Laurie Munning v. The Gap, Inc. et al

Filing 99

ORDER by Judge Haywood S. Gilliam, Jr. Granting (Docket Nos. 98 in case 4:16-cv-03804-HSG and 42 in case 4:17-cv-05905-HSG) STIPULATION Re Case Management Scheduling Order. (ndrS, COURT STAFF) (Filed on 8/29/2018)

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MORGAN, LEWIS & BOCKIUS LLP
Joseph Duffy, Bar No. 241854
[e-mail]
Esther K. Ro, Bar No. 252203
[e-mail]
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
THE GAP, INC.; GAP (APPAREL) LLC;
GAP INTERNATIONAL SALES, INC.;
BANANA REPUBLIC, LLC; and BANANA
REPUBLIC (APPAREL) LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAURIE MUNNING, on behalf of
herself and all others similarly situated,
Plaintiffs,

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vs.

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THE GAP, INC.; GAP (APPAREL)
LLC; GAP INTERNATIONAL SALES,
INC.; BANANA REPUBLIC, LLC; and
BANANA REPUBLIC (APPAREL)
LLC,

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and
MICHAEL PALLAGROSI, on behalf of
himself and all others similarly situated,

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Plaintiffs,

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JOINT STIPULATION TO
CONTINUE CASE
MANAGEMENT DEADLINES
AND ORDER

Complaint served: May 25, 2016
Judge: Hon. Haywood S. Gilliam, Jr.
Ctrm: 2

Defendants.

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Case No. 4:16-cv-03804-HSG

Case No. 4:17-cv-05905-HSG
Complaint served: October 25, 2017
Judge: Hon. Haywood S. Gilliam, Jr.
Ctrm: 2

vs.
THE GAP, INC.; GAP (APPAREL)
LLC; GAP INTERNATIONAL SALES,
INC.; BANANA REPUBLIC, LLC; and
BANANA REPUBLIC (APPAREL)
LLC,
Defendants.

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JOINT STIPULATION AND ORDER
DB2/ 34182467.1

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Based on progress made at a mediation in this matter on August 20, 2018,

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Defendants The Gap, Inc.; Gap (Apparel) LLC; Gap International Sales, Inc.; Banana

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Republic, LLC; and Banana Republic (Apparel) LLC (“Defendants” or “Gap”) and

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Plaintiff Laurie Munning and Plaintiff Michael Pallagrosi (“Plaintiffs”), by and

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through their respective counsel of record, hereby stipulate to continue the case

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management deadlines currently set in this case, by thirty (30) days, subject to Court

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approval. The parties seek a brief extension of the case management deadlines in

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light of the need to continue discussions following the mediation in Pallagrosi, two

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pending decisions in outstanding motions in Pallagrosi and Coladonato, et al. v. The

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Gap, Inc., et al., Case No. 1:17-cv-11998-JHR-KMW (D.N.J.), and the recent filing

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of another case in California state court.

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1.

On January 11, 2018, this Court entered an order setting the deadline

for mediation on or before July 11, 2018. See Pallagrosi Dkt. 19.
2.

On February 1, 2018, this Court entered a scheduling order in the

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related Munning, et al. v. The Gap, Inc., et al., Case No. 4:16-cv-003804-HSG,

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setting the deadlines for fact discovery, expert disclosures, class certification

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motions and hearings, and dispositive motions. See Munning Dkt. 91. On June 14,

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2018, the Court entered a Revised Scheduling Order. See Munning Dkt. 96.

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3.

The parties have been conducting fact discovery, including exchanging

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written discovery and producing documents. The parties have produced a

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voluminous number of documents and data, which is requiring significant time to

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process and analyze.

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4.

On March 8, 2018, this Court took Defendants’ motion to dismiss

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Plaintiff’s complaint in Pallagrosi under submission, and the motion remains

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pending.

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5.

The Coladonoto case, involving allegations of false advertising

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relating to in-store purchases at Gap and Banana Republic outlet stores was filed in

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the New Jersey Superior Court Law Division (Camden County) on October 9, 2017
DB2/ 34182467.1

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JOINT STIPULATION AND ORDER

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by the same counsel as in Munning and Pallagrosi. Defendants removed the case

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to the United States District Court in the District of New Jersey. Plaintiff

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Coladonato filed a motion for remand to state court on December 7, 2017. Plaintiff

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Coladonato’s motion for remand remains pending. If Plaintiffs’ motion is denied,

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Defendants intend to seek to transfer it to the Northern District of California.

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6.

On or around May 3, 2018, Plaintiffs’ counsel, on behalf of Carmen

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Andrews, a consumer in California, filed a new action against Defendants involving

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allegations of false advertising relating to in-store purchases at Gap and Banana

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Republic outlet stores located in California. Andrews v. The Gap, Inc., et al, Case

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No. CGC-18-567237, Superior Court of the State of California, County of San

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Francisco.

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7.

On August 20, 2018, the parties participated in a mediation with the

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Hon. Jay Gandhi (Ret.) involving all four related matters. During the mediation,

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the parties made substantial progress with respect to a proposed agreement that

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would resolve all four matters on a class wide basis. The parties are continuing to

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work together directly and through Judge Gandhi (Ret.) to resolve the remaining

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differences and believe that their request for a brief amount of additional time will

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increase their ability to succeed on those efforts. The parties have made progress

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with respect to discovery and will continue to do so while they negotiate but it is

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their hope to avoid some of the costs and burdens of completing all discovery while

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they continue to negotiate.

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Accordingly, the parties propose a brief extension of approximately

four weeks of the case management schedule as follows:

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Event

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Current Deadlines

Proposed Deadlines

(Munning Dkt. 91)
Fact Discovery Cutoff

September 20, 2018

October 19, 2018

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DB2/ 34182467.1

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JOINT STIPULATION AND ORDER

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Initial Expert Disclosures

October 18, 2018

November 19, 2018

Rebuttal Expert

November 15, 2018

December 14, 2018

November 29, 2018

January 4, 2019

December 27, 2018

January 28, 2019

March 7, 2019

April 11, 2019

March 11, 2019

April 8, 2019

May 9, 2019

June 6, 2019

Disclosures
Expert Discovery
Deadline
Munning Motion for
Class Certification Due
Munning Class
Certification Hearing
Pallagrosi Motion for
Class Certification Due
Pallagrosi Class
Certification Hearing

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SO STIPULATED.
Dated: August 28, 2018

LAW OFFICES OF TODD M. FRIEDMAN

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By: /s/ Todd M. Friedman
Todd M. Friedman

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and

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DeNITTIS OSEFCHEN PRINCE,
P.C. Stephen P. DeNittis, Esq. (pro
hac vice admitted)

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Attorneys for Plaintiff LAURIE
MUNNING and MICHAEL
PALLAGROSI

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DB2/ 34182467.1

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JOINT STIPULATION AND ORDER

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Dated: August 28, 2018

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MORGAN, LEWIS & BOCKIUS LLP
By: /s/ Joseph Duffy
Joseph Duffy
Esther K. Ro
Attorneys for Defendants
THE GAP, INC., GAP (APPAREL) LLC,
GAP INTERNATIONAL SALES, INC.,
BANANA REPUBLIC LLC, and BANANA
REPUBLIC (APPAREL) LLC

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DB2/ 34182467.1

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JOINT STIPULATION AND ORDER

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ATTESTATION

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I, Joseph Duffy, am the registered ECF user whose username and password are
being used to file this Joint Stipulation. In compliance with LR 5-1(i)(3), I hereby
attest that the above-identified counsel concurred in this filing.

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Dated: August 28, 2018

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Joseph Duffy

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PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS
SO ORDERED.

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Dated: August 29, 2018

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_____________________________________
HONORABLE HAYWOOD S. GILLIAM JR.
United States District Judge

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DB2/ 34182467.1

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JOINT STIPULATION AND ORDER