Eidler et al v. Brookdale Senior Living, Inc. et al

Filing 758

ORDER GRANTING 757 STIPULATION FOR PARTIAL EXTENSION OF EXPERT DISCLOSURE DEADLINE. Opening Reports due by 5/15/2024; Rebuttal Reports due by 6/17/2024; and Close of Expert Discovery due by 7/15/2024. Signed by Judge Haywood S. Gilliam, Jr. on 3/27/2024. (ndr, COURT STAFF) (Filed on 3/27/2024)

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Guy B. Wallace – 176151
Mark T. Johnson – 76904
Jennifer U. Bybee – 302212
Travis C. Close – 308673
Rachel L. Steyer – 330064
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608-1863
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Gay Crosthwait Grunfeld – 121944
Jenny S. Yelin – 273601
Benjamin Bien-Kahn – 267933
Amy Xu – 330707
ROSEN BIEN
GALVAN & GRUNFELD LLP
101 Mission Street, Sixth Floor
San Francisco, California 94105-1738
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and
the Certified Classes

Erica Rutner (SBN 344880)
[e-mail]
John A. Bertino (VBN 93393) (Pro Hac
Vice); [e-mail]
MOORE & LEE, P.C.
110 SE 6th Street, Suite 1980
Fort Lauderdale, Florida 33301
Telephone: [phone]
Facsimile: [phone]
Michael D. Jacobsen (IL SBN 6303584) (Pro
Hac Vice)
[e-mail]
SEYFARTH SHAW LLP
233 South Wacker Drive, Suite 8000
Chicago, Illinois 60606-6448
Telephone: [phone]
Facsimile: [phone]
Kristina M. Launey (SBN 221335)
[e-mail]
SEYFARTH SHAW LLP
400 Capitol Mall, 23rd Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
BROOKDALE SENIOR LIVING, INC.
and BROOKDALE SENIOR LIVING
COMMUNITIES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

23 STACIA STINER, et al.,
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Plaintifs

v.
25 BROOKDALE SENIOR LIVING, INC.;
BROOKDALE SENIOR LIVING
26 COMMUNITIES, INC.; and DOES 1 through
100,
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Defendants.

Case No. 4:17-cv-03962-HSG
STIPULATION AND ORDER FOR
PARTIAL EXTENSION OF EXPERT
DISCLOSURE DEADLINE

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Case No. 4:17-cv-03962-HSG
STIP AND ORDER FOR PARTIAL EXTENSION OF EXPERT DISCLOSURE DEADLINE

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Plaintiffs and Defendants hereby jointly submit the following stipulation and proposed

2 Order requesting a two-week extension of the current expert deadlines relating only to Plaintiffs’
3 individual and class claims on Defendants’ transportation services and/or the Fleet Safety Policy
4 (“FSP”). Specifically, the stipulation and proposed Order would (1) extend the May 1, 2024
5 deadline for submitting expert disclosures and written expert reports to May 15, 2024 for
6 transportation and/or FSP-related opinions only, (2) extend the June 1, 2024 deadline for serving
7 rebuttal expert disclosures and written expert reports to June 17, 2024 for transportation and/or
8 FSP-related opinions only, and (3) extend the July 1, 2024 expert discovery deadline to July 15,
9 2024 for transportation and/or FSP-related opinions only. Good cause exists for such extensions
10 for the reasons described herein.
STIPULATION

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WHEREAS, on February 4, 2024, Magistrate Judge Laurel Beeler entered an Order (ECF

13 No. 725) allowing Plaintiffs to exceed the ten-deposition limit of Fed. R. Civ. P. 30(a)(2)(A)(i) to
14 take certain depositions sought by Plaintiffs, including the deposition of Defendants’ Corporate
15 Fleet Manager, Michael Johnson, and
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WHEREAS, around that same time, Plaintiffs also sought a Rule 30(b)(6) deposition

17 relating to Plaintiffs’ transportation and FSP-related claims, but had not yet filed a letter brief on
18 the issue, and
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WHEREAS the parties subsequently resolved their dispute concerning this proposed Rule

20 30(b)(6) deposition by agreeing that Mr. Johnson would be designated to testify on behalf of
21 Defendants relating to Plaintiffs’ FSP-related claims and that the depositions of Mr. Johnson in his
22 individual capacity and as the Defendants’ designee would be combined, and
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WHEREAS, the parties further agreed that ESI from Mr. Johnson based on agreed-upon

24 search terms would be produced a week prior to the deposition, and
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WHEREAS, the parties agreed that Plaintiffs would take the deposition of Mr. Johnson on

26 March 27, 2024, and
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WHEREAS, Defendants were able to produce a significant number of emails and

28 attachments from Mr. Johnson at least one week in advance of the deposition, but have not yet
Case No. 4:17-cv-03962-HSG
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STIP AND ORDER FOR PARTIAL EXTENSION OF EXPERT DISCLOSURE DEADLINE

1 been able to collect and produce other emails from Mr. Johnson due to significant and
2 unanticipated technical issues associated with Mr. Johnson’s custodial file, and
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WHEREAS, the parties discussed, and Plaintiffs agreed to, postpone Mr. Johnson’s

4 deposition in order to give Defendants’ time to resolve the technical issue and collect and produce
5 such information and to give Plaintiffs a reasonable period of time before the deposition to review
6 such material, and,
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WHEREAS, the next date on which Mr. Johnson is available to be deposed is April 22,

8 2024, and
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WHEREAS, pursuant to this Court’s Scheduling Order dated January 9, 2024 (ECF No.

10 707), the current deadline for the exchange of opening expert reports is May 1, 2024, the current
11 deadline for the exchange of rebuttal expert reports is June 1, 2024, and the close of expert
12 discovery is July 1, 2024, and
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WHEREAS, Plaintiffs believe the period of time between April 22, 2024 and the expert

14 disclosure deadline of May 1, 2024 is insufficient for Plaintiffs’ expert witnesses to review the
15 deposition testimony of Mr. Johnson and prepare a report that includes opinions based on such
16 testimony, and
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WHEREAS, Defendants believe that any period of time less than 30 days would be

18 insufficient for Defendants’ expert witness(es) to prepare an expert report in opposition to
19 Plaintiffs’ expert report(s) relating to the same,
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NOW, THEREFORE, IT IS HEREBY STIPULATED, subject to this Court’s approval, as

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1. The deadline for serving expert disclosures and written reports related to Plaintiffs’

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claims concerning Defendants’ transportation services and Fleet Safety Policy is

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extended to May 15, 2024.

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2. The deadline for serving rebuttal expert disclosures and written reports related to

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Plaintiffs’ claims concerning Defendants’ transportation services and Fleet Safety

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Policy is extended to June 17, 2024.

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Case No. 4:17-cv-03962-HSG
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STIP AND ORDER FOR PARTIAL EXTENSION OF EXPERT DISCLOSURE DEADLINE

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3. The close of expert discovery related to Plaintiffs’ claims concerning Defendants’
transportation services and Fleet Safety Policy is extended to July 15, 2024.
4. All other expert disclosures and report deadlines remain unchanged.

4 IT IS SO STIPULATED.
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6 DATED: March 27, 2024

SCHNEIDER WALLACE
COTTRELL KONECKY LLP

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By: /s/ Guy B. Wallace
Guy B. Wallace

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Attorneys for Plaintiffs and the Certified Class

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DATED: March 27, 2024

MOORE & LEE, P.C.

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By: /s/ Erica Rutner
Erica Rutner

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Attorneys for Defendants

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Case No. 4:17-cv-03962-HSG
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STIP AND ORDER FOR PARTIAL EXTENSION OF EXPERT DISCLOSURE DEADLINE

ORDER

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The Court, having considered the above Stipulation of Plaintiffs and Defendants and good

3 cause appearing therefore, IT IS HEREBY ORDERED as follows:
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1. The deadline for serving expert disclosures and written reports related to Plaintiffs’

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claims concerning Defendants’ transportation services and Fleet Safety Policy is

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extended to May 15, 2024.

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2. The deadline for serving rebuttal expert disclosures and written reports related to

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Plaintiffs’ claims concerning Defendants’ transportation services and Fleet Safety

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Policy is extended to June 17, 2024.

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3. The close of expert discovery relating to Plaintiffs’ claims concerning Defendants’
transportation services and Fleet Safety Policy is extended to July 15, 2024.
4. All other expert disclosure and report deadlines remain unchanged.

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IT IS SO ORDERED.
Dated: 3/27/2024

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HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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Case No. 4:17-cv-03962-HSG
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STIP AND ORDER FOR PARTIAL EXTENSION OF EXPERT DISCLOSURE DEADLINE