Opinion
Michael P. Esser, KIRKLAND & ELLIS LLP, San Francisco, California, Jay P. Lefkowitz, P.C., (admitted pro hac vice), Ross L. Weiner (admitted pro hac vice), KIRKLAND & ELLIS LLP, New York, N.Y., Attorneys for Defendant CONOPCO INC. D/B/A UNILEVER.
Alan R. Plutzik, Michael S. Strimling, BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER LLP, Walnut Creek, CA, Mark P. Kindall, Robert A. Izard (admitted pro hac vice), Nicole A. Veno (admitted pro hac vice), IZARD NOBEL LLP, West Hartford, CT, Attorneys for Plaintiffs.
Joseph J. DePalma (admitted pro hac vice), Katrina Carroll (admitted pro hac vice), LITE DEPALMA GREENBERG, LLC, Newark, New Jersey, Attorneys for Plaintiffs.
STIPULATION AND [PROPOSED] THIRD MODIFIED SCHEDULING ORDER
WILLIAM B. SHUBB, District Judge.
The parties in the above-captioned matter, by and through their designated counsel, jointly move the Court to approve the following modification to the case schedule.
The parties in this case seek to modify the Second Modified Scheduling Order [Dkt. #45] (the "Order"). The parties have met and conferred and determined that although considerable discovery has been taken-including Defendants producing more than 160, 000 pages of discovery and deposing three of the four named Plaintiffs; and Plaintiffs deposing two Unilever witnesses- additional time is needed to complete fact discovery, including the taking of additional depositions, prior to beginning the expert discovery phase.
The parties have also determined that a modification of the Order would be beneficial to their efforts in potentially reaching a settlement. To that end, the parties have already engaged in a full day mediation with Jonathan Marks, an experienced and respected mediator, at which the parties made substantial progress, and the parties have continued to discuss a potential settlement, both with Mr. Marks and bilaterally, over phone and through email, and have tentatively scheduled a second in-person mediation session for early January 2016.
Based on the foregoing, and in order to promote efficiency in the event that the parties, as they hope, will be able to resolve this matter out of Court when they resume their mediation, the parties wish to extend the time for completing fact discovery until the end of February 2016, which would necessarily impact the remaining dates in the litigation schedule. Accordingly, the parties suggest modifying the schedule set forth in the Order as follows:
Event Current Deadlines Proposed Amended Deadlines Complete Discovery September 30, 2015 February 29, 2016 Plaintiffs Disclose Expert(s) / October 28, 2015 March 31, 2016 Produce Report(s) Defendant Discloses Expert(s) / November 25, 2015 April 29, 2016 Produces Report(s) / Defendant Deposes Plaintiffs' Expert(s) Plaintiffs Depose Defendant's December 23, 2015 May 27, 2016 Expert(s) / Plaintiffs Disclose Rebuttal Expert(s) and/or Rebuttal Expert Report(s) Defendant's Depose Plaintiffs' January 13, 2016 June 17, 2016 Rebuttal Expert(s) Expert Discovery Closes January 20, 2016 June 24, 2016
Plaintiffs' Motion for Class January 27, 2016 July 1, 2016 Certification Defendant's Opposition to February 24, 2016 July 29, 2016 Plaintiffs' Motion for Class Certification Plaintiffs' Reply in Further Support March 23, 2016 August 26, 2016 of Their Motion for Class Certification Oral Argument on Plaintiffs' April 4, 2016 September 9, 2016 Motion for Class Certification All Other Motions (Including April 22, 2016 September 23, 2016 Summary Judgment) Opposition to Summary Judgment June 1, 2016 October 28, 2016 Motions Reply to Summary Judgment June 22, 2016 November 23, 2016 Oppositions Oral Argument on Motion(s) for July 11, 2016 December 9, 2016 Summary Judgment Final Pretrial Conference September 12, 2016 February 10, 2017 Trial November 15, 2016 April 7, 2017
THE PARTIES HEREBY AGREE AND STIPULATE to, and submit that, good cause is shown to support the following Third Modified Scheduling Order.
Accordingly, the Court HEREBY ORDERS that:
1. The parties' stipulation to modify the Pretrial Scheduling Order is GRANTED; and the Order is modified as follows:
(i) On or before February 29, 2016, the parties shall complete fact discovery;
(ii) On or before March 31, 2016, Plaintiffs shall disclose expert(s) and produce expert(s) report(s);
(iii) On or before April 29, 2016, Defendant shall disclose expert(s), produce expert(s) report(s), and depose Plaintiffs' expert(s);
(iv) On or before May 27, 2016, Plaintiffs shall depose Defendant's expert(s), Plaintiffs shall disclose rebuttal expert(s) and rebuttal expert(s) report(s);
(v) On or before June 17, 2016, Defendant shall depose Plaintiffs' rebuttal expert(s);
(vi) On or before June 24, 2016, expert discovery shall close (with all motions to compel heard and resulting orders obeyed on or before June 24, 2016);
(vii) On or before July 1, 2016, Plaintiffs shall file their motion for class certification;
(viii) On or before July 29, 2016, Defendant shall file its opposition to Plaintiff's motion for class certification;
(ix) On or before August 26, 2016, Plaintiffs shall file their reply brief in further support of their motion for class certification;
(x) On September 6, 2016 at 2:00 p.m., the Court shall hear oral argument on Plaintiffs' motion for class certification;
(xi) On or before September 23, 2016, all other motions, including summary judgment, shall be filed;
(xii) On or before October 28, 2016, oppositions to summary judgment motions shall be filed;
(xiii) On or before November 23, 2016, reply briefs in support of summary judgment motions shall be filed;
(xiv) On December 12, 2016 at 2:00 p.m., the Court shall hear oral argument on any motions for summary judgment;
(xv) On February 13, 2017 at 2:00 p.m., the Court shall meet with the parties and hold a final pretrial conference;
(xvi) On April 11, 2017 at 9:00 a.m., the Court shall commence the jury trial.
PURSUANT TO STIPULATION, IT IS SO ORDERED.