Baba v. Hewlett Packard Company

Filing 84

STIPULATION AND ORDER RE 83 ENLARGMENT OF TIME RELATED TO PLAINTIFFS' ANTICIPATED MOTION FOR CLASS CERTIFICATION. Signed by Judge Richard Seeborg on 1/11/12. (cl, COURT STAFF) (Filed on 1/12/2012)

*E-Filed 1/12/12*

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Barbara Quinn Smith (Ohio Bar 0055328)
(pro hac vice)
MADDOX HARGETT & CARUSO
9933 Johnnycake Ridge Road
Suite 3F
Mentor, OH 44060
Telephone: [phone]
Facsimile: 440-848-8175
[e-mail]
(Additional Counsel listed below)

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Attorneys for David Baba and Ray Ritz

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Samuel Liversidge, SBN 180578
[e-mail]
David Han, SBN 247789
[e-mail]
GIBSON, DUNN & CRUTCHER LLP 333
South Grand Avenue
Los Angeles, California 90071-3197 Telephone:
213.229.7000 Facsimile: 213.229.7520

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

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Kristofor T. Henning (Pro Hac Vice)
Franco A. Corrado (Pro Hac Vice)
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: 215.963.5001
[e-mail]
[e-mail]
Attorneys for Defendant Hewlett-Packard
Company

DAVID BABA and RAY RITZ,
individually and on behalf of all others similarly
situated,
PLAINTIFFS,
-vsHEWLETT PACKARD COMPANY,
DEFENDANT.

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CASE NO: C 09 5946-RS-HRL

STIPULATION REGARDING
ENLARGMENT OF TIME
RELATED TO PLAINTIFFS’
ANTICIPATED MOTION FOR
CLASS CERTIFICATION

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-1STIPULATION REGARDING ENLARGEMENT OF TIME RELATED TO PLAINTIFFS’
ANTICIPATED MOTION FOR CLASS CERTIFICATION - CASE NO: C 09 5946-RS-HRL

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Through this Stipulated Request and [Proposed] Order, Plaintiffs David Baba and Ray

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Ritz (“Plaintiffs”) and Defendant Hewlett-Packard Company (“HP”) stipulate and agree to

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continue the hearing on Plaintiffs’ anticipated motion for class certification and to extend the

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schedule for the related briefing as set forth below, and jointly request that the Court approve this

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extension pursuant to L.R. 6-2.

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WHEREAS, during the Case Management Conference held on August 11, 2011, the

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parties proposed a hearing date of May 10, 2012 for Plaintiffs’ anticipated motion for class

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certification;

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WHEREAS, at that conference, the Court further requested that the parties submit an
agreed upon briefing schedule for Plaintiffs’ anticipated motion for class certification;

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WHEREAS, on August 18, 2011, the parties submitted the following stipulated briefing
schedule for Plaintiffs’ anticipated motion for class certification:
Case Schedule

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Deadline for filing of anticipated class February 8, 2012
certification motion
HP’s opposition to class certification due
March 22, 2012

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Plaintiffs’ reply in support of class certification April 19, 2012

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due

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WHEREAS, since that time, the parties have engaged, and continue to engage, in formal
discovery regarding Plaintiffs’ claims and anticipated motion for class certification;
WHEREAS, two discovery disputes have been presented to the Court and remain
pending;

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WHEREAS, the parties negotiated in good faith over the form of a Stipulated Protective

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Order governing the production of sensitive confidential and highly confidential information in

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this matter;

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-2STIPULATION REGARDING ENLARGEMENT OF TIME RELATED TO PLAINTIFFS’
ANTICIPATED MOTION FOR CLASS CERTIFICATION - CASE NO: C 09 5946-RS-HRL

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WHEREAS, after the parties reached an impasse in those negotiations, Plaintiffs filed a
Motion for Protective Order on August 5, 2011;

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WHEREAS, HP filed its response to Plaintiffs’ motion on August 19, 2011;

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WHEREAS, an order resolving that motion has yet to issue;

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WHEREAS, in the interim, HP has produced documents that may be subject to the

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protective order, and Plaintiffs have agreed that those documents will not be disclosed to anyone

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other than counsel;

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WHEREAS, in order to conduct depositions prior to filing the anticipated motion for
class certification, Plaintiffs anticipate the need to consult with an expert regarding the evidence
produced thus far, and thus the need for that expert to review confidential documents;
WHEREAS, Plaintiffs are unable to do so until a ruling is received on the pending
Motion for Protective Order;
WHEREAS, the parties also submitted a Joint Discovery Dispute on September 27, 2011
regarding the production of materials identifying potential putative class members that remains
pending;
WHEREAS, Plaintiffs anticipate that this information may be necessary to enable them
to obtain evidence relevant to their anticipated motion for class certification and, therefore,
sought HP’s agreement to extend the briefing schedule and hearing for Plaintiffs’ anticipated
motion for class certification;

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WHEREAS, HP does not oppose Plaintiffs’ request for an extension;

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WHEREAS, the parties have neither agreed to nor sought a prior extension of time on the

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class certification briefing schedule or continuance of the hearing date;

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ACCORDINGLY, pursuant to Civil Local Rules 6-2 and 7-12, the parties hereby

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stipulate to, and request the Court’s approval of, the following extended class certification

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briefing schedule:

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-3STIPULATION REGARDING ENLARGEMENT OF TIME RELATED TO PLAINTIFFS’
ANTICIPATED MOTION FOR CLASS CERTIFICATION - CASE NO: C 09 5946-RS-HRL

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Case Schedule
Deadline for filing of anticipated class April 6, 2012
certification motion
HP’s opposition to class certification due
May 21, 2012
Plaintiffs’ reply in support of class certification June 18, 2012
due
Hearing on anticipated motion for class To be determined by the Court
July 5, 2012 at 1:30 p.m.
certification

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Dated: January 11, 2012

Respectfully submitted,
/s/ _Barbara Quinn Smith_____________
Barbara Quinn Smith (Ohio Bar 0055328)
Thomas K.Caldwell (Indiana Bar 16001-49)
(pro hac vice)
T. John Kirk (Indiana Bar 27202-29)
(Pro Hac Vice)
MADDOX HARGETT & CARUSO
10100 Lantern Road
Suite 150
Fishers, IN 46038
Telephone: [phone]
Facsimile: 317-598-2050
Scott R. Kaufman, SBN 190129
1400 Coleman Ave., Suite F-26
Santa Clara, CA 95050
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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GIBSON, DUNN & CRUTCHER LLP
Samuel G. Liversidge David S. Han
MORGAN, LEWIS & BOCKIUS LLP
Kristofor T. Henning
By: /s/ Kristofor T. Henning
Kristofor T. Henning
Attorneys for Hewlett-Packard Co.
-4STIPULATION REGARDING ENLARGEMENT OF TIME RELATED TO PLAINTIFFS’
ANTICIPATED MOTION FOR CLASS CERTIFICATION - CASE NO: C 09 5946-RS-HRL

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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1/11/12
Dated: __________________________

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____________________________________
RICHARD SEEBORG

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UNITED STATES DISTRICT JUDGE

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-5STIPULATION REGARDING ENLARGEMENT OF TIME RELATED TO PLAINTIFFS’
ANTICIPATED MOTION FOR CLASS CERTIFICATION - CASE NO: C 09 5946-RS-HRL