Jeff Jonah v. Kimberly-Clark Corporation et al

Northern District of California, cand-4:2015-cv-03243

STIPULATION WITH PROPOSED ORDER REGARDING AMENDED COMPLAINT AND CLASS CERTIFICATION filed by Jeff Jonah.

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1 GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) 2 SETH A. SAFIER (State Bar No. 197427) MARIE A. MCCRARY (State Bar No. 262670) 3 KRISTEN SIMPLICIO (State Bar No. 263291) 100 Pine Street, Suite 1250 4 San Francisco, California 94111 Telephone: (415) 336-6545 5 Facsimile: (415) 449-6469 6 TYCKO & ZAVAREEI LLP HASSAN ZAVAREEI 7 ANDREW JONATHAN SILVER 1828 L Street, N.W., Suite 1000 8 Washington, DC 20036 Telephone: (202) 417-3658 9 SPANGENBERG SHIBLEY & LIBER LLP 10 STUART E. SCOTT 1001 Lakeside Avenue East, Suite 1700 11 Cleveland, OH 44114 Telephone: (216) 696-3232 12 Facsimile: (216) 696-3924 13 Attorneys for Plaintiffs 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 JEFF JONAH, individually, and on behalf of himself, Case No. 15-cv-03243-PJH 17 the general public, and those similarly situated, STIPULATION AND 18 Plaintiff, [PROPOSED] ORDER REGARDING AMENDED 19 v. COMPLAINT AND CLASS CERTIFICATION 20 KIMBERLY-CLARK CORPORATION, ET AL., 21 Defendants. 22 23 This Stipulation is entered into by Plaintiffs Jennifer Davidson and Jeff Jonah 24 (collectively "Plaintiffs"), and Defendant Kimberly-Clark Corporation, Kimberly-Clark 25 Worldwide, Inc., and Kimberly-Clark Global Sales LLC (collectively, "Defendants") by and 26 through their respective counsel; 27 28 STIPULATION AND ORDER CONSOLIDATING CASES FOR ALL PURPOSES AND PERMITTING FILING OF CONSOLIDATED COMPLAINT 1 WHEREAS, Davidson v. Kimberly-Clark Corporation, et al., Case No. 14-cv-01783-PJH 2 and Jonah v. Kimberly-Clark Corporation, et al., Case No. 15-cv-03243-PJH were deemed 3 related; 4 WHEREAS at the August 16, 2018 Case Management Conference, this Court accepted 5 the parties' proposed schedule for class certification, and set the hearing for Plaintiff's Motion for 6 Class Certification for May 8, 2019 and ordered that the Plaintiffs shall file their opening brief on 7 February 13, 2019, Defendants shall file their opposition by March 27, 2019, and Plaintiffs shall 8 file their reply by April 24, 2019. [Davidson - Dkt. #84; Jonah – Dkt. # 48]; 9 WHEREAS, at the same Case Management Conference, the Court set Plaintiffs' deadline 10 to amend the complaint to December 15, 2018; 11 WHEREAS, the parties previously agreed to an informal stay to attend private mediation, 12 during which time the parties did not pursue any discovery, but as the parties were unable to 13 reach resolution that day, they have decided to resume litigation; 14 WHEREAS, one of the firms representing Plaintiffs is presently preparing for a two week 15 jury trial in January 2019; 16 WHEREAS, in light of the foregoing, Plaintiffs and Defendants request that the dates set 17 forth herein be continued approximately six weeks to enable the parties to complete discovery; 18 WHEREAS, the parties have agreed that Plaintiffs shall file any amended complaints no 19 later than January 25, 2019; Plaintiffs shall file their motion for class certification by March 27, 20 2019; Defendants shall file their opposition by May 6, 2019; Plaintiffs shall file their reply by 21 June 5, 2018; and the hearing shall be held at 9 a.m. on June 19, 2019; 22 WHEREAS, no previous time modifications have been requested; 23 WHEREAS, this time modification will not have any impact on any other scheduled 24 dates; 25 NOW THEREFORE, THE PARTIES BY COUNSEL HEREBY STIPULATE: 26 Plaintiffs shall file any amended complaints no later than January 25, 2019; Plaintiffs shall file 27 their motion for class certification by March 27, 2019; Defendants shall file their opposition by 28 2 STIPULATION AND ORDER CONSOLIDATING CASES FOR ALL PURPOSES AND PERMITTING FILING OF CONSOLIDATED COMPLAINT 1 May 6, 2019; Plaintiffs shall file their reply by June 5, 2019; and the hearing shall be held at 9 2 a.m. on June 19, 2019. 3 SO STIPULATED 4 5 Dated: December 19, 2018 GUTRIDE SAFIER LLP 6 7 8 By: /s/ Kristen G. Simplicio Kristen G. Simplicio 9 Attorneys for Plaintiffs 10 11 DATED: December 19, 2018 SIDLEY AUSTIN LLP 12 13 By:/s/ Sheri Porath Rockwell Sheri Porath Rockwell 14 Attorneys for Defendants 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER CONSOLIDATING CASES FOR ALL PURPOSES AND PERMITTING FILING OF CONSOLIDATED COMPLAINT 1 2 PROPOSED ORDER 3 Pursuant to Civil Local Rule 6-2(a), and GOOD CAUSE APPEARING THEREFOR, it 4 is therefore ORDERED that: 5 Plaintiffs shall file any amended complaints no later than January 25, 2019; Plaintiffs shall file 6 their motion for class certification by March 27, 2019; Defendants shall file their opposition by 7 May 6, 2019; Plaintiffs shall file their reply by June 5, 2019; and the hearing shall be held at 9 8 a.m. on June 19, 2019. 9 10 IT IS SO ORDERED. 11 12 DATED: THE HONORABLE PHYLLIS J. HAMILTON 13 UNITED STATES DISTRICT JUDGE 14 15 ATTESTATION OF COMPLIANCE 16 I, Kristen Simplicio, am the ECF user whose ID and password are being used to file this 17 document. In compliance with section X(B) of General Order 45, I hereby attest that Sheri Porath 18 Rockwell concurred in this filing. 19 /s/ Kristen Simplicio 20 21 22 23 24 25 26 27 28 4 STIPULATION AND ORDER CONSOLIDATING CASES FOR ALL PURPOSES AND PERMITTING FILING OF CONSOLIDATED COMPLAINT