Koh v. SC Johnson & Son, Inc

Filing 54

STIPULATION AND ORDER 53 Establshing Discovery ad Briefing Schedule: Jury Trial set for 7/11/2011 01:30 PM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 5/6/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 6/9/2011 02:00 PM in Courtroom 6, 4th Floor, San Jose. Discovery cutoff 1/13/2011. Signed by Judge Ronald M. Whyte on 8/16/10. (jg, COURT STAFF) (Filed on 8/16/2010)

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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] Attorneys for Plaintiff and the Proposed Class KIRKLAND & ELLIS LLP Jeffrey Willian, P.C. (Pro Hac Vice) Robert B. Ellis, P.C. (Pro Hac Vice) Bradley H. Weidenhammer (Pro Hac Vice) Nickolas A. Kacprowski (Cal. State Bar. No. 242684) 300 North LaSalle Street Chicago, Illinois 60654 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant S.C. Johnson & Son, Inc.

*E-FILED - 8/16/10*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION WAYNE KOH, on behalf of himself and all others similarly situated Plaintiff, vs. S.C. JOHNSON & SON, INC., Defendant. STIPULATION AND [] ORDER ESTABLISHING DISCOVERY AND BRIEFING SCHEDULE Case No.: 09-cv-00927 RMW

STIPULATION AND [] ORDER ESTABLISHING DISCOVERY AND BRIEFING SCHEDULE Pursuant to Local Rule 6-1(b), Plaintiff Wayne Koh and Defendant S.C. Johnson & Son, Inc. ("SC Johnson") (collectively, the "Parties"), by their attorneys, hereby stipulate to the following schedule and respectfully request that the Court order the stipulated schedule:

Stipulation and [] Order Establishing Discovery and Briefing Schedule

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STIPULATION WHEREAS, on June 23, 2010, the Court entered the following schedule (Dkt. 50); Class Certification Briefing: Plaintiff's motion for class certification: Defendant's response to motion for class certification: Plaintiff's reply in support of motion for class certification: Discovery: Fact discovery cut-off: Plaintiff's expert reports due: Depositions of plaintiff's experts: Defendant's expert reports due: Depositions of defendant's experts: Summary Judgment Briefing: Motions for summary judgment: Responses to motions for summary judgment: Replies in support of motions for summary judgment: Last Day to Hear Dispositive Motions: Trial: Pretrial Conference: Jury Trial: August 2, 2010 September 16, 2010 October 14, 2010 October 12, 2010 October 19, 2010 November 2, 2010 November 16, 2010 December 3, 2010 November 19, 2010 December 20, 2010 January 19, 2011 February 4, 2011, at 9:00 a.m. March 10, 2011 at 2:00 p.m. April 4, 2011 at 1:30 p.m.

WHEREAS, though the Parties have been working diligently to complete discovery, they realize that they need additional time to complete class and full merits discovery. The Parties are in the process of completing document discovery, but deposition discovery has not yet commenced. The Parties agree that an extension is appropriate to allow the deposition of Plaintiff and the Rule 30(b)(6) deposition of Defendant to occur prior to the filing dates of their respective class certification briefs; WHEREAS, the Parties have been negotiating in good faith to enter a stipulation for coordinated discovery in a related putative nationwide class action, Petlack v. S.C. Johnson & Son, Inc., Case No. 08-cv-00820 (E.D. Wisc.) and believe that an extension is necessary to achieve the necessary coordination between the two cases. The allegations in Petlack are substantially similar to those in this case, and lead counsel for both parties are the same. Proceedings have advanced

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much more rapidly in the above-captioned action than in Petlack. The Parties recognize that it will be mutually beneficial to coordinate discovery in the two cases in order to conserve judicial resources and avoid duplication, delay, waste, and unnecessary litigation expense. The anticipated stipulation for coordinated discovery in Petlack will import all discovery taken in this case to Petlack, and therefore, provides that no additional discovery will be taken other than on class issues, discovery of plaintiff Petlack, and/or any other issues unique to that case. The Parties agree that a 90-day extension of all dates will allow the Parties sufficient time to complete discovery. Thus, this extension will enable the Parties to enter into the stipulation for coordinated discovery in Petlack, which, as stated above, will create substantial efficiencies for the Parties and the Courts; WHEREAS the parties have already worked together and agreed to a specific sequencing of events for the schedule in this case, including the appropriate length and sequence of time periods for class certification briefing, expert discovery, summary judgment briefing, and trial, and do not wish to alter the durations or sequence of those deadlines; WHEREAS, the Parties have, to date, requested a sixty (60) day extension of the discovery deadline and trial date, which was granted by the Court on February 2, 2010, and a one hundred and twenty (120) day extension of the discovery deadline and trial date, which was granted by the Court on June 23, 2010; WHEREAS, the Parties estimate that they need an additional ninety (90) days to complete discovery and conduct briefing on class certification and summary judgment; THE FOLLOWING SCHEDULE, UPON PERMISSION OF THE COURT, IS AGREED TO BY THE PARTIES: Class Certification Briefing: Plaintiff's motion for class certification: Defendant's response to motion for class certification: Plaintiff's reply in support of motion for class certification: November 1, 2010 December 15, 2010 January 13, 2011

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Discovery: Fact discovery cut-off: Plaintiff's expert reports due: Depositions of plaintiff's experts: Defendant's expert reports due: Depositions of defendant's experts: Summary Judgment Briefing: Motions for summary judgment: Responses to motions for summary judgment: Replies in support of motions for summary judgment: Last Day to Hear Dispositive Motions: Trial: Pretrial Conference: Jury Trial: June 9, 2011 at 2:00 p.m. July 11, 2011 at 1:30 p.m. February 21, 2011 March 23, 2011 April 20, 2011 May 6, 2011, at 9:00 a.m. January 13, 2011 January 20, 2011 February 3, 2011 February 17, 2011 March 3, 2011

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. REESE RICHMAN LLP /s/ Michael R. Reese Michael R. Reese 875 Avenue of the Americas, 18th Floor New York, New York 10001 Telephone: [phone] Facsimile: [phone] KIRKLAND & ELLIS LLP /s/ Bradley H. Weidenhammer (with permission) Jeffrey L. Willian, P.C. (Pro Hac Vice) Robert B. Ellis, P.C. (Pro Hac Vice) Bradley H. Weidenhammer (Pro Hac Vice) 300 North LaSalle Street Chicago, IL 60654 Telephone: [phone] Facsimile: [phone]

Dated: July 28, 2010

Dated: July 28, 2010

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[] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

________________________________ Ronald M. Whyte United States District Judge

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