Paulsen et al v. CNF, Inc et al

Filing 222

STIPULATION AND ORDER AS MODIFIED BY THE COURT MODIFYING CASE SCHEDULE re 221 Stipulation. Close of All Discovery due by 9/20/2010. Last Date for Hearing Dispositive Motions due by 2/7/2011. Preliminary Pretrial Conference statement due 8/20/2010. Preliminary Pretrial Conference set for 8/30/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Motion Hearing re Class Certification set for 9/27/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. No further extensions will be permitted. Signed by Judge James Ware on 7/13/2010. (ecg, COURT STAFF) (Filed on 7/13/2010)

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Teresa S. Renaker ­ CA State Bar No. 187800 [e-mail] Catha Worthman ­ CA State Bar No. 230399 [e-mail] LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Steven M. Tindall ­ CA State Bar No. 187862 [e-mail] Carole Vigne -- CA State Bar No. 251829 [e-mail] Rukin Hyland Doria & Tindall LLP 100 Pine Street, Suite 725 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Robert E. Mangels [e-mail] Susan Allison [e-mail] Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TOWERS PERRIN FORSTER & CROSBY, INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THOMAS A. PAULSEN, et al. Plaintiffs, v. CNF, INC., et al. Defendants. PVT) CASE NO. C 03-03960 JW (EAI) JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULING Place: Judge: Courtroom 8 Honorable James Ware

WHEREAS, the Court entered a Scheduling Order in this matter on March 30, 2010, which set various deadlines, including the close of class discovery on August 6, 2010, and the close of all discovery on September 20, 2010;

Joint Stipulation and [Proposed] Order re: Discovery Scheduling and Expert Disclosure Deadlines

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WHEREAS, the Court entered another Scheduling Order in this matter on April 28, 2010, which set deadlines for expert disclosure including the following:

September 1, 2010, as the deadline for lodging and serving expert reports; September 30, 2010, as the deadline for lodging and serving any rebuttal expert reports;

October 29, 2010, as the deadline to complete any and all depositions of designated experts; and

November 13, 2010, as the latest date for hearing motion(s) to exclude the expert or any portion of the expert's testimony;

WHEREAS, Plaintiffs served revised requests for production of documents on March 23, 2010, which provided that production be made within 30 days of the request; WHEREAS, Defendant has substantially completed their document production in response to Plaintiffs' discovery requests, but have not yet completed all data production; WHEREAS, the parties agree that their respective experts should have sufficient time to complete their analysis of the relevant documents and data prior to the completion of their expert reports, and sufficient time to complete their analysis of each others' expert reports; WHEREAS, the parties therefore desire to adjust expert discovery deadlines; IT IS HEREBY AGREED AND STIPULATED BY THE PARTIES, if the Court approves, as follows: 1) The following dates will remain as previously ordered by the Court:

Briefing on class certification: ­ Opening brief: August 16, 2010; ­ Opposition brief: August 30, 2010; ­ Reply brief: September 7, 2010 Preliminary pretrial status reports due: August 20, 2010; Preliminary pretrial status conference: August 30, 2010 at 11:00 a.m.; Hearing on class certification: September 27, 2010 at 9:00 a.m.;

Joint Stipulation and [Proposed] Order re: Discovery Scheduling and Expert Disclosure Deadlines

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Close of all fact discovery: September 20, 2010.

2) The following deadlines would be changed:

Exchange of initial expert reports: October 15, 2010; Exchange of rebuttal expert reports: November 15, 2010; Close of expert discovery: December 17, 2010; Deadline for filing dispositive motions and motions to exclude experts: February 7, 2010; Hearing on dispositive motions and expert motions: March 14, 2011.

No furtherBoth parties will be permitted. seek an extension of the close of fact discovery 3) extensions reserve the right to deadline, and any other deadlines. DATED: July ___, 2010 Respectfully submitted, LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. TERESA S. RENAKER JEFFREY LEWIS CATHA WORTHMAN By: /s/Teresa S. Renaker TERESA S. RENAKER Attorneys for Plaintiffs

DATED: July ___, 2010

RUKIN HYLAND DORIA & TINDALL LLP STEVEN M. TINDALL By: /s/Steven M. Tindall Attorneys for Plaintiffs

DATED: July ___, 2010

JEFFER, MANGELS, BUTLER & MARMARO LLP ROBERT R. MANGELS SUSAN ALLISON By: /s/Susan Allison SUSAN ALLISON Attorneys for Defendants TOWERS PERRIN FORSTER & CROSBY, INC.

Joint Stipulation and [Proposed] Order re: Discovery Scheduling and Expert Disclosure Deadlines

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. By: /s/ Catha Worthman LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

Joint Stipulation and [Proposed] Order re: Discovery Scheduling and Expert Disclosure Deadlines

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[PROPOSED] ORDER Pursuant to a stipulation of the parties, previous case schedules are VACATED and the parties are ordered to comply with the following schedule: Close of Class Discovery Briefing on Class Certification August 6, 2010 Opening Brief: August 16, 2010 Opposition Brief: August 30, 2010 Reply Brief: September 7, 2010 September 27, 2010 at 9:00 a.m. September 20, 2010 August 30, 2010 at 11:00 a.m. August 20, 2010 October 15, 2010 November 15, 2010 December 17, 2010 February 7, 2011 March 14, 2011

Hearing on Class Certification Close of All (Fact) Discovery Preliminary pretrial conference Preliminary pretrial conference statements Exchange of initial expert reports Exchange of rebuttal expert reports Close of expert discovery Last day to file dispositive motions and motions to exclude experts Hearing on dispositive motions and expert motions IT IS SO ORDERED. July 13, 2010 Dated: ______________________

_______________________________ Hon. James Ware United States District Judge

Joint Stipulation and [Proposed] Order re: Discovery Scheduling and Expert Disclosure Deadlines

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