Nygren v. Hewlett-Packard Company

Filing 92

STIPULATION AND ORDER AS MODIFIED BY THE COURT Granting Request to Extend Class Discovery and Briefing Deadlines re 90 Stipulation. Set/Reset Deadlines: Close of Class Certification Discovery due by 1/8/2010. Deadline to File Class Certification M otion due by 1/29/2010. Opposition due 3/5/2010. Reply due 3/26/20010. Class Certification Motion Hearing set for 4/12/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/19/2009. (ecg, COURT STAFF) (Filed on 11/20/2009)

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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 N UNITED STATES DISTRICT COURT D 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. ER NORTHERN DISTRICT OF CALIFORNIA F IS T RIC T O 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 CT ES JEFFREY L. KODROFF C AT (Pro Hac Vice) T SPECTOR, ROSEMAN, KODROFF & WILLIS, P.C. 1818 Market Street, SuiteDERED OR 2500 PhiladelphIT PA SO ia, IS 19103 IFIED D Telephone: 215.496.0300 AS MO Facsimile: 215.496.6611 E-mail: jkodroff@srkw-law.com re mes Wa Judge Ja Attorneys for Plaintiffs DISTRI RT U O UNIT ED S Case No. 07-05793 (JW) STIPULATED REQUEST FOR ORDER EXTENDING CLASS DISCOVERY AND BRIEFING DEADLINES FO R NIA NO 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 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 26, 2009 adopting the parties' proposed class certification discovery and briefing schedule with the following modification: Class Certification Hearing: January 25, 2010 WHEREAS, following the issuance of the Court's Third Scheduling Order on June 26, 2009, the parties continued to exchange discovery; WHEREAS, on August 10, 2009, the parties filed a Stipulated Request for an Order and Proposed Order Extending Class Certification Discovery and Briefing Deadlines request ing the Court's approval o f the following modifications to the class certification discovery and briefing schedule: Class Certification Discovery Deadline: Plaint iffs' Class Certification Motion: HP's Opposition: Plaint iffs' Reply Class Certification Hearing: November 30, 2009 December 21, 2009 January 29, 2009 February 19, 2009 [Set by Court] 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, pursuant to the parties' August 10, 2009 Stipulated Request for an Order Extending Class Discovery and Briefing Deadlines, the Court issued an Order on August 20, 2009 granting the parties' request and scheduling the class certification hearing as follows: Class Certification Hearing: March 8, 2010; WHEREAS, since the issuance of the Court's August 20, 2009 Order, the parties have exchanged additional discovery requests and have continued to produce discovery in earnest; WHEREAS, the parties are current ly in the process of scheduling multiple depositions; WHEREAS, despite their efforts to maintain the class certification discovery deadline, which currently is set to pass on November 30, 2009, 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 continue to explore a potential resolution to this matter and, therefore, also request this extension in an effort to avoid what may be an unnecessary and/or premature expenditure of time and expense; WHEREAS, as set forth above, the parties have sought, and were granted, only one prior extension of time on the class certification discovery and 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 26, 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: January 8, 2010 January 29, 2010 March 5, 2010 March 26, 2010 ASetilby Court] at 9 a.m. [ pr 12, 2010 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 Dated: November 4, 2009 MORGAN, LEWIS & BOCKIUS LLP By: /s/ Robert A. Particelli Robert A. Particelli Attorneys for Defendant HEWLETT-PACKARD COMPANY Dated: November 4, 2009 RAM & OLSON LLP EDELSON & ASSOCIATES, LLC SPECTOR, ROSEMAN, KODROFF & WILLIS , P.C. By: /s/ Marc H. Edelson Marc H. Edelson Attorneys for Plaintiffs PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED. November 19, 2009 Dated: November ____, 2009 ____________________________________ The Honorable James Ware United States District Judge Case No. 07-05793 (JW) STIPULATED REQUEST FOR ORDER EXTENDING CLASS DISCOVERY AND BRIEFING DEADLINES 4

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