Koh v. SC Johnson & Son, Inc

Filing 120

STIPULATION AND ORDER 116 Extending Discovery and Class Certification Briefing Deadlines: Jury Trial set for 1/17/2012 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing (MSJ) set for 8/22/2011 09:00 AM in Cou rtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 1/5/2012 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 11/18/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Discovery cutoff 7/11/2011. Signed by Judge Ronald M. Whyte on 5/12/11. (jgS, COURT STAFF) (Filed on 5/12/2011)

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REESE RICHMAN LLP
Michael R. Reese (Cal. State Bar. No. 206773)
Kim E. Richman
Belinda L. Williams
875 Avenue of the Americas, 18th Floor
New York, New York 10001
Telephone:
[phone]
Facsimile
[phone]
*E-FILED - 5/12/11*

Attorneys for Plaintiff and the Proposed Class

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KIRKLAND & ELLIS LLP
Jeffrey Willian, P.C.
Robert B. Ellis, P.C.
Bradley H. Weidenhammer
Nickolas A. Kacprowski (Cal. State Bar. No. 242684)
Amy E. Crawford
300 North LaSalle Street
Chicago, Illinois 60654
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant S.C. Johnson & Son, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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WAYNE KOH, on behalf of himself and all
others similarly situated
Plaintiff,

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Case No.: 09-cv-00927 RMW

vs.
S.C. JOHNSON & SON, INC.,

STIPULATION AND [] ORDER
EXTENDING DISCOVERY AND CLASS
CERTIFICATION BRIEFING DEADLINES

Defendant.
STIPULATION AND [PROPOSED] ORDER
EXTENDING DISCOVERY AND CLASS CERTIFICATION BRIEFING DEADLINES

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Plaintiff Wayne Koh and Defendant SC Johnson & Son, Inc. (collectively, the “Parties”), by

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their attorneys, hereby stipulate, contingent upon permission of the Court, to the following extension

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of the current discovery and class certification briefing deadlines. The Parties also hereby

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respectfully request that the Court order the stipulated schedule:

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Stipulation and [ Order Extending
Discovery and Briefing Schedule

Case No. 09-cv-00927 RMW

STIPULATION

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WHEREAS, on January 19, 2011, the Court entered the following schedule (Dkt. 72);

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Class Certification Briefing:
Defendant’s response to motion for class certification:

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Plaintiff’s reply in support of motion for class certification: May 9, 2011

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Hearing on Plaintiff’s Motion for Class Certification:

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Fact discovery cut-off:

Motions for summary judgment:

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August 22, 2011

Last Day to Hear Dispositive Motions:

September 16, 2011, at 9:00 a.m.

Pretrial Conference:

October 27, 2011 at 2:00 p.m.

Jury Trial:

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July 22, 2011

Replies in support of motions for summary judgment:

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June 22, 2011

Responses to motions for summary judgment:

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June 6, 2011

Summary Judgment Briefing:

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May 23, 2011

Depositions of defendant’s experts:

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May 9, 2011

Defendant’s expert reports due:

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April 25, 2011

Depositions of plaintiff’s experts:

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May 9, 2011

Plaintiff’s expert reports due:

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May 27, 2011

Discovery:

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April 11, 2011

November 14, 2011 at 1:30 p.m.

Trial:

WHEREAS, in addition to the dates listed above, Plaintiff also filed a motion to compel
certain production of documents from Defendant that is scheduled for hearing on May 3, 2011;
WHEAREAS, pursuant to a joint stipulation between the Parties reached in respond to a
motion to compel filed by Plaintiffs, Defendant’s Chief Executive Officer, H. Fisk Johnson, is to sit
for his deposition prior to the current discovery cut-off date of May 9, 2011 (Dkt. 111);
WHEREAS, on April 11, 2011, Defendants served several experts reports in support of their
opposition to Plaintiff’s Motion for Class Certification;

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Stipulation and [] Order Extending
Discovery and Briefing Schedule

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Case No. 09-cv-00927 RMW

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WHEREAS, Plaintiff needs to depose Defendant’s experts prior to filing Plaintiff’s Reply in
Support of Plaintiff’s Motion for Class Certification, which is currently due on May 9, 2011,

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WHEAREAS, Plaintiff subpoenaed the experts on April 15, 2011 for their depositions;

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WHEREAS, Defendant’s experts are not available for deposition prior to May 9, 2011;

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WHEREAS, the Parities recently entered serious settlement negotiations, and are in the

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process of retaining a private mediator;
WHEREAS, the Parties believe that it is in the best interest of efficiency and judicial

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economy if they focus their efforts to determine if the matter can be settled at this point without

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further discovery and motion practice;

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WHEREAS, the Parties have, to date, requested two extensions of the discovery deadline and
trial date, which was granted by the Court on February 2, 2010 and January 19, 2011;
WHEREAS, the Parties estimate that they need an additional sixty (60) days to meet with a
mediator and determine whether this action can be settled;
THE FOLLOWING SCHEDULE, UPON PERMISSION OF THE COURT, IS AGREED

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TO BY THE PARTIES:

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Class Certification Briefing:

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Plaintiff’s reply in support of motion for class certification:
Hearing on the Motion for Class Certification:
Discovery:

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July 11, 2011
July 29, 2011

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Hearing on Plaintiff’s Motion to Compel (Dkt. 93): on or before June 21, 2011

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Fact discovery cut-off:

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Deposition of CEO H. Fisk Johnson:

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Plaintiff’s expert reports due:

June 27, 2011

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Depositions of plaintiff’s experts:

July 11, 2011

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Defendant’s expert reports due:

July 25, 2011

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Depositions of defendant’s experts:

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July 11, 2011
before July 11, 2011

August 8, 2011

Summary Judgment Briefing:
Motions for summary judgment:

August 22, 2011

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Stipulation and [] Order Extending
Discovery and Briefing Schedule

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Case No. 09-cv-00927 RMW

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Responses to motions for summary judgment:

September 22, 2011

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Replies in support of motions for summary judgment:

October 21, 2011

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Last Day to Hear Dispositive Motions:

November 18, 2011, at 9:00 a.m.

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Pretrial Conference:

January 5, 2012 at 2:00 p.m.

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Jury Trial:

January 17, 2012 at 1:30 p.m.

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Trial:

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED:

April 27, 2011
REESE RICHMAN LLP

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/s/ Michael R. Reese
Michael R. Reese
875 Avenue of the Americas, 18th Floor
New York, New York 10001
Telephone:
[phone]
Facsimile:
[phone]

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KIRKLAND & ELLIS LLP

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/s/ Jeffrey L. Willian
Jeffrey L. Willian
Robert B. Ellis
Bradley H. Weidenhammer
300 North LaSalle Street
Chicago, Illinois 60654
Telephone:
[phone]
Facsimile:
[phone]

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[] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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5/12/11
DATED: ____________________

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________________________________
Ronald M. Whyte
United States District Judge

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Stipulation and [] Order Extending
Discovery and Briefing Schedule

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Case No. 09-cv-00927 RMW