Nygren v. Hewlett-Packard Company

Filing 94

STIPULATION AND ORDER re 93 Stipulation filed by Stephen Shifflette, Nathan Nygren, Amy Fromkin. Signed by Magistrate Judge Howard R. Lloyd on 1/14/2010. (hrllc1, COURT STAFF) (Filed on 1/14/2010)

** E-filed January 14, 2010 ** 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 1 v. HEWLETT-PACKARD COMPANY, a Delaware corporation, Defendant. HOWARD HOLDERNESS (SBN 169814) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.442.1001 E-mail: [e-mail] ROBERT A. PARTICELLI (PAB 82651) (Pro Hac Vice) KRISTOFOR T. HENNING (PAB 85047) (Pro Hac Vice application forthcoming) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: [phone] Facsimile: 215.963.5001 E-mail: [e-mail] Attorneys for Defendant HEWLETT-PACKARD COMPANY MICHAEL F. RAM (SBN 104805) RAM & OLSON LLP 555 Montgomery Street, Suite 820 San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.433.7311 E-mail: [e-mail] MARC H. EDELSON (Pro Hac Vice) EDELSON & ASSOCIATES, LLC 45 W. Court Street Doylestown, PA 18901 Telephone: [phone] Facsimile: 215.230.8735 E-mail: [e-mail] JOHN A. MACORETTA (Pro Hac Vice) SPECTOR, ROSEMAN, KODROFF, & Willis, P.C. 1818 Market Street, Suite 2500 Philadelphia, PA 19103 Telephone: [phone] Facsimile: 215.496.6611 E-mail: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NATHAN NYGREN, STEPHEN SHIFFLETTE and AMY FROMKIN, on behalf of themselves and all others similarly situated, Plaintiffs, Case No. 07-05793 (JW) STIPULATED REQUEST FOR ORDER AND [PROPOSED] ORDER REGARDING OUTSTANDING DISCOVERY RESPONSES AND MOTION TO COMPEL DISCOVERY DEADLINE Action filed: Trial: November 14, 2007 October 5, 2010

Case No. 07-05793 (JW) ­ STIPULATED REQUEST FOR ORDER REGARDING OUTSTANDING DISCOVERY RESPONSES AND MOTION TO COMPEL DISCOVERY DEADLINE

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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 the following as set forth below, and jointly seek that the Court approve this extension pursuant to Civil L.R. 6-2. WHEREAS, on November 4, 2009, the parties filed a Stipulated Request for an Order and Proposed Order Extending Class Certification Discovery and Briefing Deadlines requesting the Court's approval of the following modifications to the class certification discovery and briefing schedule: Class Certification Discovery Deadline: Plaintiffs' Class Certification Motion: HP's Opposition: Plaintiffs' Reply Class Certification Hearing: January 8, 2010 January 29, 2010 March 5, 2010 March 26, 2010 [Set by Court]

WHEREAS, pursuant to the parties' November 4, 2009 Stipulated Request for an Order and Proposed Order Extending Class Certification Discovery and Briefing Deadlines, the Court issued an Order on November 20, 2009 granting the parties' request and scheduling the class certification hearing as follows: Class Certification Hearing: April 12, 2010 at 9 a.m.

WHEREAS, since the issuance of the Court's November 20, 2009 Order, the parties have exchanged additional discovery requests and have continued to produce discovery in earnest; WHEREAS, since the issuance of the Court's November 20, 2009 Order, the parties have scheduled and taken multiple depositions; WHEREAS, on December 31, 2009, Plaintiffs sent a letter to HP concerning outstanding discovery requests; WHEREAS, the parties are engaging in the meet and confer process regarding Plaintiffs' letter and HP will respond in writing to Plaintiffs' letter on January 11, 2010; WHEREAS, the parties agree that, following the appropriate meet and confer process, Plaintiffs shall file any motion to compel discovery arising out of their December 31, 2009 letter 2

Case No. 07-05793 (JW) ­ STIPULATED REQUEST FOR ORDER REGARDING OUTSTANDING DISCOVERY RESPONSES AND MOTION TO COMPEL DISCOVERY DEADLINE

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by January 15, 2010; WHEREAS, even though HP does not concede that any motion to compel filed by Plaintiffs would be proper, it would not oppose any motion to compel arising out of Plaintiffs' December 31, 2009 letter filed by January 15, 2010 on the grounds that it was filed after the current discovery cutoff date of January 8, 2010; ACCORDINGLY, pursuant to Civil Local Rules 6-2 and 7-12, the parties hereby stipulate to, and request the Court's approval of a deadline of January 15, 2010 for Plaintiffs to file any motion to compel discovery arising out of their December 31, 2009 letter under the terms of this Stipulation. Dated: January 8, 2010 By: /s/ Kristofor T. Henning Kristofor T. Henning MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: [phone] Facsimile: 215.963.5001 E-mail: [e-mail] Attorneys for Defendant HEWLETT-PACKARD COMPANY RAM & OLSON LLP EDELSON & ASSOCIATES, LLC SPECTOR, ROSEMAN & KODROFF & WILLIS , P.C. By: /s/ Michael F. Ram Michael F. Ram RAM & OLSON LLP 555 Montgomery Street, Suite 820 San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.433.7311 E-mail: [e-mail] Attorneys for Plaintiffs

Dated: January 8, 2010

PURSUANT TO STIPULATION, IT IS SO ORDERED. 14 Dated: January ____, 2010 ____________________________________ The Honorable Howard R. Lloyd James Ware United States MagistraJudge District te Judge

Case No. 07-05793 (JW) ­ STIPULATED REQUEST FOR ORDER REGARDING OUTSTANDING DISCOVERY RESPONSES AND MOTION TO COMPEL DISCOVERY DEADLINE

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