Decker v. Hewlett Packard Company

Filing 43

STIPULATION AND ORDER AS MODIFIED BY THE COURT EXTENDING DISCOVERY AND BRIEFING DEADLINES re 39 Stipulation. Motion Hearing re Class Certification set for 12/6/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Preliminary Pretrial Conference state ment due 1/28/2011. Preliminary Pretrial Conference set for 2/7/2011 11:00 AM in Courtroom 8, 4th Floor, San Jose. Close of All Discovery due by 3/7/2011. Last Date for Hearing Dispositive Motions due by 5/2/2011. Please see Order for further modifications by the Court. Signed by Judge James Ware on 3/30/2010. (ecg, COURT STAFF) (Filed on 3/30/2010)

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STIPULATED REQUEST FOR ORDER AND [PROPOSED] ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES Action filed: January 22, 2009

Through this Stipulated Request and [Proposed] Order, Plaintiff Katherine E. Decker ("Plaintiff") and Defendant Hewlett Packard Company ("HP") stipulate and agree to extend the discovery and briefing deadlines as set forth below, and jointly seek that the Court approve this

WHEREAS, on May 8, 2009, the parties filed a Joint Case Management Statement and Rule 26(f) Report (Dkt. No. 20); WHEREAS, on May 14, 2009, the Court entered an Order (Dkt. No. 23) setting certain dates regarding discovery and class certification as follows: Case Schedule Close of Briefing on Anticipated Motion for Class November 16, 2009 Certification Hearing on Anticipated Motion for Class December 7, 2009 at 9 a.m. Certification Close of All Discovery July 12, 2010 Last Date for Hearing Dispositive Motions September 13, 2010 (=60 days after the Close of All Discovery) Preliminary Pretrial Conference June 14, 2010 (=30 days before the Close of All Discovery) Preliminary Pretrial Conference Statements June 4, 1010 (Due 10 days before Conference)

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Case No. 09-00295 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES

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WHEREAS, the parties jointly requested an extension of discovery and briefing deadlines on October 27, 2009 (Dkt. No. 36); WHEREAS, this Court granted the parties' joint request for extension of discovery and briefing deadlines on October, 29, 2009, and entered an Order (Dkt. No. 38) setting certain dates regarding discovery and class certification as follows: Case Schedule Close of Briefing on Anticipated Motion for Class May 24, 2010 Certification Deadline for Class Certification motion to be filed March 22, 2010 HP's Opposition to Class Certification due May 3, 2010

Decker's Reply in Support of Class Certification due May 24, 2010 Hearing on Anticipated Certification Close of All Discovery Motion for Class June 14, 2010 at 9 a.m. December 20, 2010 February 14, 2011 at 9 a.m. November 15, 2010 at 11 a.m. November 5, 2010

Last Date for Hearing Dispositive Motions (=60 days after the Close of All Discovery) Preliminary Pretrial Conference (=30 days before the Close of All Discovery) Preliminary Pretrial Conference Statements (Due 10 days before Conference)

WHEREAS, the parties have negotiated in good faith to agree upon a Stipulated Protective Order governing the production of sensitive confidential and highly confidential information in this matter; WHEREAS, the parties have been unable to reach agreement as to certain provisions of the Stipulated Protective Order and will seek a determination by this Court; WHEREAS, the parties have exchanged Initial Disclosures, but formal discovery regarding Plaintiff's anticipated motion for class certification has not been completed; WHEREAS, the parties each require additional discovery prior to briefing the issues of class certification; WHEREAS, the parties have jointly sought and were granted one prior extension of time
Case No. 09-00295 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES

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on the discovery and/or briefing deadlines; 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 discovery and briefing schedule:
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Close of Briefing on Anticipated Motion for Class November 24, 2010 Certification Deadline for Class Certification motion to be filed September 22, 2010 August 20, 2010 HP's Opposition to Class Certification due November 2010 October 15,3, 2010

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Decker's Reply in Support of Class Certification due November 5, 2010 November 24, 2010 Hearing on Anticipated Certification Close of All Discovery Motion for Class December 6, 2010 at 9:00 Court To be determined by the AM June 20, 2011 March 7, 2011 (extended approximately 6 months) To be 2011 May 2,determined by the Court To be determined February 7, 2011 by the Court To be determined January 28, 2011 by the Court

Last Date for Hearing Dispositive Motions (=60 days after the Close of All Discovery) Preliminary Pretrial Conference (=30 days before the Close of All Discovery) Preliminary Pretrial Conference Statements (Due 10 days before Conference)

Dated: March 18, 2010

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MORGAN, LEWIS & BOCKIUS LLP /s/ Kristofor T. Henning KRISTOFOR T. HENNING, ESQUIRE Attorneys for Defendant HEWLETT-PACKARD COMPANY

Dated: March 18, 2010

THE STURDEVANT LAW FIRM A Professional Corporation /s/ Monique Olivier MONIQUE OLIVIER, ESQUIRE

Dated: March 18, 2010

THE CRONGEYER LAW FIRM A Professional Corporation /s/ John w. Crongeyer JOHN W. CRONGEYER, ESQUIRE Attorneys for Plaintiff KATHERINE E. DECKER

Case No. 09-00295 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES

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PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED.

March 30, 2010 Dated: __________________________

____________________________________ JAMES WARE UNITED STATES DISTRICT JUDGE

ATTESTATION UNDER GENERAL ORDER 45 I, Monique Olivier, am the ECF User whose ID and password are being used to file the within document: STIPULATED REQUEST FOR ORDER AND [PROPOSED] ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES Pursuant to General Order 45, I hereby attest that Kristofor T. Henning has concurred in this filing and that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. By: /s/ Monique Olivier MONIQUE OLIVIER

ATTESTATION UNDER GENERAL ORDER 45 I, Monique Olivier, am the ECF User whose ID and password are being used to file the within document: STIPULATED REQUEST FOR ORDER AND [PROPOSED] ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES Pursuant to General Order 45, I hereby attest that John W. Crongeyer has concurred in this filing and that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. By: /s/ Monique Olivier MONIQUE OLIVIER

Case No. 09-00295 (JW) ­ STIPULATED REQUEST FOR ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES

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