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

Filing 96

STIPULATION AND ORDER VACATING PRELIMINARY PRETRIAL CONFERENCE re 91 Stipulation. The Preliminary Pretrial Conference currently scheduled for September 9, 2011, is hereby VACATED. The court will reschedule the conference in its order on Plaintiff's Motion for Class Certification *** 9/9/2011 Deadlines terminated. Signed by Judge Edward J. Davila on 8/26/2011. (ecg, COURT STAFF) (Filed on 8/29/2011)

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Attorneys for Defendant
Wal-Mart Stores, Inc.

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JAMES M. NELSON – SBN 116442
[e-mail]
AMBER JENE SAYLE – SBN 211999
[e-mail]
NANCY J. DOIG – SBN 226593
[e-mail]
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NISHA BROWN and KATHY WILLIAMSON,
individually and on behalf of all others similarly
situated,

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Plaintiffs,
v.
WAL-MART STORES, INC., and DOES 1-50,
inclusive,

CASE NO. 5:09-CV-03339-EJD
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE THE PRELIMINARY
PRETRIAL CONFERENCE
Preliminary Pretrial Conference:
Date:
September 9, 2011
Time:
10:00 a.m.
Judge:
Edward J. Davila
Courtroom 1-5th Floor

Defendants.

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DEN 97,589,991 v1 016436.123000

Case No. 5:09-cv-03339-EJD
STIPULATION AND [PROPOSED] ORDER CONTINUING THE PRELIMINARY PRETRIAL CONFERENCE

STIPULATION

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Plaintiffs, Nisha Brown and Kathy Williamson, by and through their attorneys of record, and

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Defendant, Wal-Mart Stores, Inc., through its attorneys of record, pursuant to Local Rule 66-144(e),

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hereby stipulate as follows:
RECITALS

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1.

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generate a Joint Preliminary Pretrial Conference Statement.
2.

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Counsel for the parties have telephonically conferred for purposes of attempting to

At present, the hearing on the motion for class certification is set for 9:00 A.M. on

September 9, 2011, an hour before the pre-trial scheduling conference.

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3.

Defendant opposes certification and timely filed its opposition.

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4.

Plaintiff’s reply is not yet due to be filed but Plaintiffs’ counsel reports it will be filed on

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Friday, August 26, 2011.
5.

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Pursuant to the Court’s May 5, 2011, order, the Joint Preliminary Pretrial Conference

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Statement is due Tuesday August 30, 2011; well before the court will rule on the class certification

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motion.
6.

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The Court’s ruling on the certification question is material to the parties’ assessment of

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what work remains to be done, how the case will proceed, appropriate discovery and law and motion

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cut-off dates and expert disclosure and discovery. All of those components and the court’s ruling on

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certification are, in turn, material to selection of a trial date and estimates of how long the trial will last.
7.

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Although counsel for the parties have discussed the issues in good faith, the one thing

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they can agree on is that attempting to schedule the case and hence generate the Joint Preliminary

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Pretrial Conference Statement without benefit of the court’s ruling on certification is unwieldy and

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unlikely to result in a document the court will ultimately find useful.
8.

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The parties therefore jointly request that the Preliminary Pretrial Conference date be

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vacated and reset to occur at least 30 days after issuance of the court’s ruling on the certification motion.

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DEN 97,589,991 v1 016436.123000

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Case No. 5:09-cv-03339-EJD
STIPULATION AND [PROPOSED] ORDER CONTINUING THE PRELIMINARY PRETRIAL CONFERENCE

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ACCORDINGLY, IT IS HEREBY STIPULATED THAT:

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The Court's May 5, 2011, Order be amended such that: (1) The Preliminary Pretrial Conference,

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currently scheduled for September 9, 2011, will be continued until such time as the Court has issue a

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ruling on Plaintiff's Motion for Class Certification; and (2) the Joint Preliminary Pretrial Statement shall

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be filed ten calendar days prior to the hearing.

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Dated: August 25, 2011

GREENBERG TRAURIG, LLP

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By:ls/James M Nelson
James M. Nelson
Amber Jene Sayle
Nancy J. Doig
Attorneys for Defendant
Wal-Mart Stores, Inc.

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Dated: August 25,2011

MCINERNEY & JONES

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omeys for Plaintiffs
Nisha Brown and Kathy Williams, et a!.

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[PROPOSED] ORDER
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The Preliminary Pretrial Conference currently scheduled for September 9,to _____ , at
IT IS SO ORDERED. The Preliminary Pretrial Conference is continued 2011, is hereby
VACATED. The court will reschedule the conference in its order on Plaintiff's Motion for Class
a.m./p.m. The
Certification. Joint Preliminary Pretrial Statement shall be filed ten calendar days prior to the pretrial
conference.

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August 29
Dated: -----~' 2011
District Court Judge Edward J. Davila

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Case No. 5:09-cv-03339-EJD
STIPULATION AND [PROPOSED] ORDER CONTINUING THE PRELIMINARY PRETRJAL CONFERENCE

DEN 97,589,991 v1 016436.123000