Overpeck et al v. Fedex Corporation et al

Filing 194

ORDER by Judge Phyllis J. Hamilton re 175 Case Management Conference. (pjhlc1S, COURT STAFF) (Filed on 10/14/2020)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HERMAN OVERPECK, et al., 9 10 United States District Court Northern District of California 11 Case No. 18-cv-07553-PJH Plaintiffs, 8 v. ORDER RE: CASE MANAGEMENT CONFERENCE FEDEX CORPORATION, et al., Re: Dkt. No. 175 Defendants. 12 13 14 On August 20, 2020, the court held a case management conference and directed 15 the parties to submit either a joint proposal or, if a joint proposal could not be reached, 16 separate proposals. Dkt. 175. Unable to reach an agreement, the parties have filed 17 several statements and responses regarding how to manage this case. See Dkts. 183– 18 84, 186–89. Because the parties are not in agreement, the court will follow its normal 19 schedule, (see Dkts. 73, 80), and proceed first to a class certification motion to be 20 followed by a further case management conference to set a pretrial schedule. 21 Accordingly, the court SETS the following briefing schedule. Plaintiffs shall file a 22 class certification motion by February 26, 2021, defendant FedEx Ground Package 23 Systems, Inc. shall file an opposition by April 30, 2021, FedEx Corporation and the CSP 24 defendants may file separate oppositions or join FedEx Ground’s opposition by May 28, 25 2021, and plaintiffs shall file a reply by July 30, 2021. The court will schedule a hearing 26 as needed following completion of the parties’ briefing. The parties shall complete class 27 certification discovery by January 29, 2021 (other than the exceptions noted in defendant 28 FedEx Ground’s proposed plan, Dkt. 183 at 6). The parties may file a stipulation or 1 2 3 4 5 motion to shorten or modify the discovery or briefing schedule as necessary. IT IS SO ORDERED. Dated: October 14, 2020 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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