Hensley-Maclean et al v. Safeway, Inc.
Filing
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STIPULATION AND ORDER RE 61 RE JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION. Motion Hearing set for 2/14/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/9/12. (cl, COURT STAFF) (Filed on 8/9/2012)
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STEPHEN GARDNER (PRO HAC VICE)
sgardner@cspinet.org
CENTER FOR SCIENCE IN THE PUBLIC INTEREST
5646 Milton Street, Suite 211
Dallas, Texas 75206
Telephone: (214) 827-2774
Facsimile: (214) 827-2787
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Counsel for Plaintiffs and the Proposed Class
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JESSE F. RUIZ, SBN 77984
ROBINSON & WOOD, INC.
227 N. 1st Street
San Jose, CA 95113
jfr@robinsonwood.com
Telephone: (408) 298-7120
Facsimile: (408) 298-0477
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Counsel for Defendant, Safeway, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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DEE HENSLEY-MACLEAN and
JENNIFER ROSEN, on behalf of
themselves and those similarly
situated,
Plaintiffs,
v.
SAFEWAY, INC. and DOES 1-20,
Defendants.
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Case No. CV 11-01230 RS
STIPULATION RE
JOINT PROPOSED BRIEFING
SCHEDULE FOR
CLASS CERTIFICATION
(REVISED)
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Pursuant to the Civil Local Rule 6-2, the parties respectfully submit this Stipulation
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re Revised Joint Proposed Briefing Schedule for Class Certification which modifies the
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Court’s previous Order re Revised Joint Briefing Schedule for Class Certification (Doc.
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60). As set forth in the accompanying Declaration of Stephen Gardner, the parties have
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engaged in mediation of this action, and continue to work with Martin Quinn, Esq. of
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JAMS. Mr. Quinn underwent surgery in July, and as a consequence was unavailable until
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STIPULATION RE JOINT PROPOSED BRIEFING SCHEDULE FOR CLASS CERTIFICATION
(REVISED)
Case No. CV 11-01230 RS
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early August. In the interim, the parties made positive progress on key issues in dispute
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and major milestones in the settlement have been reached. Now that Mr. Quinn has
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returned, discussions are on track, and the parties wish to continue working together
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toward a positive and mutually agreeable resolution. Thus, the parties propose
postponing class certification briefing in order to continue refining and finalizing the
terms of a potential settlement agreement. The agreed proposed briefing schedule set
forth in this Stipulation will provide the parties sufficient time to continue mediation in
good faith without the complication and imposition of immediate scheduling obligations
in this action.
1.
Class Certification. Plaintiffs’ class certification motion pursuant to Federal
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Rule of Civil Procedure 23 shall be filed with an opening brief on or before October 16,
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2012. Defendant’s opposition brief shall be filed no later than 45 days after filing of the
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motion. Plaintiffs’ reply brief shall be filed no later than 45 days after filing of the
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opposition brief. After the Court rules on class certification, the parties will submit
proposed dates for merits discovery, dispositive motions, and trial.
2.
Hearing on Class Certification. Hearing on the class certification motion
will be set for February 14, 2013, at 1:30 p.m.
3.
Experts and Discovery. As required by Fed. R. Civ. P. 26(a)(2), reports from
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experts retained relating to class certification are due from the plaintiffs by October 16,
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2012, and from defendant by November 30, 2012. Reports from rebuttal experts retained
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relating to class certification are due by January 14, 2013. The parties will serve all
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discovery requests relating to class certification so as to be completed by January 14, 2013.
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However, for good cause shown, a party may conduct class discovery solely relating to
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rebuttal expert reports after January 14, 2013.
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STIPULATION RE JOINT PROPOSED BRIEFING SCHEDULE FOR CLASS CERTIFICATION
(REVISED)
Case No. CV 11-01230 RS
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As attested on the following page, concurrence in the filing of this document has
been obtained from the other Signatory.
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Dated: August 8, 2012
Respectfully submitted,
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Center for Science in the Public Interest
Robinson & Wood, Inc.
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/s/ Stephen Gardner
Stephen Gardner
Seema Rattan
5646 Milton Street, Suite 211
Dallas, TX 75206
Telephone: (214) 827-2774
Facsimile: (214) 827-2787
Lead Counsel for Plaintiffs
/s/ Jesse F. Ruiz
Jesse F. Ruiz
227 N. 1st Street
San Jose, CA 95113
Telephone: (408) 298-7120
Facsimile: (408) 298-0477
Counsel for Defendant, Safeway, Inc.
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- and -
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Consumer Law Practice of Daniel T. LeBel
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Daniel T. LeBel
601 Van Ness Avenue,
Opera Plaza, Suite 2080
San Francisco, CA 94102
Telephone: (415) 513-1414
Fascimile: (877) 563-7848
- and Mehri & Skalet, PLLC
Steven A. Skalet
Craig L. Briskin
1250 Connecticut Ave., N.W., Suite 300
Washington, DC 20036
Telephone: (202) 822-5100
Facsimile: (202) 822-4997
- and The Sturdevant Law Firm, APC
James C. Sturdevant
Whitney B. Stark
354 Pine Street, Fourth Floor
San Francisco CA 94104
Telephone: (415) 477-2410
Facsimile: (415) 477-2420
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Counsel for Plaintiffs and the Proposed Class
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STIPULATION RE JOINT PROPOSED BRIEFING SCHEDULE FOR CLASS CERTIFICATION
(REVISED)
Case No. CV 11-01230 RS
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PURSUANT TO STIPULATION IT IS SO ORDERED:
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Dated: August 9 ,2012
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JUDGE
_______________________________
RICHARD SEEBORG
UNITED STATES DISTRICT
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STIPULATION RE JOINT PROPOSED BRIEFING SCHEDULE FOR CLASS CERTIFICATION
(REVISED)
Case No. CV 11-01230 RS
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