Cunha v. Intellicheck, LLC et al

Filing 108

STIPULATION AND ORDER re 107 STIPULATION WITH PROPOSED ORDER Continuing Class Certification Briefing By Two Weeks filed by James Cunha. Deadline to File Class Certification Motion 3/9/2018. Deadline to File Opposition to Class Cert ification 4/6/2018. Deadline to File Class Certification Reply 4/20/2018. Class Certification Motion Hearing set for 5/10/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on February 14, 2018. (wsn, COURT STAFF) (Filed on 2/14/2018)

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1 Patrick N. Keegan, Esq. (SBN 167698) pkeegan@keeganbaker.com 2 James M. Treglio, Esq. (228077) jtreglio@keeganbaker.com 3 KEEGAN & BAKER, LLP 4 6156 Innovation Way Carlsbad, CA 92009 5 Tel: (760) 929-9303 Fax: (760) 929-9260 6 7 Attorneys for Plaintiff JAMES CUNHA 8 LEWIS BRISBOIS BISGAARD & SMITH llp DEREK S. SACHS, SBN 253990 9 E-Mail: Derek.Sachs@lewisbrisbois.com ASHLEY N. ARNETT, SB# 305162 10 E-Mail: Ashley.Arnett@lewisbrisbois.com 11 2020 West El Camino Avenue, Suite 700 Sacramento, CA 95833 916.564.5400 12 Telephone: Facsimile: 916.564.5444 13 Attorneys for Defendant Chico Produce, Inc. dba ProPacific Fresh 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 17 JAMES CUNHA, an individual, on behalf of himself and all others similarly situated, 18 Plaintiffs, 19 vs. 20 INTELLICHECK, LLC, a California Limited 21 Liability Company; PROPACIFIC FRESH, INC., a California Corporation; and Does 1 22 through 100, 23 Defendants. 24 25 26 27 CASE NO. 3:17-cv-00597-JST JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CLASS CERTIFICATION BRIEFING BY TWO WEEKS Action Filed: Summons Served: Removal Date: Trial Date: December 21, 2016 January 6, 2017 February 6, 2017 None set Pursuant to Civ. L.R. 16-2(d), Plaintiff James Cunha (“Plaintiff”), by and through his attorneys, and Chico Produce, Inc. (“Chico Produce”), by and through its attorneys, Lewis Brisbois Bisgaard & Smith, LLP, files this Joint Stipulation Continuing the Class Certification 28 4824-2043-8877.1 1:17-cv-597-NJV 1 JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION BRIEFING BY TWO WEEKS 1 Briefing By Two Weeks. In support of this Joint Stipulation, Chico Produce and Plaintiff state as 2 follows: 3 1. Plaintiff James Cunha filed his Class Action Complaint on December 20, 2016 in 4 the Superior Court of the State of California for the County of Humboldt. 5 2. On February 6, 2017, Chico Produce removed the action to this Court (ECF No. 1.) 6 3. On May 25, 2017, the Court heard Defendant Chico Produce’s second Motion to 7 Dismiss, which was granted in part and denied in part. (ECF No. 59.) 8 4. On June 17, 2017, the Court issued a Scheduling Order stating that the Plaintiff had 9 until February 13, 2018 to file his Motion for Class Certification. (ECF No. 70). 10 5. On September 18, 2017, Chico Produce served its responses to Plaintiff’s First Set 11 of Interrogatories. In those responses, Chico Produce stated that 47 people had signed the same 12 authorization and disclosure forms as Plaintiff as part of their application for employment with 13 Chico Produce. 14 6. On October 10, 2017, Chico Produce produced a list of 47 individuals who it 15 identified as members of the putative class. 16 7. On October 13, 2017, the Parties filed two separate Joint Letter Briefs regarding 17 Chico Produce’s responses to Plaintiff’s First Set of Interrogatories (ECF Nos. 91 and 92), which 18 were referred to the Magistrate. (ECF No. 93). 19 8. On November 16, 2017, the Parties were ordered to attend proceedings in front of 20 the Hon. Magistrate Judge Joseph C. Spero, and the Parties agreed that Chico Produce would 21 produce amended responses to discovery and produce additional documents. 22 9. On December 22, 2017, pursuant to the Parties’ agreement, Chico Produce served 23 amended responses to Plaintiff’s First Set of Interrogatories. In the responses served on December 24 22, 2017, Chico Produce stated that 92 individuals had undergone a consumer report as part of 25 their application for employment with Chico Produce. Additionally, on December 22, 2017, Chico 26 Produce produced 334 pages of documents. It did not update the October 10, 2017 class list at that 27 time. 28 10. On January 26, 2018, the Parties submitted a Letter Briefs regarding Plaintiff’s 1:17-cv-597-JST 2 JOINT STIPULATION AND [PROPOSED] ORDERTO CONTINUE CLASS CERTIFICATION BRIEFING BY TWO WEEKS 1 Responses to Chico Produce’s written discovery. (ECF Nos. 102 and 103). 2 11. On February 2, 2018, the Parties and the Court held a Case Management 3 Conference where Plaintiff raised his concerns regarding discovery the disparity in the number of 4 class members stated by Chico Produce in its various responses. Chico Produce also raised 5 discovery issues at the February 2, 2018 hearing. As a result, the Court scheduled February 14, 6 2018 as the date by which the Parties shall submit a Joint Letter Brief on their discovery issues to 7 the Magistrate. (ECF No. 105). 8 12. On February 9, 2018, the Magistrate issued an order requiring the Parties to attend 9 a discovery conference on February 23, 2018 regarding the Letter Briefs filed on January 26, 10 2018. (ECF No. 106). The Magistrate’s order also stated that it would seek to resolve the issues 11 raised at the February 2, 2018 Case Management Conference on February 23, 2018. The Court’s 12 clerk has stated that the Magistrate will not require any letter briefs until after the February 23, 13 2018 meet and confer session, and only then to address any unresolved issues. 14 13. As a result, the Magistrate’s conference set for February 23, 2018 may very well 15 resolve several discovery disputes that will impact Plaintiff’s Motion for Class Certification, as 16 well as Defendant’s defenses to Plaintiff’s Motion. 17 14. Further, the Parties are currently exploring deposition dates for Chico Produce’s 18 30(b)(6) witness on or shortly after February 27, 2018. 19 15. Thus, to allow the Parties to complete discovery, and to resolve all ongoing 20 discovery disputes, the Parties request the Court modify the Scheduling Order (ECF No. 70) as 21 follows: 22 a. Deadline to File Class Certification Motion – March 9, 2018 23 b. Deadline to File Opposition to Class Certification – April 6, 2018 24 c. Deadline to File Class Certification Reply – April 20, 2018 25 d. Class Certification Hearing – May 10, 2018 26 27 28 1:17-cv-597-JST 3 JOINT STIPULATION AND [PROPOSED] ORDERTO CONTINUE CLASS CERTIFICATION BRIEFING BY TWO WEEKS 1 KEEGAN & BAKER LLP 2 Date: February 13, 2018 /s/ James M. Treglio Patrick N. Keegan James M. Treglio Attorney for Plaintiff JAMES CUNHA 3 4 5 6 7 8 Date: February 13, 2018 LEWIS BRISBOIS BISGAARD & SMITH LLP 9 /s/ Derek S. Sachs Derek S. Sachs Ashley N. Arnett Sharon G. Gelbart Attorney for Defendant CHICO PRODUCE, INC., D/B/A CHICO PRODUCE FRESH, INC. 10 11 12 13 14 [PROPOSED] ORDER 15 PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO 16 ORDERED THAT 17 The Court’s June 17, 2017 Scheduling Order (ECF No. 70) is hereby modified as follows: 18 a. Deadline to File Class Certification Motion – March 9, 2018 19 b. Deadline to File Opposition to Class Certification – April 6, 2018 20 c. Deadline to File Class Certification Reply – April 20, 2018 21 d. Class Certification Hearing – May 10, 2018 22 23 DATED: ________________________ February 14, 2018 24 ______________________________________ Hon. Jon S. Tigar United States District Court Judge 25 26 27 28 1:17-cv-597-JST 4 JOINT STIPULATION AND [PROPOSED] ORDERTO CONTINUE CLASS CERTIFICATION BRIEFING BY TWO WEEKS

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