Diacakis v. Comcast Corporation

Filing 114

STIPULATION AND ORDER re 113 STIPULATION WITH PROPOSED ORDER to Continue Discovery Deadlines filed by Comcast Corporation, Athanassios Diacakis Discovery due by 8/2/2013.. Signed by Judge ARMSTRONG on 6/24/13. (lrc, COURT STAFF) (Filed on 6/24/2013)

Case4:11-cv-03002-SBA Document113 Filed06/20/13 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;
XXXXXXXXXX
[PROPOSED] ORDER
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 Document113 Filed06/20/13 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 May 17,
2013, Plaintiff filed 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 (“Rule 23(f)
Petition”);

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WHEREAS, on May 31, 2013, Defendant filed an opposition to Plaintiff’s Rule 23(f)
Petition;

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WHEREAS, the Ninth Circuit has not yet ruled on Plaintiff’s Rule 23(f) Petition;

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WHEREAS, the Court’s Order granting the parties’ Stipulation to Continue Discovery
Deadlines (Dkt. 109) set modified dates and deadlines, including the following discovery
deadlines which are at issue on this stipulation: a July 19, 2013 deadline for fact discovery; a July
19, 2013 deadline for Plaintiff and Defendant to designate experts; a July 29, 2013 deadline for
the parties to designate rebuttal experts; and a August 15, 2013 deadline for expert discovery;

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WHEREAS, in light of Plaintiff’s Rule 23(f) Petition, 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 further 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 August 2, 2013;

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The deadline to complete fact discovery is continued to August 2, 2013;

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The deadline for the parties to designate rebuttal experts is continued to August 12,

2013;

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 11-CV 3002-SBA

Case4:11-cv-03002-SBA Document113 Filed06/20/13 Page3 of 4

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The deadline for completion of expert discovery is continued to August 29, 2013.

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Dated: June 20, 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: June 20, 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 Document113 Filed06/20/13 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 June 20, 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: ___________________
6/24/13
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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