Scanlon v. Curtis International, Ltd.

1 GUTRIDE SAFIER LLP SETH A. SAFIER (State Bar No. 197427) TODD KENNEDY (State Bar No. 250267) Pine Street, Suite 1250 San Francisco, California 94111 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 Attorneys for Plaintiff ROMAN SCANLON 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA ROMAN SCANLON, on behalf of himself, the Case No. 1:19-cv-00937-NONE-SKO general public, and those similarly situated, STIPULATION AND ORDER TO 11 Plaintiff, MODIFY SCHEDULING ORDER v. (Doc. 75) CURTIS INTERNATIONAL, LTD., Defendant.

1 Pursuant to Local Rule 143, the parties stipulate and request an order modifying the Court’s September 2, 2020 scheduling order (“Scheduling Order”) by extending all remaining deadlines by eight weeks.

4 “The district court is given broad discretion in supervising the pretrial phase of litigation.”

5 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified only for good cause and with the judge’s consent.” Fed. R.Civ. P. 16(b)(4). “The schedule may be modified ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.’” Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson, 975 F.2d 10 at 607).

11 Good cause exists for this modification. The parties believe that more time is necessary to allow Defendant to amend its interrogatory responses and privilege log, for the parties to negotiate and comply with an ESI stipulation as referenced in the Court’s December 15 Discovery Order (Dkt. No. 74), and to prepare for the upcoming settlement conference pursuant to that Order.

16 This stipulation is entered without prejudice to additional scheduling modifications requests, which may be necessitated by other litigation events.

18 For these reasons, the parties request that the Court amend the September 2, 2020 scheduling order as follows: 20 1. Any class certification discovery shall be completed by no later than March 29, 2021, 21 2. The motion for class certification shall be filed no later than May 3, 2021.

22 3. Any opposition to the motion for class certification shall be filed by no later than May 31, 23 2021.

24 4. Any reply brief in support of the motion for class certification shall be filed by no later 25 than June 21, 2021.

26 5. The motion for class certification shall be heard on July 7, 2021.

27 6. A status conference to set further scheduling dates is set for September 7, 2021, at 10:15 1 a.m. in Courtroom 7 before Magistrate Oberto. By no later than August 31, 2021, the 2 parties shall file and email to [email protected] in MS Word format a report 3 providing (a) dates agreed to by all counsel for all remaining deadlines and (b) an 4 updated status of the case.

5 Respectfully submitted Dated: December 17, 2020 GUTRIDE SAFIER LLP

9 /s/Seth A. Safier/s/ Seth A. Safier 10 Todd Kennedy Pine St., Suite 1250 11 San Francisco, California 94111 Telephone: (415) 639-9090 12 Facsimile: (415) 449-6469 [email protected] [email protected] Attorneys for Plaintiff Roman Scanlon MAYER BROWN LLP /s/Jonathan W. Thomas/s/______ 19 JONATHAN W. THOMAS (pro hac vice) [email protected] 20 A. JOHN P. MANCINI (pro hac vice) [email protected] 1221 Avenue of the Americas 22 New York, NY 10020-1001 Telephone: (212) 506-2500 23 Facsimile: (212) 849-5895 [email protected] Attorneys for Curtis International, Ltd. 26 JOHN NADOLENCO (SBN 181128) [email protected] 27 350 South Grand Avenue 25th Floor Los Angeles, CA 90071 1 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 CARMINE R. ZARLENGA (pro hac vice) [email protected] 4 1999 K Street NW Washington, DC 20006 5 Telephone: (202) 263-3000 Facsimile: (202) 263-5227 KRISTINE YOUNG (pro hac vice) [email protected] 8 71 South Wacker Drive Chicago, IL 60606 9 Telephone: (312) 782-0600 Facsimile: (312) 701-7711 Attorneys for Defendant Curtis International Ltd.

1 ORDER 2 Based on the Parties’ Stipulation to Modify Scheduling Order (Doc. 75), and for good cause shown, the Court GRANTS the parties’ request and will modify the scheduling order and enlarge the dates and deadlines as set forth below.

Event Prior Date Continued Date Class Certification Discovery February 1, 2021 March 29, 2021 7 Completion Motion for Class Certification March 8, 2021 May 3, 2021 8 Filing Opposition to Motion for Class April 5, 2021 May 31, 2021 Certification Filing 10 Reply Brief in Support of Motion April 26, 2021 June 21, 2021 for Class Certification Filing 11 Motion for Class Certification May 12, 2021 July 7, 2021 at 9:30 a.m.

Hearing Status Conference to Set Further July 13, 2021 September 7, 2021 at 13 Scheduling Dates 10:15 a.m.

14 By no later than August 31, 2021, the parties shall file and email to [email protected] in MS Word format a report providing (a) dates agreed to by all counsel for all remaining deadlines and (b) an updated status of the case.

18 IT IS SO ORDERED.

19 Sheila K. Oberto Dated: December 18, 2020 /s/ .

20 UNITED STATES MAGISTRATE JUDGE