Nygren v. Hewlett-Packard Company

Filing 89

STIPULATION AND ORDER AS MODIFIED BY THE COURT Extending Class Discovery and Briefing Deadlines re 87 Stipulation. Close of Class Discovery due 11/30/2009, Deadline to file Motion for Class Certification due 12/21/2009, Opposition due 1/29/2010, Reply due 2/19/2010. Motion Hearing re Class Certification set for 3/8/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 8/19/2009. (ecg, COURT STAFF) (Filed on 8/20/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOWARD HOLDERNESS (SBN 169814) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105 Telephone: 415.442.1000 Facsimile: 415.442.1001 E-mail: hholderness@morganlewis.com ROBERT A. PARTICELLI (PAB 82651) (Pro Hac Vice) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: 215.963.5000 Facsimile: 215.963.5001 E-mail: rparticelli@morganlewis.com Attorneys for Defendant HEWLETT-PACKARD COMPANY MICHAEL F. RAM (SBN 104805) RAM & OLSON LLP 639 Front Street, 4th Floor San Francisco, CA 94111 Telephone: 415.433.4949 Facsimile: 415.433.7311 E-mail: mfr@lrolaw.com MARC H. EDELSON (Pro Hac Vice) EDELSON & ASSOCIATES, LLC 45 W. Court Street Doylestown, PA 18901 Telephone: 215.230.8043 Facsimile: 215.230.8735 E-mail: medelson@hofedlaw.com JEFFREY L. KODROFF (Pro Hac Vice) SPECTOR, ROSEMAN,ST KODROFF & WILLIS, P.C. TES DI RICT C 1818 Market TA Street, Suite 2500 Philadelphia, PA 19103 Telephone: 215.496.0300 Facsimile: 215.496.6611 DERED O OR E-mail: jkodroff@srkw-law.com D IT IS S RT U O ER NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NATHAN NYGREN, STEPHEN SHIFFLETTE and AMY FROMKIN, on behalf of themselves and all others similarly situated, Plaintiffs, v. HEWLETT-PACKARD COMPANY, a Delaware corporation, Defendant. N F D IS T IC T O R Case No. 07-05793 (JW) STIPULATED REQUEST FOR ORDER AND [PROPOSED] ORDER EXTENDING CLASS DISCOVERY AND BRIEFING DEADLINES Act ion filed: Trial: November 14, 2007 October 5, 2010 A C LI 1 mes Wa Judge Ja UNITED STATES DISTRICT COURT Case No. 07-05793 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING CLASS DISCOVERY AND BRIEFING DEADLINES FO re R NIA DIFIE AS MO Attorneys for Plaintiffs NO UNIT ED S RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Through this Stipulated Request and [Proposed] Order, Plaintiffs Nathan Nygren, Stephen Shifflette and Amy Fromkin (together, "Plaintiffs") and Defendant Hewlett-Packard Company ("HP") stipulate and agree to extend the class discovery and briefing deadlines as set forth below, and jointly seek that the Court approve this extension pursuant to Civil L.R. 6-2. WHEREAS, on March 18, 2008, the parties filed a Joint Case Management Statement and Rule 26(f) Report; WHEREAS, on December 2, 2008, the parties filed a Joint Stipulation And Proposed Order Amending Joint Case Management Statement and Scheduling Order in light of Plaintiffs' filing a Second Amended Complaint and Defendant's intent ion to file a renewed Motion To Dismiss; WHEREAS, on December 10, 2008, the Court entered an Order setting certain dates regarding discovery and class certification; WHEREAS, on May 28, 2009, the Court issued its Order Granting In Part And Denying In Part Defendant's Motion To Dismiss Plaint iffs' Second Amended Complaint; WHEREAS, on June 12, 2009, the parties filed a Joint Case Management Statement setting forth the following class certification discovery and briefing schedule: Class Certification Discovery Deadline: Plaint iffs' Class Certification Motion: HP's Opposition: Plaint iffs' Reply Class Certification Hearing: August 28, 2009 September 28, 2009 November 13, 2009 December 14, 2009 January 4, 2010 WHEREAS, pursuant to the parties' Joint Case Management Statement, the Court entered an Order on June 23, 2009 adopting the parties' proposed class certification discovery and briefing schedule with the following modification: Class Certification Hearing: January 25, 2010 WHEREAS, since the issuance of the Court's Third Scheduling Order on June 23, 2009, the parties have exchanged additional discovery requests and have continued to produce discovery in earnest; 2 Case No. 07-05793 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING CLASS DISCOVERY AND BRIEFING DEADLINES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, despite their efforts to maintain the class certification discovery deadline, which currently is set to pass in eighteen (18) days, the parties require additional time to complete class certification discovery, including to coordinate depositions and to complete the exchange and/or inspection of documents and other items; WHEREAS, the parties engaged in a mediation session on July 14, 2009 and cont inue to explore a potential resolution; WHEREAS, the parties, therefore, also request this extension in an effort to avoid what may be an unnecessary and/or premature expenditure of time and expense; WHEREAS, the parties have neither agreed to nor sought a prior extension of time on the class certification discovery and/or briefing deadlines; and WHEREAS, the requested time modification will not effect the schedule for merits discovery and/or trial as proposed by the parties' June 12, 2009 Joint Case Management Schedule and modified by the Court's June 23, 2009 Order; ACCORDINGLY, pursuant to Civil Local Rules 6-2 and 7-12, the parties hereby stipulate to, and request the Court's approval of, the following extended class certification discovery and briefing schedule: Class Certification Discovery Deadline: Plaint iffs' Class Certification Motion: HP's Opposition: Plaint iffs' Reply Class Certification Hearing: Dated: August 10, 2009 November 30, 2009 December 21, 2009 2010 January 29, 2009 2010 February 19, 2009 [March Court] at 9 a.m. Set by 8, 2010 MORGAN, LEWIS & BOCKIUS LLP By: /s/ Robert A. Particelli Robert A. Particelli Attorneys for Defendant HEWLETT-PACKARD COMPANY Case No. 07-05793 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING CLASS DISCOVERY AND BRIEFING DEADLINES 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 19 Dated: August ____, 2009 ____________________________________ The Honorable James Ware United States District Judge PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED. By: /s/ Marc H. Edelson Marc H. Edelson Attorneys for Plaintiffs Dated: August 10, 2009 RAM & OLSON LLP EDELSON & ASSOCIATES, LLC SPECTOR, ROSEMAN, KODROFF & WILLIS , P.C. Case No. 07-05793 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING CLASS DISCOVERY AND BRIEFING DEADLINES

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