Li v. A Perfect Day Franchise, Inc

Filing 254

ORDER Regarding Deadlines. Signed by Judge Lucy H. Koh on 9/14/2011. (lhklc2, COURT STAFF) (Filed on 9/14/2011)

Case5:10-cv-01189-LHK Document253

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Filed09/12/11 Page1 of 4

MONIQUE OLIVIER (SBN 190385)
([e-mail])
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
ADAM WANG, (SBN 201233)
([e-mail])
LAW OFFICES OF ADAM WANG
12 S. First Street, Suite 708
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Putative Class
and Counterdefendants.

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(Additional Counsel Listed on Signature Page)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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GUIFU LI, MENG YANG, FANG DAI,
LIN CUI, and ZHONG YU on behalf of
themselves and all others similarly situated,
Plaintiffs,
vs.

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A PERFECT DAY FRANCHISE, INC., a
California corporation, et al.,

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Case No. CV 10-01189 LHK (PSG)
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE DEADLINE FOR EXPERT
DISCLOSURES As Modified

Defendants.

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MINJIAN HAND HEALING INSTITUTE,
INC., a California corporation,

Courtroom: 4, 5th Floor
Judge:
Hon. Lucy H. Koh

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Counterclaimant,
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vs.

Complaint Filed: March 22, 2010

FANG DAI, and individual; ZHONG YU, an
individual; LIN CUI, and individual; and
DOES 11-30, inclusive,
Counterdefendants.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR EXPERT DISCLOSURES
CASE NO. CV 10-01189 LHK (PSG)

Case5:10-cv-01189-LHK Document253

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Filed09/12/11 Page2 of 4

WHEREAS on June 17, 2011, this Court issued a Minute Order and Case Management Order
(Dkt. 203) which set the deadline for expert discovery as follows:

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

Disclosures

September 15, 2011

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

Rebuttal Disclosures

October 6, 2011

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

Expert Discovery Cut-Off

December 2, 2011

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WHEREAS the parties have been actively engaged in discovery. Plaintiffs have served

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document requests and interrogatory requests on Defendants. Defendants have provided responses

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to those requests. Plaintiffs believe many of the responses are inadequate. In addition, Plaintiffs

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have served 30(b)(6) deposition notices on A Perfect Day Franchise, Inc. and Minjian Hand Healing

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Institute, Inc. The depositions have gone forward, but Plaintiffs believe issues remain and the

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depositions are not yet complete and must be completed.

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Similarly, Defendants have served document requests and interrogatory requests on

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Plaintiffs. Plaintiffs have produced responses to those requests. However, Defendants believe many

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of the responses are inadequate. The parties are meeting and conferring on these discovery issues

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per the Court’s orders and the federal rules, however they may require motions to compel.

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WHEREAS the parties are currently briefing the Motion for Class Certification and therefore

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there has not been a decision on class certification, which may affect the parties’ use of expert

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witnesses at trial.

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WHEREAS there has been no decision on the Defendants’ pending Motion to Disqualify

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Plaintiffs’ Counsel which will affect the case moving forward.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR EXPERT DISCLOSURES
CASE NO. CV 10-01189 LHK (PSG)

Case5:10-cv-01189-LHK Document253

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Filed09/12/11 Page3 of 4

IT IS HEREBY STIPULATED by and between the parties, through their respective attorneys
of record, that the deadline for expert discovery shall be amended as follows:

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

Disclosures

October 21, 2011

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

Rebuttal Disclosures

November 15, 2011

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

Expert Discovery Cut-Off

December 2, 2011

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Dated: September 12, 2011

DUCKWORTH PETERS LEBOWITZ OLIVIER LLP

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THE STURDEVANT LAW FIRM
A Professional Corporation

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By: /s/ Monique Olivier
Monique Olivier

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Attorneys for Plaintiffs and the Putative Class and
Counterdefendants

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Dated: September 12, 2011

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LAW OFFICES OF RICHARD WAHNG
By: /s/ Lee E. Sheldon
Lee Edwin Sheldon
Attorneys for Defendants and Counterclaimant

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LAW OFFICES OF ADAM WANG

ADDITIONAL COUNSEL FOR PLAINTIFFS/COUNTERDEFENDANTS
JAMES C. STURDEVANT (SBN 94551)
([e-mail])
THE STURDEVANT LAW FIRM
A Professional Corporation
354 Pine Street, Fourth Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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ATTESTATION UNDER GENERAL ORDER 45
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I, Monique Olivier, am the ECF user whose ID and password are being used to file this
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR EXPERT
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DISCLOSURES. In compliance with General Order 45, I hereby attest that Lee Sheldon, counsel
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for Defendants, has concurred in this filing.
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DATE: September 12, 2011

/s/ Monique Olivier
Monique Olivier
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR EXPERT DISCLOSURES
CASE NO. CV 10-01189 LHK (PSG)

Case5:10-cv-01189-LHK Document253

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Filed09/12/11 Page4 of 4

The deadline for expert discovery shall be amended as follows:

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

Disclosures

October 21, 2011

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

Rebuttal Disclosures

November 15, 2011

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

Expert Discovery Cut-Off

December 2, 2011

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This Order does not change the Expert or Fact Discovery Cut-offs, which remain set as before.

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September 14, 2011
DATED: ______________________

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By: _______________________________________
HONORABLE LUCY H. KOH
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR EXPERT DISCLOSURES
CASE NO. CV 10-01189 LHK (PSG)