Diacakis v. Comcast Corporation

Filing 111

STIPULATION AND ORDER re 109 STIPULATION WITH PROPOSED ORDER to Continue Discovery Deadlines filed by Comcast Corporation, Athanassios Diacakis Discovery due by 7/19/2013.. Signed by Judge ARMSTRONG on 5/15/13. (lrc, COURT STAFF) (Filed on 5/16/2013)

Case4:11-cv-03002-SBA Document109 Filed05/14/13 Page1 of 4

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BRIAN R. STRANGE (SBN 103252)
[e-mail]
GRETCHEN CARPENTER (SBN 180525)
[e-mail]
STRANGE & CARPENTER
12100 Wilshire Blvd., Suite 1900
Los Angeles, CA 90025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ATHANASSIOS DIACAKIS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ATHANASSIOS DIACAKIS, individually
and on behalf of all others similarly
situated,
Plaintiff,

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v.
COMCAST CORPORATION; and DOES
1-10, inclusive,
Defendants.

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Case No. 11-cv-3002 SBA
STIPULATION TO CONTINUE
DISCOVERY DEADLINES;
[PROPOSED]
XXXXXXXXXXXORDER
Assigned to the Hon. Saundra Brown
Armstrong, Courtroom 1
Case filed on May 13, 2011
Trial Date: October 7, 2013

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D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

CASE NO. 4:11-CV-03002-SBA

STIPULATION AND PROPOSED ORDER
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Case4:11-cv-03002-SBA Document109 Filed05/14/13 Page2 of 4

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WHEREAS, this case was filed as a putative class action;

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WHEREAS, Plaintiff filed his motion for class certification on October 2, 2012;

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WHEREAS, on May 3, 2013, this Court denied Plaintiff’s motion for class certification
(Dkt. 108);

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WHEREAS, pursuant to Rule 23(f) of the Federal Rules of Civil Procedure, on or before
May 17, 2013, Plaintiff intends to file a petition for permission to appeal the Court’s Order
denying class certification, as well as a request to stay proceedings in this Court pending appeal;

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WHEREAS Defendant expects to oppose Plaintiff’s petition under Rule 23(f), and
reserves any and all grounds for opposing same;

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WHEREAS, the Court’s Order Revising Pretrial Schedule and Continuing Trial Date
(Dkt. 100) set modified dates and deadlines, including the following discovery deadlines which
are at issue on this stipulation: a May 19, 2013 deadline for fact discovery; a May 19, 2013
deadline for Plaintiff and Defendant to designate experts; a June 2, 2013 deadline for the parties
to designate rebuttal experts; and a June 30, 2013 deadline for expert discovery;

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WHEREAS, in light of Plaintiff’s anticipated petition for permission to appeal the Court’s
Order denying class certification, as well as a request to stay proceedings in this Court pending
appeal, and in order to allow the Ninth Circuit time to rule on that petition before the parties are
required to complete all fact and expert discovery, the parties have accordingly agreed, subject to
court approval, to a brief continuance of the foregoing discovery deadlines.

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IT IS HEREBY STIPULATED by the parties through their respective counsel as follows:

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1.

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The deadline for the parties to designate experts is continued to July 19, 2013;

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The deadline to complete fact discovery is continued to July 19, 2013;

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The deadline for the parties to designate rebuttal experts is continued to July 29,

2013;

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 11-CV 3002-SBA

Case4:11-cv-03002-SBA Document109 Filed05/14/13 Page3 of 4

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The deadline for completion of expert discovery is continued to August 15, 2013.

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Dated: May 14, 2013

DRINKER BIDDLE & REATH LLP

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By:/s/ Michael J. Stortz
Michael J. Stortz

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Attorneys for Defendant
COMCAST CORPORATION

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Dated: May 14, 2013

STRANGE & CARPENTER

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By: /s/ Gretchen Carpenter
Gretchen Carpenter

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Attorneys for Plaintiff

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 11-CV 3002-SBA

Case4:11-cv-03002-SBA Document109 Filed05/14/13 Page4 of 4

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Attestation Pursuant to Local Rule 5.1(i)
Pursuant to Local Rule 5.1(i), I, Gretchen Carpenter, hereby attest that I have obtained
concurrence in the filing of this document from the other signatory to this document.
I declare under penalty of perjury under the law of the United States of America that the
foregoing is true and correct. Executed on May 14, 2013 at Los Angeles, California.

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/s/ Gretchen Carpenter
Gretchen Carpenter

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ORDER
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Based on the foregoing Stipulation of the parties, and for good cause shown, IT IS SO
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ORDERED
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Dated: ___________________
5/15/13
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Honorable Saundra Brown Armstrong
United States District Judge

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 11-CV 3002-SBA