Robbins v. Phillips 66 Company

Filing 54

Discovery Order re: 53 STIPULATION WITH PROPOSED ORDER re 49 Discovery Order. Discovery Hearing set for 2/1/2019 before Magistrate Judge Thomas S. Hixson. Counsel shall call the following phone number: 1-888-684-8852/Access Code: 2925506. Signed by Judge Thomas S. Hixson on 1/7/2019. (cdnS, COURT STAFF) (Filed on 1/7/2019)

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1 2 3 4 5 LISA M. BERTAIN, CASB No. 124646 lisa.bertain@kyl.com IAN ROSS, CASB No. 284842 ian.ross@kyl.com KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 6 7 Attorneys for Defendant PHILLIPS 66 COMPANY 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 DEAN A. ROBBINS, 13 Plaintiff, 14 15 vs. PHILLIPS 66 COMPANY, 16 Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:18-cv-00292-RS STIPULATION AND [PROPOSED] ORDER TO EXTEND CURRENTLY-SET DEADLINES IN DISCOVERY ORDER 17 18 Plaintiff DEAN A. ROBBINS (“Plaintiff” or “Mr. Robbins”) and Defendant PHILLIPS 66 19 COMPANY (“Defendant” or “Phillips 66”) (collectively, the “Parties”) by and through their 20 respective counsel of record, hereby stipulate and agree as follows: 21 22 WHEREAS, on November 27, 2017, Plaintiff filed this lawsuit in the San Francisco Superior Court; 23 WHEREAS, on January 12, 2018, Defendant removed the action to this Court; 24 WHEREAS, on May 17, 2018, the Court set the current class certification briefing schedule: 25 Plaintiff’s Motion for Class Certification due by March 13, 2019; Defendant’s Opposition to Motion 26 for Class Certification due by April 17, 2019; Plaintiff’s Reply to Defendant’s Opposition to Motion 27 for Class Certification due by May 1, 2019; and hearing on Plaintiff’s Motion for Class Certification 28 on May 23, 2019 at 1:30 p.m.; -1STIPULATION AND [PROPOSED] ORDER TO EXTEND CURRENTLY-SET DEADLINES IN DISCOVERY ORDER - Case No. 3:18-cv-00292-RS KYL4823-4176-6021.1 1 2 WHEREAS, on December 6, 2018 the Parties submitted a joint letter brief regarding a dispute relating to class-wide pre-certification discovery; 3 WHEREAS, on December 10, 2018 the Court ordered a telephonic discovery hearing on 4 December 14, 2018 to address discovery issues with the Honorable Magistrate Judge Thomas S. 5 Hixson; 6 7 WHEREAS, on December 14, 2018 the Parties participated in a telephonic discovery hearing before Judge Hixson; 8 WHEREAS, on December 17, 2018 Judge Hixson issued a Discovery Order directing, in part, 9 that Defendant file by January 7, 2019 detailed declarations describing the burden of producing certain 10 information and/or documents as specified in the Order, and also scheduling a January 9, 2019 11 telephonic hearing to further discuss the issue of burden with respect to a number of Plaintiff’s 12 discovery requests (among other items); 13 WHEREAS, on December 21, 2018 the Parties submitted a joint scheduling stipulation 14 seeking the following modified class certification briefing schedule: Plaintiff’s Motion for Class 15 Certification due by September 19, 2019; Defendant’s Opposition to Motion for Class Certification 16 due by October 31, 2019; Plaintiff’s Reply to Defendant’s Opposition to Motion for Class 17 Certification due by November 14, 2019; and hearing on Plaintiff’s Motion for Class Certification on 18 December 12, 2019 at 1:30 p.m.; 19 WHEREAS, on January 2, 2019 the Court issued an Order granting the Parties’ December 21, 20 2018 stipulation granting a six-month extension for Plaintiff to file his motion for class certification 21 (“six month extension”); 22 WHEREAS, due to unavailability of witnesses since the Order was issued on December 17, 23 2018 and the six-month extension granted by Judge Seeborg for Plaintiff to file his motion for class 24 certification, Plaintiff agrees to a three-week extension of all of the deadlines currently set forth in 25 Judge Hixson’s Order; 26 WHEREAS, in light of the foregoing, the Parties agree that good cause exists to extend the 27 deadline for Defendant to file its declarations as ordered in Judge Hixson’s December 17, 2018 28 Discovery Order. -2STIPULATION AND [PROPOSED] ORDER TO EXTEND CURRENTLY-SET DEADLINES IN DISCOVERY ORDER - Case No. 3:18-cv-00292-RS KYL4823-4176-6021.1 1 WHEREAS, in light of the foregoing, the Parties agree that good cause exists to extend the 2 deadline for Defendant to file its declarations as ordered in Judge Hixson’s December 17, 2018 3 Discovery Order. 4 The Parties stipulate to the following: 5 1. 6 Defendant’s deadline to file its declarations regarding burden is moved from January 7, 2019 to January 28, 2019. 7 2. 8 January 30, 2019; 9 3. 10 Plaintiff’s deadline to respond to the declarations is moved from January 8, 2019 to The telephonic hearing scheduled for January 9, 2019 is moved to February 1, 2019 at 10:00 a.m. Counsel shall call the following phone number: 1-888-684-8852/Access Code: 2925506. 11 4. With respect to Interrogatory No. 1, all deadlines are extended by three weeks. 12 5. The deadline for Phillips to serve amended responses to the other interrogatories where 13 14 the Court orders a response is extended from January 31, 2019 to February 21, 2019. IT IS SO STIPULATED. 15 16 DATED: January 7, 2019 17 SETAREH LAW GROUP /s/ Thomas Segal ______________________ SHAUN SETAREH THOMAS SEGAL FARRAH GRANT ASHLEY N. BASITSE Attorneys for Plaintiff DEAN A. ROBBINS 18 19 20 21 22 23 DATED: January 7, 2019 24 KEESAL, YOUNG & LOGAN /s/ Ian Ross __________________________ LISA M. BERTAIN IAN ROSS KEESAL, YOUNG & LOGAN Attorneys for Defendant PHILLIPS 66 COMPANY 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER TO EXTEND CURRENTLY-SET DEADLINES IN DISCOVERY ORDER - Case No. 3:18-cv-00292-RS KYL4823-4176-6021.1 1 2 3 4 FILER’S ATTESTATION: Pursuant to Civil Local Rule 5-1 (i)(3), I hereby attest that concurrence in the filing of this document has been obtained. 5 6 DATED: January 7, 2019 7 KEESAL, YOUNG & LOGAN /s/ Ian Ross __________________________ LISA M. BERTAIN IAN ROSS KEESAL, YOUNG & LOGAN Attorneys for Defendant PHILLIPS 66 COMPANY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND [PROPOSED] ORDER TO EXTEND CURRENTLY-SET DEADLINES IN DISCOVERY ORDER - Case No. 3:18-cv-00292-RS KYL4823-4176-6021.1 1 [PROPOSED] ORDER 2 Pursuant to the Parties’ stipulation, and good cause being shown, IT IS SO ORDERED. 3 4 January 7, 2019 DATED: ______________________ 5 ____________________________________ HONORABLE JUDGE HIXSON 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 [PROPOSED] ORDER TO EXTEND CURRENTLY-SET DEADLINES IN DISCOVERY ORDER - Case No. 3:18-cv-00292-RS KYL4823-4176-6021.1

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