Kumar v. Salov North America Corp et al

Filing 87

ORDER GRANTING JOINT STIPULATION [*AS MODIFIED BY THE COURT*] re 86 STIPULATION WITH PROPOSED ORDER to Continue Class Certification Briefing Schedule re 85 MOTION to Certify Class (Public Version, see also Dkt. #84) filed by Salov North America Corp, Rohini Kumar. Signed by Judge Yvonne Gonzalez Rogers on 2/9/16. (fs, COURT STAFF) (Filed on 2/9/2016)

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Mark E. Haddad, SBN 205945
[e-mail]
Sean A. Commons, SBN 217603
[e-mail]
Nitin Reddy, SBN 229451
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: [phone]
Facsimile: [phone]
Attorneys for
SALOV NORTH AMERICA CORP., INC.

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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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ROHINI KUMAR, an individual, on behalf of
herself, the general public and those similarly
situated,
Plaintiff,

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vs.

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SALOV NORTH AMERICA CORP.,

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Defendant.

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Case No. 4:14-cv-02411-YGR
Assigned to: Hon. Yvonne Gonzalez Rogers
ORDER GRANTING
JOINT STIPULATION TO CONTINUE
CLASS CERTIFICATION BRIEFING
SCHEDULE
AS MODIFIED BY THE COURT

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JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION BRIEFING
CASE NO. 4:14-CV-02411 YGR

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Plaintiff Rohini Kumar (“Plaintiff”) and Defendant Salov North America Corp.
(“Defendant”) hereby stipulate as follows:
WHEREAS, on December 15, 2015, the Court set a briefing schedule for class

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certification as follows: Plaintiff shall file the Motion for Class Certification no later than

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January 19, 2016; Defendant’s Opposition shall be filed no later than February 23, 2016;

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Plaintiff’s Reply shall be filed no later than March 22, 2016; and hearing on the motion for

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class certification is set for April 12, 2016, at 2:00p.m. [Dkt. # 77];

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WHEREAS, on January 19, 2016, concurrently with her Motion for Class
Certification, Plaintiff filed the Declaration of Colin B. Weir, her damages expert, in support
thereof [Dkt. # 84-35-38];
WHEREAS, on January 26, 2016, Defendant served a subpoena requesting a

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deposition of Colin B. Weir on February 9, 2016, as well as the production of documents

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used or relied upon by Mr. Weir in connection with preparing his report;

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WHEREAS, on January 28, 2016, Plaintiff informed Defendant that Mr. Weir is

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unavailable for deposition the week of February 8, 2016 and stated that Mr. Weir was

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unavailable prior to February 16, 2016 for a deposition;

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WHEREAS, on January 28, 2016, counsel for Defendant informed Plaintiff that they

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were unavailable on February 16, 2016, and proposed alternative deposition dates for that

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week, and requested the production of Mr. Weir’s documents in advance of the deposition;

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WHEREAS, on February 2, 2016, Plaintiff informed Defendant that Mr. Weir is

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travelling outside of the United States until February 8, 2016, which has complicated

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scheduling and production of documents, and that Mr. Weir was not available on alternative

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dates proposed by Defendant;

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WHEREAS, at the earliest, Mr. Weir appears to be available for deposition on

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February 23 or 24, 2016, and counsel for the parties have agreed for it to occur on February

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24, 2016;

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WHEREAS, to allow Defendant an opportunity to examine Mr. Weir adequately in
advance of the due date of their opposition, the parties have met and conferred and
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JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION BRIEFING
CASE NO. 4:14-CV-02411 YGR

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respectfully request a short extension of the class certification briefing schedule by three

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weeks;

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NOW, THEREFORE, IT IS STIPULATED, by and between the undersigned

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parties, though their respective counsel of record, pursuant to Rule 6 and Local Civil Rules 6-

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1(b) and 2(a), and consistent with the Court’s civility guidelines, that the Court set the

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following deadlines regarding class certification:

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Event

New Deadline

Defendant’s Opposition to
Class Certification Due

Current
Deadline
February 23,
2016

Plaintiff’s Reply in Support
Class Certification Due

March 22,
2016

April 12, 2016

Hearing on Motion for
Class Certification

April 12, 2016
at 2:00 p.m.

May 3, 2016
May 10, 2016 at 2pm

March 15, 2016

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Dated: February 8, 2016

SIDLEY AUSTIN LLP

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By: /s/Sean A. Commons*
Sean A. Commons
Attorneys for Defendant
SALOV NORTH AMERICA CORP., INC.

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Dated: February 8, 2016

GUTRIDE SAFIER LLP

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By: /s/Adam Gutride
Adam Gutride
Attorneys for Plaintiff
ROHINI KUMAR
* Filer attests that all signatories listed, and on whose behalf the filing is submitted, concur in the
filing’s content and have authorized the filing.

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JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION BRIEFING
CASE NO. 4:14-CV-02411 YGR

[PROPOSED] ORDER

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Pursuant to Local Civil Rule 6-2(a), and GOOD CAUSE APPEARING

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IT IS SO ORDERED

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February 9, 2016
Dated: ___________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT

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JOINT STIPULATION TO CONTINUE CLASS CERTIFICATION BRIEFING
CASE NO. 4:14-CV-02411 YGR