
Alton, Illinois 62002
Tel: [phone]
[e-mail]

21

Gregory F. Coleman
Adam A. Edwards
Mark E. Silvey
Mitchell M. Breit
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

22

Amir M. Nassihi (SBN 235936)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2600
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
[e-mail]

Attorneys for Plaintiffs

14
15
16
17
18
19
20

Attorneys for Defendant

23
24
25
26
27
28
-4STIPULATION AND ORDER

CASE NO. 3:17-cv-00517-WHO

1
2
3

ATTESTATION OF CONCURRENCE
Pursuant to L.R. 5-1(i), I attest that concurrence in the filing of this document has been
obtained from the other signatories.

4

By: /s/ An V. Truong
An V. Truong (pro hac vice)
SIMMONS HANLY CONROY LLP

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-5STIPULATION AND ORDER

CASE NO. 3:17-cv-00517-WHO

[PROPOSED] ORDER

1
2
3

Pursuant to the Parties’ stipulation, the Court hereby orders that deadlines in this matter be
extended as follows:

4
Event

Deadline

Proposed Deadline

Deadline for Plaintiffs to file their reply and
rebuttal expert disclosures and reports on
their motion for class certification

August 2, 2021

August 2, 2021

Deadline for Plaintiffs to file their
oppositions to NNA’s Motions to Exclude

June 29, 2021

August 13, 2021

Deadline for NNA to file replies in support
of its Motions to Exclude

July 6, 2021

September 3, 2021

Class Certification and Motions to Exclude
Hearing

August 25, 2021

September 29, 2021

5
6
7
8
9
10
11
12
13
14

IT IS SO ORDERED.

15
16

Dated: June 29, 2021
UNITED STATES DISTRICT JUDGE
HONORABLE WILLIAM H. ORRICK

17
18
19
20
21
22
23
24
25
26
27
28

-6STIPULATION AND ORDER

CASE NO. 3:17-cv-00517-WHO

1
CERTIFICATE OF SERVICE

2
3
4
5

The undersigned certifies that on this 28th day of June 2021, a copy of the above was filed
electronically with the Clerk of Court using the CM/ECF system which will send notification of
the filing to all counsel of record.

6

/s/ An V. Truong
An V. Truong (pro hac vice)
SIMMONS HANLY CONROY LLP

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-7STIPULATION AND ORDER

CASE NO. 3:17-cv-00517-WHO