Spears et al v. Washington Mutual, Inc. et al
Filing
260
REVISED AMENDED ORDER 259 Regarding Class Notice, Appointment of Lead Counsel, and Pre-Trial Scheduling: Jury Trial set for 6/23/2014 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 3/14/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 5/1/2014 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 8/1/12. (jg, COURT STAFF) (Filed on 8/1/2012)
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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FELTON A. SPEARS, JR. and
SIDNEY SCHOLL, on behalf of themselves and)
all others similarly situated,
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Plaintiffs,
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vs.
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FIRST AMERICAN EAPPRAISEIT
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(a/k/a eAppraiseIT, LLC),
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a Delaware limited liability company,
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Defendant.
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Case No. 5-08-CV-00868 (RMW)
REVISED AMENDED ()
ORDER REGARDING CLASS NOTICE,
APPOINTMENT OF LEAD COUNSEL,
AND PRE-TRIAL SCHEDULING
Courtroom: Courtroom 6, 4th Floor
Judge: Honorable Ronald M. Whyte
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REVISED AMENDED ] ORDER; CASE NO. 5-08-CV-00868 (RMW)
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On June 29, 2012, the parties attended a Case Management Conference regarding the above-
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captioned matter. Plaintiffs were represented by Joseph N. Kravec, Jr. of Stember Feinstein Doyle
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Payne & Kravec, LLC, and Janet Lindner Spielberg of the Law Offices of Janet Lindner Spielberg.
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Defendant was represented by Richard Hans, Jeffrey Rotenberg, and Carter Ott of DLA Piper LLP
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(US). Pursuant to the discussion and argument of counsel during the Case Management Conference,
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the Court hereby orders as follows:
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1. Appointment of Lead Counsel
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Having considered Plaintiffs’ proposal for appointment of Lead Counsel and Co-Lead
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Counsel in the parties’ Joint Case Management Conference Statement (Docket #254) as well as
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Defendant’s concerns regarding the efficient and economical management of this action, the Court
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hereby appoints Joseph N. Kravec, Jr. of Stember Feinstein Doyle Payne & Kravec, LLC and Janet
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Lindner Spielberg of the Law Offices of Janet Lindner Spielberg as Co-Lead Counsel. Co-Lead
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Counsel shall direct and manage the prosecution of this matter in an efficient and economical
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manner, including coordinating work assignments they may make among all of Plaintiffs’ counsel to
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avoid unnecessary duplication of effort. Defendant may raise with the Court any concerns regarding
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Co-Lead Counsel’s management of their prosecution of the litigation.
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2. Class Notice
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The Court approves Plaintiffs’ proposed form of class notice and plan for providing notice
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(see Docket #253), and concludes that it is the best notice that is practicable under the circumstances,
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is consistent with the recommendations by the Federal Judicial Center, and complies with the
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requirements of Federal Rule of Civil Procedure 23 and due process. Plaintiffs shall modify the
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proposed form of class notice to accurately reflect the Court’s ruling on the appointment of counsel
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herein. No other modification to the content of the class notice is permitted without approval of this
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Court. Plaintiffs shall distribute their proposed notice, pursuant to the plan, as set forth in the
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schedule set forth below.
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3. Discovery and Class Notice Schedule
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The Court approves the following schedule, stipulated by the parties, regarding discovery and
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class notice:
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REVISED AMENDED [] ORDER; CASE NO. 5-08-CV-00868 (RMW)
August 13, 2012
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Deadline for distribution of class notice
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Deadline for Requests for Exclusion from the October 13, 2012
Class to be postmarked
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Merits discovery cutoff
May 13, 2013
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Expert reports
June 12, 2013
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Supplemental and rebuttal expert reports
November 11, 2013
Expert discovery cutoff (including any
discovery relating to or arising from
Plaintiffs’ aggregate inflation analysis)
December 30, 2013
Mediation
January 29, 2014
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Dispositive motion cutoff
February 12, 2014
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Other motion cutoff
(other than motions in limine)
March 14, 2014
May 1, 2014
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Pretrial conference (hearing on motions in
limine, agreed jury instructions and verdict
forms, proposed voir dire questions)
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Pre-trial briefs
May 28, 2014
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Trial date
June 23, 2014
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IT IS SO ORDERED:
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DATED: _________________________
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Honorable Ronald M. Whyte
United States District Judge
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REVISED AMENDED [] ORDER; CASE NO. 5-08-CV-00868 (RMW)
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