Barton v. Fidelity National Financial, Inc. et al, No. 3:2008cv01341 - Document 214 (N.D. Cal. 2011)

Court Description: ORDER GRANTING 213 Stipulation Revising Case Management Schedule: Jury Trial set for 2/19/2013 08:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion Hearing set for 11/4/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 1/28/2013 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion Hearing set for 11/30/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 2/3/11. (jjoS, COURT STAFF) (Filed on 2/3/2011)

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Barton v. Fidelity National Financial, Inc. et al Doc. 214 Case3:08-cv-01341-JSW Document213 1 2 3 4 5 6 7 8 9 10 11 12 13 Filed02/01/11 Page1 of 10 GIRARD GIBBS LLP Daniel C. Girard (114826) Elizabeth Pritzker (146267) Aaron Sheanin (214472) 601 California Street, 14th Floor San Francisco, California 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 Email: dcg@girardgibbs.com, Email: ecp@girardgibbs.com Email: ams@girardgibbs.com Co-Lead Counsel for PLAINTIFFS and THE CLASS GREENBERG TRAURIG, LLP Evan Nadel (213230) 153 Townsend Street, 8th Floor San Francisco, California 94107 Telephone: (415) 655-1300 Facsimile: (415) 707-2010 Email: nadele@gtlaw.com 14 Attorneys for Defendant FIRST AMERICAN TITLE INSURANCE COMPANY 15 Additional Counsel Listed on Signature Pages 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 18 19 20 In re CALIFORNIA TITLE INSURANCE ANTITRUST LITIGATION 21 22 23 No. 08-cv-1341-JSW CLASS ACTION THIS DOCUMENT RELATES TO: ALL ACTIONS STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE 24 25 Honorable Jeffrey S. White 26 27 28 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Dockets.Justia.com Case3:08-cv-01341-JSW Document213 Filed02/01/11 Page2 of 10 Pursuant to the parties' Joint Motion for Administrative relief, 1 Plaintiffs Lynn Bartron, Lisa Blackwell, Ruben Romero and Sarah Yahn, Lisa Gentilcore, 2 Susan Doolittle, Mark Moynahan, Emilse Magana, and Louis and Silvia Martinez (collectively 3 “Plaintiffs”) and defendants First American Title Insurance Company, Old Republic National Title 4 Insurance Company, Fidelity National Title Insurance Company, Chicago Title Insurance Company 5 and Commonwealth Land Title Insurance Company (collectively “Defendants”), by their attorneys, 6 hereby stipulate as follows: 7 8 WHEREAS on September 3, 2010, the parties submitted a Joint Case Management Conference Statement setting forth a proposed case management schedule for pretrial and trial proceedings; 9 WHEREAS in proposing the negotiated schedule, the parties anticipated that discovery would 10 operate on a single track and not be phased between class certification and the merits, and that their 11 disputes would be resolved and substantial discovery would take place well in advance of class 12 certification briefing; 13 14 15 16 WHEREAS the Court’s Order Scheduling Trial and Pretrial Matters entered on October 12, 2010 (“Scheduling Order” (Dkt. No. 180)) adopted most of the dates proposed by the parties; WHEREAS the parties have engaged in substantial meet-and-confer discussions and litigated a motion to compel and a motion for a protective order with regard to Plaintiffs’ initial set of discovery; 17 WHEREAS Magistrate Judge Chen granted Plaintiffs’ motion to compel in substantial part and 18 denied it in part, granted Defendants’ motion for protective order in part and denied it in substantial 19 part, directed the parties to continue their meet-and-confer discussions, ordered the phasing of 20 discovery with Phase I focusing on issues of causation and class certification and Phase II focusing on 21 full merits issues, and set February 11, 2011 as the deadline for Defendants to complete their 22 production in response to Plaintiffs’ initial set of discovery; 23 WHEREAS Defendants recognize that, although they have produced documents to Plaintiffs 24 and have been working in good faith to collect, review and produce additional responsive documents as 25 expeditiously as possible, they are unable to meet the February 11, 2011 deadline for producing Phase I 26 documents pursuant to Judge Chen’s order, due to, among other things, technological limitations in 27 extracting responsive documents and ESI (including from active systems which slows the extraction 28 process), the recent agreements of the parties and Judge Chen’s orders concerning the scope of 1 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 Filed02/01/11 Page3 of 10 1 production (which covers five years, 2003-2008), and the volume of information to be collected, 2 reviewed, and produced; 3 WHEREAS although Defendants will continue to make rolling productions of documents and 4 ESI on a regular basis, they will not be able to complete their productions until March 15, 2011, 5 approximately five weeks before Plaintiffs’ motion for class certification is due on April 22, 2011; 6 WHEREAS the parties recognize that such delay would prejudice Plaintiffs’ ability to review 7 and analyze the materials, serve follow-up discovery requests (if needed), take follow-on Phase I 8 focused depositions, prepare expert reports and expert testimony, as needed, and prepare Plaintiffs’ 9 motion for class certification; 10 WHEREAS under the current Scheduling Order, fact discovery for Phase II (merits issues) is 11 scheduled for completion approximately two months after the hearing on Plaintiffs’ motion for class 12 certification; 13 14 WHEREAS if the parties had anticipated that discovery would be phased, they would have proposed additional time for Phase II discovery after the class certification hearing; 15 WHEREAS under these circumstances, the parties believe they are likely to be prejudiced by 16 the current schedule including the upcoming class certification deadlines and fact discovery cut-off, 17 and submit that very good cause exists to request a modest extension; 18 WHERAS the parties believe the proposed schedule outlined below will result in a more 19 orderly and efficient litigation of the case, while only modestly changing the currently scheduled dates; 20 and 21 WHEREAS this is the first request by the parties to modify the Scheduling Order; 22 THEREFORE, the parties hereby stipulate, subject to the Court’s approval, that the Scheduling 23 24 25 26 27 28 Order be modified as follows: Current Date Event Proposed Date Defendants to complete rolling production of documents and ESI in response to Plaintiffs’ initial set of discovery requests February 11, 2011 March 15, 2011 Last day for moving party to file and serve a motion for or to deny class April 22, 2011 June 10, 2011 2 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 1 Event 2 Filed02/01/11 Page4 of 10 certification. To the extent any moving party intends to rely upon class certification-related expert reports, the report of such expert(s) shall be included with that party’s moving papers. 3 4 Current Date Proposed Date 5 Deposition(s) of moving party(ies) class certification-related witness(es) June 3, 2011 July 22, 2011 Last day to file opposition papers to motion(s) for or to deny class certification, along with supporting evidence, including identification of class certificationrelated expert and expert reports. June 24, 2011 August 12, 2011 Deposition(s) of expert witness(es) of party(ies) filing opposition to motion(s) for or to deny class certification. August 5, 2011 September 23, 2011 Last day to file reply papers, if any, in support of motion(s) for or to deny class certification. August 26, 2011 October 14, 2011 Hearing on motion(s) for or to deny class certification. September 16, 2011 November 4, 2011 Fact Discovery Cut-Off December 20, 2011 April 3, 2012 Plaintiffs’ merits expert report(s) and disclosures due pursuant to Rule 26(a)(2) January 27, 2012 May 11, 2012 March 9, 2012 June 22, 2012 23 Defendants’ merits expert report(s) and disclosures due pursuant to Rule 26(a)(2) 24 Expert Discovery Cut-Off April 13, 2012 July 27, 2012 Last day to file dispositive motions May 25, 2012 September 7, 2012 Last day to file oppositions to dispositive motions June 29, 2012 October 12, 2012 Last day to file reply(ies) in support of July 20, 2012 November 2, 2012 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 1 2 3 Filed02/01/11 Page5 of 10 Current Date Event Proposed Date dispositive motions Hearing on dispositive motions August 10, 2012 November 30, 2012 Pretrial conference October 8, 2012 January 28, 2013 Trial October 29, 2012 February 19, 2013 4 5 6 7 8 DATED: February 1, 2011 Respectfully submitted, 9 10 11 12 13 14 15 16 By /s/ Aaron M. Sheanin Daniel C. Girard (CA Bar No. 114826) Elizabeth C. Pritzker (CA Bar No. 146267) Aaron M. Sheanin (CA Bar No. 214472) GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94104 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 By /s/ Steve W. Berman 17 18 19 20 21 22 23 24 25 26 27 Steve W. Berman (pro hac vice) Craig R. Spiegel (CA Bar No. 122000) HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, Washington 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 Reed R. Kathrein (CA Bar No. 139304) Jeff D. Friedman (CA Bar No.173886) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, California 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 By /s/ Guido Saveri 28 Guido Saveri (CA Bar No. 22349) 4 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 1 2 3 4 5 6 7 8 Filed02/01/11 Page6 of 10 R. Alexander Saveri (CA Bar No. 173102) Lisa Saveri (CA Bar No. 112043) Cadio R. Zirpoli (CA Bar No. 179108) SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, California 94111 Telephone: (415) 217-6810 Facsimile: (415) 217-6813 Interim Co-Lead Counsel for Plaintiffs and the Proposed Class By /s/ Evan S. Nadel 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Kenneth L. Steinthal (CA Bar No. 268655) Evan S. Nadel (CA Bar No. 213230) GREENBERG TRAURIG, LLP 153 Townsend Street,, 8th Floor San Francisco, California 94107 Telephone: (415) 655-1300 Facsimile: (415) 707-2010 nadele@gtlaw.com James I. Serota GREENBERG TRAURIG, LLP 200 Park Avenue New York, New York 10166 Telephone: (212) 801-9200 Facsimile: (212) 801-6400 serotaj@gtlaw.com lapatinek@gtlaw.com saxls@gtlaw.com Attorneys for Defendant First American Title Insurance Company 23 By 24 Bryan M. Sullivan EARLY SULLIVAN WRIGHT GIZER & MCRAE LLP Eric P. Early (CA Bar No. 166275) Bryan M. Sullivan (CA Bar No. 209743) 6420 Wilshire Boulevard, Suite 880 Los Angeles, California 90048 Telephone: (323) 301-4675 25 26 27 28 /s/ Bryan M. Sullivan 5 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 1 2 3 4 5 6 7 8 9 Filed02/01/11 Page7 of 10 Facsimile: (323) 301-4676 eearly@earlysullivan.com bsullivan@earlysullivan.com Barry R. Ostrager Kevin J. Arquit Patrick T. Shilling SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York, NY 10017-3954 Telephone: (212) 455-2000 Facsimile: (212) 455-2502 bostrager@stblaw.com karquit@stblaw.com pshilling@stblaw.com 10 11 12 Attorneys for Defendants Fidelity National Title Insurance Company, Chicago Title Insurance Company, and Commonwealth Land Title Insurance Company 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By /s/ Curtis Stanfield Leavitt Curtis Stanfield Leavitt LOCKE LORD BISSELL & LIDDELL LLP 400 Capitol Mall, Suite 1460 Sacramento, CA 95814 Telephone: (916) 554-0246 Facsimile: (916) 554-5440 cleavitt@lockelord.com David G. Greene Kevin J. Walsh LOCKE LORD BISSELL & LIDDELL LLP 3 World Financial Center New York , NY 10281-2101 Telephone: 212-415-8600 Facsimile: 212-303-2754 dgreene@lockelord.com kwalsh@lockelord.com Attorneys for Defendant Old Republic National Title Insurance Company 27 28 6 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 Filed02/01/11 Page8 of 10 1 In accordance with General Order 45 of the United States District Court for the Northern 2 District of California, I attest that concurrence in the filing of this document has been obtained from the 3 undersigned counsel. 4 By 5 Daniel C. Girard (CA Bar No. 114826) Elizabeth C. Pritzker (CA Bar No. 146267) Aaron M. Sheanin (CA Bar No. 214472) GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94104 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 6 7 8 9 /s/ Aaron M. Sheanin 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 1 2 3 4 5 6 7 8 Filed02/01/11 Page9 of 10 [PROPOSED] ORDER shown For very good cause show, the Court adopts the case management schedule identified in the February 3, 2011 stipulation above. It is so ORDERED. It is FURTHER ORDERED that the parties should, in the future, submit either a stipulation and proposed order or a Joint Administrative Motion and proposed order. If the Court finds that a request to modify deadlines it has imposed is not supported by good cause, it will deny the request whether it be by stipulation or by motion. JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 STIPULATION AND [PROPOSED] ORDER REVISING CASE MANAGEMENT SCHEDULE CASE NO. 08-CV-1341-JSW Case3:08-cv-01341-JSW Document213 1 Filed02/01/11 Page10 of 10 CERTIFICATE OF SERVICE 2 I, Aaron M. Sheanin, hereby certify that on February 1, 2011, I electronically submitted the 3 foregoing document with the clerk of court for the U.S. District Court, Northern District of California, 4 using the electronic case files system of the court. The electronic case files system sent a "Notice of 5 Electronic Filing" to all counsel of record. 6 7 I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on February 1, 2011. 8 9 By /s/ Aaron M. Sheanin 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 CERTIFICATE OF SERVICE CASE NO. 08-CV-1341-JSW

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