Aguirre v. American Honda Motor Co., Inc.
Filing
54
ORDER (as modified) GRANTING 53 STIPULATION to Further Modify the Case Schedule signed by Judge Haywood S. Gilliam, Jr. on 1/14/2025. Discovery due by 4/22/2025 Motions due by 5/8/2025 Responses due by 8/15/2025 Replies due by 11/25/2025 Motion Hearing set for 12/18/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 1/14/2025)
1
2
3
4
5
6
7
8
SHOOK, HARDY, & BACON L.L.P.
Amir Nassihi, SBN 235936
anassihi@shb.com
555 Mission Street, Suite 2300
San Francisco, California 94104
Tel: 415.544.1900 | Fax: 415.391.0281
Michael L. Mallow, SBN 188745
mmallow@shb.com
Frank P. Kelly III, SBN 83473
fkelly@shb.com
2049 Century Park East, #3000
Los Angeles, California 90067
Tel: 424.285.8330 | Fax: 424.204.9093
9
Attorneys for Defendant
AMERICAN HONDA MOTOR CO., INC.
10
[additional counsel listed in signature block]
11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
OAKLAND DIVISION
14
15
16
JOSE ELIAS MORALES AGUIRRE, on behalf
of himself and other similarly situated,
18
19
20
FURTHER JOINT STIPULATION AND
ORDER TO MODIFY CASE
SCHEDULE (as modified)
Plaintiffs,
17
Case No. 4:22-cv-06909-HSG
v.
AMERICAN HONDA MOTOR CO., INC.,
Defendant.
21
22
23
24
25
26
27
28
FURTHER JOINT STIPULATION TO MODIFY CASE SCHEDULE
CASE NO. 4:22-cv-06909-HSG
1
Plaintiff Jose Elias Morales Aguirre (“Plaintiff”) and Defendant American Honda Motor
2
Co., Inc. (“AHM” or “Defendant”) (collectively the “Parties”) respectfully submit this request to
3
further extend the case schedule to complete additional discovery necessary for briefing class
4
certification. Despite the Parties’ exercise of “painful diligence” since the last hearing and the
5
issuance of the operative Scheduling Order (ECF 52), discovery is not complete and has been
6
disrupted by the recent Los Angeles fires. For good cause shown, as set forth in detail below, the
7
Parties request an additional ninety (90) days to complete the deposition of CARB, obtain additional
8
CARB documents, complete the 30(b)(6) of AHM, assimilate all information for effective briefing
9
of class certification, and brief the certification motion.
10
PROCEDURAL BACKGROUND
11
On July 8, 2024, the Parties submitted a proposed Joint Stipulation and Order to Modify
12
Case Schedule (ECF 48). This was the first requested extension of the dates in this putative class
13
action. The request was for a roughly six-month extension, with the fact discovery deadline
14
extended from September 14, 2024, to March 3, 2025.
15
On July 9, 2024, the Court held a Case Management Conference and ordered that the
16
scheduling issue would be revisited at a further conference to be held on August 13, 2024, after
17
additional discovery. The Court further instructed the Parties to suggest new revised dates based on
18
the exercise of “painful diligence” in determining a reasonable request for extending the discovery
19
schedule and that, if the Parties could agree, to submit a revised stipulation and proposed order to
20
modify the case schedule by August 12, 2024. ECF 50.
21
Subsequently, the Parties submitted an updated Stipulation to extend the dates by four
22
months (ECF 51), which the Court approved and entered as the current operative Scheduling Order.
23
ECF 52. The discovery accomplished to date as a result of the Parties’ “painful diligence” since
24
issuance of the current Order includes: (i) three additional document productions by AHM on
25
September 23, 2024, November 1, 2024, and as recently as December 4, 2024, derived from an
26
exhaustive list of search terms that the Parties met and conferred on for several weeks and which
27
were necessary for a complete production; (ii) the 30(b)(6) deposition of AHM, which was not
28
completed; (iii) the deposition of CARB, which was not completed; (iv) a second set of document
1
FURTHER JOINT STIPULATION TO MODIFY CASE SCHEDULE
CASE NO. 4:22-cv-06909- HSG
1
demands, and an initial set of requests for admissions and special interrogatories propounded by
2
AHM on Plaintiff; (v) AHM’s subpoena to CARB for relevant documents and information; and,
3
(vi) scheduling Plaintiff’s deposition. In addition, as required by the current deadlines, a mediation
4
took place on January 15, 2025. However, the case did not settle, making the remaining discovery
5
even more critical for certification.
6
FACTS SUPPORTING ADDITIONAL REQUESTED TIME
7
The 30(b)(6) deposition of AHM was not completed on August 8, 2024, and was scheduled
8
to be completed on January 9, 2025. However, on January 8, 2025, AHM canceled the deposition
9
due to the emergency evacuation and the unavailability of its handling counsel impacted by the Los
10
Angeles fires, and whose home was lost in the Los Angeles “Eaton” fire hours thereafter. AHM’s
11
Los Angeles lead counsel who might otherwise have assisted in covering discovery activities this
12
month was also subject to an emergency evacuation that same day, and his home was lost to the
13
“Palisades” fire hours later. The Parties are in the process of rescheduling the deposition, but, in
14
light of the fire impacts, the Parties are unable to confirm new dates prior to the current discovery
15
cutoff.
16
The deposition of a CARB representative took place on December 5, 2024, regarding
17
CARB’s position as to whether the head gasket at issue in this case is a “warranted part” under the
18
California Emissions Warranty. The CARB deposition did not conclude that day, and Plaintiff
19
immediately sought to coordinate with CARB and all counsel to schedule the second session of the
20
deposition as soon as possible. However, due to the holidays, and despite the best efforts of CARB
21
and the State AG defending the CARB deponent, and all counsel (including consideration of
22
multiple proposed dates), the deposition is now being re-set for February 21, 2025, which is the
23
soonest date that all participants are available.
24
Plaintiff also requested that CARB supplement its production based on information adduced
25
during the first session of the CARB deposition by producing additional documents (including
26
internal analyses, memoranda, emails, and notes) related to whether the head gasket is warranted
27
under the Emissions Warranty. Based on the first deposition, in December 2024, AHM also
28
2
FURTHER JOINT STIPULATION TO MODIFY CASE SCHEDULE
CASE NO. 4:22-cv-06909- HSG
1
subpoenaed documents from CARB following its deposition. CARB is searching for documents,
2
but they will not be produced before either the current discovery cutoff or the deadline for Plaintiff’s
3
opening class certification brief. CARB anticipates it will take at least four weeks to produce
4
additional documents.
5
In addition, Plaintiff has sold his vehicle, AHM is working with Plaintiff to track down
6
contact details of the current owner to try to secure an inspection of the vehicle, and additional time
7
is needed for this.
8
The Parties require all of the foregoing discovery, including deposition testimony and
9
documents, to adequately brief certification, which the Parties cannot do under the current schedule,
10
which requires Plaintiff’s opening brief to be filed by February 7, 2025. Moreover, the ongoing fire
11
situation has continued to impact counsel’s ability to litigate this action. The office of Plaintiff’s co-
12
lead counsel has been without power and subject to potential evacuations and have been granted
13
extensions to respond to discovery; key counsel for AHM is unavailable; it has been difficult to
14
reschedule witnesses; and the Parties and their counsel have been focusing on evacuation due to the
15
fires and pursuing recovery options for counsels in this case who have lost their homes. The Parties
16
reasonably believe that through the exercise of additional “painful diligence” they can conclude
17
discovery by April 21, 2025, and Plaintiff can file his class certification motion by May 8, 2025.
18
In addition, based on discovery to date and discussions between counsel, the Parties disagree
19
over a fundamental, threshold legal issue regarding the scope of emissions defect warranty coverage,
20
specifically, whether the California Regulations extend emissions defect warranty coverage to basic
21
mechanical components, such as the head gasket, in Partial Zero Emissions Vehicles (PZEVs). This
22
critical threshold legal issue is central to the claims in this case and will significantly impact the
23
scope and direction of the litigation moving forward. The Parties are considering whether it is
24
procedurally efficient for a form of a motion for legal determination to address this threshold legal
25
question, prior to the briefing of Plaintiff’s certification motion. The additional time requested will
26
allow the Parties to work through this issue, and if appropriate, for a summary judgment or other
27
motion seeking a legal determination to be filed.
28
3
FURTHER JOINT STIPULATION TO MODIFY CASE SCHEDULE
CASE NO. 4:22-cv-06909- HSG
1
2
3
4
5
6
7
8
9
10
11
12
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that, subject to Court
approval, the schedule is revised as follows:
Activity
Non-Expert Discovery Cut Off (including hearing of
discovery motions)
Deadline for motion for Class Certification, and for
disclosures and reports of any experts Plaintiff intends
to rely on at class certification
Deadline for any opposition to a motion for class
certification; for Defendant’s disclosures and reports of
any experts Defendant intends to rely on at class
certification; and for any motion by AHM to limit or
exclude Plaintiff’s class certification expert testimony
based on Daubert or any other basis
Deadline for Plaintiff’s reply in support of a motion for
class certification; deadline for Plaintiff to challenge
AHM’s class certification expert testimony based on
Daubert or any other basis
Hearing on motion for class certification
Current Date
January 20, 2025
Proposed Date
April 22, 2025
February 7, 2025
May 8, 2025
May 8, 2025
August 15, 2025
July 7, 2025
November 25,
2025
July 31, 2025
December 18,
2025
13
14
15
IT IS SO STIPULATED. A proposed Order is submitted concurrently.
Dated: January 13, 2025
16
Respectfully submitted,
SHOOK, HARDY & BACON L.L.P.
17
By:
/s/ Amir Nassihi ________
AMIR NASSIHI
18
19
Attorneys for Defendant
AMERICAN HONDA MOTOR CO., INC.
20
21
Dated: January 13, 2025
Respectfully submitted,
22
POMERANTZ LLP
23
By:
24
25
26
27
/s/ Ari Y. Basser
ARI Y. BASSER
Jordan L. Lurie, SBN 130013
jllurie@pomlaw.com
Ari Y. Basser, SBN 272618
abasser@pomlaw.com
1100 Glendon Avenue
15th Floor Los Angeles, CA 90024
Telephone: (310) 432-8492
28
4
FURTHER JOINT STIPULATION TO MODIFY CASE SCHEDULE
CASE NO. 4:22-cv-06909- HSG
Robert L. Starr, SBN 183052
robert@starrlaw.com
THE LAW OFFICE OF ROBERT L. STARR
23901 Calabasas Road, Suite 2072
Calabasas, CA 91302
Tel: 818.225.9040 | Fax: 818.225.9042
1
2
3
4
Manny Starr, SBN 319778
manny@frontierlawcenter.com
Adam Rose, SBN 210880
adam@frontierlawcenter.com
FRONTIER LAW CENTER
23901 Calabasas Road, #2074
Calabasas, CA 91302
Tel: 818.914.3433
5
6
7
8
9
Attorneys for Plaintiff
10
11
CERTIFICATION OF COMPLIANCE WITH N.D. L.R. 5-1(h)(3)
12
13
14
Pursuant to L.R. 5-1(h)(3), I attest that concurrence in the filing of this document has been
obtained from the above signatories.
15
By:
16
/s/ Ari Y. Basser
Ari Y. Basser
17
18
19
20
21
22
23
24
25
26
27
28
5
FURTHER JOINT STIPULATION TO MODIFY CASE SCHEDULE
CASE NO. 4:22-cv-06909- HSG
ORDER
1
2
PURSUANT TO STIPULATION, THE FOLLOWING SCHEDULE IS ENTERED:
3
4
5
6
7
8
9
10
11
12
13
Activity
Non-Expert Discovery Cut Off (including hearing of
discovery motions)
Deadline for motion for Class Certification, and for
disclosures and reports of any experts Plaintiff intends to
rely on at class certification
Deadline for any opposition to a motion for class
certification; for Defendant’s disclosures and reports of any
experts Defendant intends to rely on at class certification;
and for any motion by AHM to limit or exclude Plaintiff’s
class certification expert testimony based on Daubert or any
other basis
Deadline for Plaintiff’s reply in support of a motion for
class certification; deadline for Plaintiff to challenge
AHM’s class certification expert testimony based on
Daubert or any other basis
Hearing on motion for class certification
Date
April 22, 2025
May 8, 2025
August 15, 2025
November 25, 2025
December 18, 2025 at 2 p.m.
14
15
16
Dated: 1/14/2025
_____________________________________
HON. HAYWOOD S. GILLIAM, JR.
17
18
19
20
21
22
23
24
25
26
27
28
6
FURTHER JOINT STIPULATION TO MODIFY CASE SCHEDULE
CASE NO. 4:22-cv-06909- HSG
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?