Ewert v. eBay, Inc.

Filing 147

ORDER approving stipulation regarding scheduling. Signed by Judge Whyte on 8/11/2011. (rmwlc2, COURT STAFF) (Filed on 8/11/2011)

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Edward S. Zusman (SBN 154366)
Kevin K. Eng (SBN 209036)
MARKUN ZUSMAN & COMPTON, LLP
465 California Street, Suite 500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

John R. Fabry (Admitted Pro Hac Vice)
BAILEY & GALYEN
18333 Egret Bay Blvd., Suite 120
Houston, TX 77058
Telephone: [phone]
Facsimile: 281.335.5871
Attorneys for Plaintiff Michael Ewert

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Attorneys for Plaintiffs the Missing Link,
Inc., d/b/a Bath Plus Inc., and Jeffrey Marks

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COOLEY LLP
Whitty Somvichian (SBN 194463)
101 California St, 5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant eBay, Inc.
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(Additional Counsel listed on following page)
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
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MICHAEL EWERT, on Behalf of Himself and
for the Benefit of All with Common or General
Interest, Any Persons Injured, and All Others
Similarly Situated,
Plaintiffs,

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v.

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EBAY, INC., DOES 1 to 100, inclusive.

Case Nos.

C 07-2198 RMW
C 07-4487 RMW

STIPULATION REGARDING
SCHEDULING AND
ORDER
Date:
Time:
Courtroom:
Judge:

N/A
N/A
6, 4th Floor
Hon. Ronald M. Whyte

Defendant.

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THE MISSING LINK, INC., d/b/a BATH
PLUS INC., and JEFFREY MARKS,
individually and on behalf of all others
similarly situated,
Plaintiffs,

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v.

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EBAY INC.,

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Defendant.

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STIPULATION REGARDING SCHEDULING; ORDER – C 07-2198 RMW; C 07-04487 RMW

Having conferred on the matter, the parties stipulate to the following discovery and trial

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schedule and ask the Court to enter this Stipulation as its Scheduling Order:1
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Fact Discovery Cut-Off: All non-expert discovery must be served in time so that

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responses are due no later than November 17, 2011. All non-expert depositions must be

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commenced by November 17, 2011. After that date, fact discovery may be reopened without

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further order of the Court only for the limited purpose of pursuing additional discovery based on

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the testimony of the experts, and only to the extent that either side’s expert has offered testimony

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based on evidence not previously disclosed during fact discovery. The parties will confer on any

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proposed schedule for the reopening of discovery if that should become necessary.
2.

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a.

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b.

c.

d.

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Dispositive Motions: Any Motions for Summary Judgment or Partial Summary

Judgment shall be filed by no later than April 27, 2012.
4.

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“Daubert” Motions: Daubert motions, if any, must be filed within 30 days

of completing the deposition of the expert who is the subject of the motion.

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Expert Depositions: Depositions of experts must be completed by

February 23, 2012.

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Defendant’s Expert Report: Defendant’s expert report and disclosure shall

be due no later than January 26, 2012.

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Plaintiffs’ Expert Report: Plaintiffs’ expert report and disclosure shall be

served no later than December 14, 2011.

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Expert Discovery:

Trial: The Pre-Trial Conference shall be held on June 29, 2012, or as soon

thereafter as the Court’s schedule permits.
5.

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Class Notice: The parties agree that Class Notice should not be scheduled at this

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time as the parties are working together and contemplate production of documents and further

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evaluation that could lead to settlement or narrowing of issues that would implicate the notice.

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///

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On July 8, 2011, eBay filed a Motion to Decertify the Class, which is now set for hearing on
September 2, 2011 at 9:00 a.m. Should the Court grant that motion, eBay anticipates that the
parties would need to enter a further scheduling stipulation.
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STIPULATION REGARDING SCHEDULING; ORDER – C 07-2198 RMW; C 07-04487 RMW

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The parties will report to the court on the status of these efforts and the timing of notice within

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ninety days of the entry of this order.
Respectfully submitted,

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August 9, 2011

MARKUN ZUSMAN & COMPTON LLP

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By: __/s/ Edward S. Zusman_______________
Edward S. Zusman

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Attorneys for Plaintiffs The Missing Link
d/b/a Bath Plus, Inc. and Jeffrey Marks

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August 9, 2011

BAILEY & GALYEN

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By: ___/s/ John R. Fabry__________________
John R. Fabry

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Attorneys for Plaintiff Michael Ewert

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August 9, 2011

COOLEY LLP

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By: ___/s/ Whitty Somvichian_______________
Whitty Somvichian

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Attorneys for Defendant eBay, Inc.

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[PROPOSED] ORDER
The parties’ proposed schedule is hereby approved.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: ___August 11_______, 2011

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_________________________________
Hon. Ronald M. Whyte

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1230742 v1/SF

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STIPULATION REGARDING SCHEDULING; ORDER – C 07-2198 RMW; C 07-04487 RMW