Brown et al v. Wal-Mart Store, Inc.

Filing 58

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO MODIFY SCHEDULING ORDER DATED JANUARY 18, 2010 IN LIGHT OF COURT'S MAY 5, 2010 ORDER STAYING DISCOVERY re 55 Stipulation. Deadline to File Class Certification Motion due by 5/23/2011. Opposition due by 6/6/2011. Reply due by 6/13/2011. Motion Hearing set for 6/27/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 11/12/2010. (ecg, COURT STAFF) (Filed on 11/12/2010)

Brown et al v. WAL-MART STORE, INC.

Doc. 58

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Attorneys for Defendant WAL-MART STORES, INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NISHA BROWN and KATHY WILLIAMSON, individually and on behalf of all others similarly situated, Plaintiffs, v. WAL-MART STORES, INC., and DOES 1-50, inclusive, Defendants. Case No. C09-03339-JW STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER DATED JANUARY 18, 2010 IN LIGHT OF COURT'S MAY 5, 2010 ORDER STAYING DISCOVERY

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LIT T LE R ME N D E LS O N
A PR O F E S S I O N A L C O R P O R A T I O N 50 W. Sa n F e r n a n d o, 15th F lo o r Sa n Jose , C A 95113.2303 408. 99 8 . 41 5 0

Pursuant to Civil Local Rule 7-12, Plaintiffs NISHA BROWN and KATHY WILLIAMSON ("Plaintiffs"), and Defendant WAL-MART STORES, INC. ("Defendant"), by and through their counsel, make the following stipulated request to modify the Scheduling Order dated January 18, 2010: WHEREAS, on January 28, 2010, the Court issued a Scheduling Order. (Docket No. 15). WHEREAS, on May 5, 2010, in response to Defendant's request to shorten time for its Motion for Judgment on The Pleadings, or in the Alternative Request for Stay, the Court issued an Order Denying Defendant's Motion to Change Time and Staying Action Pending Disposition of
Firmwide:98589329.1 015602.6736

STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
Dockets.Justia.com

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11/12/2010

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DENNIS M. BROWN, Bar No. 126575 [e-mail] MARLENE S. MURACO, Bar No. 154240 [e-mail] KARIN M. COGBILL, Bar No. 244606 [e-mail] LITTLER MENDELSON A Professional Corporation 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 Telephone: [phone]

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Defendant's Motion for Judgment on the Pleadings. (Docket No. 41).

Pursuant to the Order,

discovery in this case was stayed, including a then-pending discovery motion before Magistrate Trumbull, until the Court had an opportunity to evaluate the merits of Defendant's Motion for Judgment on the Pleadings. (Id. at 2:2-2.) WHEREAS, on October 19, 2010, the Court issued an Order Denying Defendant's Motion for Judgment on the Pleadings; Denying Defendant's Motion for Stay. (Docket No. 52). WHEREAS, pursuant to the Court's May 5, 2010 Order, the Parties were prohibited from conducting discovery in this matter between May 5, 2010 and October 19, 2010 and the parties have still not received an order from Magistrate Trumbull on the discovery motion that was pending at the time the Court issued the stay. WHEREAS, the Scheduling Order dated January 28, 2010 provides for case deadlines that the Parties in good faith believe will not allow them to appropriately prepare their respective cases for class certification, dispositive motions and trial. NOW, THEREFORE, the Parties stipulate and respectfully request that the January 28, 2010 Scheduling Order be modified to allow for an extension of time for various case deadlines in light of the previous discovery stay. The Parties, therefore, propose the following dates:

Disclosure of Expert Witnesses (limited to class certification issues) Disclosure of Rebuttal Expert Witnesses Deadline for Filing Motion for Class Certification Deadline for Filing Opposition to Motion for Class Certification Deadline for Filing Reply to Motion for Class Certification Hearing on Motion for Class Certification at 9:00 a.m. Further Case Management Conference to Discuss Post Certification Events, and Trial Scheduling at 11:00 a.m.

March 21, 2011 April 22, 2011 April 22, 2011 May 23, May 23, 2011 June 20, 2011 June 11,2011 July 6, 2011 June 25, 2011 July 13, 2011 June 27,8, 2011 August 2011 August 29, 2011

The Court will set a further Case Management Conference in its Order addressing Class Certification.

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER

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LIT T LE R ME N D E LS O N
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With regard to previous time modifications in this case; the Court previously continued the Initial Case Management Conference from January 11, 2010 to February 1, 2010, and entered the Order staying discovery on May 5, 2010. The Court also continued the deadline for the parties to participate in an ENE Conference until after the Court issues an Order regarding Plaintiffs' request for class certification (Docket No. 39). There have been no other time modifications in this case. SO STIPULATED. Dated: November 10, 2010

/s/ Marlene Muraco MARLENE MURACO LITTLER MENDELSON A Professional Corporation Attorneys for Defendant WAL-MART STORES, INC. Dated: November 10, 2010 /s/ Matthew Righetti MATTHEW RIGHETTI RIGHETTI LAW FIRM Attorneys for Plaintiffs NISHA BROWN and KATHY WILLIAMSON

PURSUANT TO STIPULATION, IT IS SO ORDERED: AS MODIFIED

Dated: November 12, 2010 ____________

_________________________________ Hon. James Ware

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER