1 SETAREH LAW GROUP MARLIN & SALTZMAN Shaun Setareh, Esq. (SBN 204514) Stanley D. Saltzman, Esq. (SBN 90058) 2 Thomas Segal, Esq. (SBN 222791) Karen I. Gold, Esq. (SBN 258360) 315 South Beverly Drive, Suite 315 29800 Agoura Road, Suite 210 3 Beverly Hills, California 90212 Agoura Hills, California 91301 Telephone: (310)888-7771 Telephone: (818) 991-8080 4 Facsimile: (310)888-0109 Facsimile: (818) 991-8081 fhomas@setarehlaw.com ssaltzman@marlinsaltzman.com 5 shaun@setarehlaw.com kgold@marlinsaltzman.com
6 Attorneys for Plaintiffs, individually and on behalf of all others similarly situated and 7 aggrieved
8 QUINN EMANUEL URQUHART & SULLIVAN, LLP 9 Shon Morgan (Bar No. 187736) shonmorgan@quinnemanuel.com 10 John W. Baumann (Bar No. 288881) jackbaumann@quinnemanuel.com 11 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 12 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 13 Attorneys for Defendant Home Depot U.S.A., Inc. 14
15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 JOHN UTNE, on behalf of himself, all others CASE No. 3:16-cv-01854-RS 18 similarly situated, and the general public;
19 JOINT STIPULATION AND ORDER RE Plaintiff, DISCOVERY, PRE-TRIAL SCHEDULE 20 AND TRIAL DATE AS MODIFIED BY vs. THE COURT 21
HOME DEPOT U.S.A., INC., a Delaware 22 Corporation; and DOES 1-50, inclusive,
23 Action Filed: March 8, 2016 Defendants. 24
25 26 27 1 JOINT STIPULATION 2 This Joint Stipulation is made by and between plaintiff John Utne and defendant Home 3 Depot U.S.A., Inc., through their respective counsel of record: 4 1. On February 22, 2021, the parties stipulated to a schedule to ensure sufficient 5 access to expert discovery before briefing defendant’s decertification motion. The Court entered 6 an Order amending the schedule on that same day. [ECF No. 215]. 7 2. Plaintiff has continued concerns regarding the completeness of Home Depot’s 8 document production and questions regarding the same. Home Depot disputes the purported issues 9 with the productions. 10 3. On February 5, 2021, Plaintiff’s counsel sent Home Depot’s counsel his portion of 11 a Joint Letter Regarding Discovery Dispute (“Discovery Letter”) pursuant to this Court’s Order 12 Referring Discovery Disputes. In the Discovery Letter, Plaintiff requested various forms of issue 13 and monetary sanctions to address the perceived problems with Home Depot’s document 14 production. Home Depot disputes the purported issues raised in the Discovery Letter. 15 4. On February 9, 2021, Home Depot’s counsel requested a telephonic meet-and- 16 confer with lead trial counsel to discuss the issues raised in the Discovery Letter. 17 5. On February 10, 2021, counsel (including lead trial counsel) met-and-conferred 18 telephonically to discuss the issues raised in the Discovery Letter. During the meet-and-confer 19 call, Home Depot’s counsel agreed—as a compromise and to avoid a dispute—to, inter alia: 20 (1) look into whether Home Depot could reproduce its time and pay records in a different format; 21 (2) waive the discovery cut-off deadline for purposes of producing Rule 30(b)(6) witness(es) 22 knowledgeable about various aspects of the time and pay records produced by Home Depot (to the 23 extent plaintiff determines, after the review of a sample of reproduced time and pay records, that 24 his questions would not be addressed through the reproduction of time and pay records in the 25 format plaintiff requested, should Home Depot be able to reproduce those records); and 26 (3) stipulate to continue all pending deadlines to give the parties time to resolve these issues. 27 6. The parties continued to meet-and-confer over the issue, and on May 7, 2021, 1 records in a format substantially similar to the format Plaintiffs requested, but that doing so would 2 take approximately 400 man hours. The parties continued to meet-and-confer extensively over the 3 next two months in an effort to ensure that any new productions or re-productions of the records 4 would resolve the pending issues. These meet-and-confer efforts took considerable time as they 5 required repeated back-and-forth between counsel, the parties, and the experts. 6 7. On July 30, 2021, the parties finally reached an agreement regarding the 7 production/re-production of the time records, pay records and class list. Plaintiff agrees that if 8 Home Depot’s new productions or re-productions of the records complies with the agreements 9 reached between the parties as memorialized in the emails sent between them throughout the meet- 10 and-confer process, it will resolve the pending issues pertaining to the form of the time records, 11 pay records, and class list. 12 8. In light of the parties’ prior discussions and agreements, plaintiffs are not presently 13 aware of any material information they believe would be omitted from the contemplated 14 production, but reserve the right seek court intervention in the event of a potential unforeseen issue 15 with the completeness of the production. 16 9. Home Depot will begin compiling the necessary records for production, which 17 Home Depot estimates will take approximately 400 man hours. 18 10. Accordingly, the parties respectfully request the Court adopt the following 19 proposed revised case schedule: 20 Event Current Date Date 21 Rebuttal Expert Designation Deadline Completed Completed
22 Deadline for Home Depot to file Supplemental n/a August 27, 2021 Submission in Support of its Motion to Decertify, (subject to the Court 23 Addressing the Recent Decisions In Olean granting leave to 24 Wholesale Grocery Coop., Inc. v. Bumble Bee Foods supplement) LLC, 993 F.3d 774 (9th Cir. 2021) and TransUnion 25 26 27 1 LLC v. Ramirez, No. 20-297, 2021 WL 2599472, at *1 (U.S. June 25, 2021)1 2 Deadline for Home Depot to submit any n/a October 15, 2021 supplemental time records 3 Deadline for Supplemental Expert Reports May 21, 2021 December 17, 2021 4 Deadline for Depositions of the Parties’ Currently- June 18, 2021 January 21, 2022 Designated Experts 5 Completion of Expert Discovery June 18, 2021 January 21, 2022 6 Plaintiff’s Opposition to Defendant’s Decertification July 16, 2021 February 18, 2022 7 Motion Deadline
8 Defendant’s Reply ISO Defendant’s Decertification August 6, 2021 March 11, 2022 Motion Deadline 9 Last Day for Hearing Pretrial Motions August 20, 2021 March 24, 2022 10 Hearing Date for Defendant’s Decertification 11 Motion August 20, 2021 March 24, 2022 Pretrial Conference November 3, 2021 May 25, 2022 12 at 10:00 a.m. Trial Date November 15, 2021 June 6, 2022 13 14 11. To date, the following deadlines in this action have been modified: Stipulation to 15 Continue Initial Case Management Conference and Order granting same (ECF Nos. 17 and 18); 16 Stipulation to Continue Class Certification Briefing and Hearing and Order granting same (ECF 17 Nos. 35 ad 36); Stipulation to Continue Briefing and Hearing and Order granting same (ECF Nos. 18 110 and 111); Defendant’s Motion to Enlarge Time to Oppose Plaintiff’s Motion for Partial 19 Summary Judgment and Order granting same (ECF Nos. 122 and 124); Stipulation to Extend 20 Plaintiff’s Deadline to Oppose Motion for Partial Summary Judgment and Order Granting Same 21 (ECF No. 130); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion 22 Deadline, Pretrial Conference and Trial Date (ECF No. 144); Stipulation to Extend Expert 23 Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date (ECF No. 151); 24 Stipulation to Set Briefing Schedule and Hearing Date for Defendant’s Motion to Decertify (ECF 25 1 The parties have agreed to this short supplemental submission in exchange for a reciprocal 26 extension of the page limitation for plaintiff’s opposition brief (approximately five pages).
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1 SETAREH LAW GROUP MARLIN & SALTZMAN Shaun Setareh, Esq. (SBN 204514) Stanley D. Saltzman, Esq. (SBN 90058) 2 Thomas Segal, Esq. (SBN 222791) Karen I. Gold, Esq. (SBN 258360) 315 South Beverly Drive, Suite 315 29800 Agoura Road, Suite 210 3 Beverly Hills, California 90212 Agoura Hills, California 91301 Telephone: (310)888-7771 Telephone: (818) 991-8080 4 Facsimile: (310)888-0109 Facsimile: (818) 991-8081 fhomas@setarehlaw.com ssaltzman@marlinsaltzman.com 5 shaun@setarehlaw.com kgold@marlinsaltzman.com
6 Attorneys for Plaintiffs, individually and on behalf of all others similarly situated and 7 aggrieved
8 QUINN EMANUEL URQUHART & SULLIVAN, LLP 9 Shon Morgan (Bar No. 187736) shonmorgan@quinnemanuel.com 10 John W. Baumann (Bar No. 288881) jackbaumann@quinnemanuel.com 11 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 12 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 13 Attorneys for Defendant Home Depot U.S.A., Inc. 14
15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 JOHN UTNE, on behalf of himself, all others CASE No. 3:16-cv-01854-RS 18 similarly situated, and the general public;
19 JOINT STIPULATION AND ORDER RE Plaintiff, DISCOVERY, PRE-TRIAL SCHEDULE 20 AND TRIAL DATE AS MODIFIED BY vs. THE COURT 21
HOME DEPOT U.S.A., INC., a Delaware 22 Corporation; and DOES 1-50, inclusive,
23 Action Filed: March 8, 2016 Defendants. 24
25 26 27 1 JOINT STIPULATION 2 This Joint Stipulation is made by and between plaintiff John Utne and defendant Home 3 Depot U.S.A., Inc., through their respective counsel of record: 4 1. On February 22, 2021, the parties stipulated to a schedule to ensure sufficient 5 access to expert discovery before briefing defendant’s decertification motion. The Court entered 6 an Order amending the schedule on that same day. [ECF No. 215]. 7 2. Plaintiff has continued concerns regarding the completeness of Home Depot’s 8 document production and questions regarding the same. Home Depot disputes the purported issues 9 with the productions. 10 3. On February 5, 2021, Plaintiff’s counsel sent Home Depot’s counsel his portion of 11 a Joint Letter Regarding Discovery Dispute (“Discovery Letter”) pursuant to this Court’s Order 12 Referring Discovery Disputes. In the Discovery Letter, Plaintiff requested various forms of issue 13 and monetary sanctions to address the perceived problems with Home Depot’s document 14 production. Home Depot disputes the purported issues raised in the Discovery Letter. 15 4. On February 9, 2021, Home Depot’s counsel requested a telephonic meet-and- 16 confer with lead trial counsel to discuss the issues raised in the Discovery Letter. 17 5. On February 10, 2021, counsel (including lead trial counsel) met-and-conferred 18 telephonically to discuss the issues raised in the Discovery Letter. During the meet-and-confer 19 call, Home Depot’s counsel agreed—as a compromise and to avoid a dispute—to, inter alia: 20 (1) look into whether Home Depot could reproduce its time and pay records in a different format; 21 (2) waive the discovery cut-off deadline for purposes of producing Rule 30(b)(6) witness(es) 22 knowledgeable about various aspects of the time and pay records produced by Home Depot (to the 23 extent plaintiff determines, after the review of a sample of reproduced time and pay records, that 24 his questions would not be addressed through the reproduction of time and pay records in the 25 format plaintiff requested, should Home Depot be able to reproduce those records); and 26 (3) stipulate to continue all pending deadlines to give the parties time to resolve these issues. 27 6. The parties continued to meet-and-confer over the issue, and on May 7, 2021, 1 records in a format substantially similar to the format Plaintiffs requested, but that doing so would 2 take approximately 400 man hours. The parties continued to meet-and-confer extensively over the 3 next two months in an effort to ensure that any new productions or re-productions of the records 4 would resolve the pending issues. These meet-and-confer efforts took considerable time as they 5 required repeated back-and-forth between counsel, the parties, and the experts. 6 7. On July 30, 2021, the parties finally reached an agreement regarding the 7 production/re-production of the time records, pay records and class list. Plaintiff agrees that if 8 Home Depot’s new productions or re-productions of the records complies with the agreements 9 reached between the parties as memorialized in the emails sent between them throughout the meet- 10 and-confer process, it will resolve the pending issues pertaining to the form of the time records, 11 pay records, and class list. 12 8. In light of the parties’ prior discussions and agreements, plaintiffs are not presently 13 aware of any material information they believe would be omitted from the contemplated 14 production, but reserve the right seek court intervention in the event of a potential unforeseen issue 15 with the completeness of the production. 16 9. Home Depot will begin compiling the necessary records for production, which 17 Home Depot estimates will take approximately 400 man hours. 18 10. Accordingly, the parties respectfully request the Court adopt the following 19 proposed revised case schedule: 20 Event Current Date Date 21 Rebuttal Expert Designation Deadline Completed Completed
22 Deadline for Home Depot to file Supplemental n/a August 27, 2021 Submission in Support of its Motion to Decertify, (subject to the Court 23 Addressing the Recent Decisions In Olean granting leave to 24 Wholesale Grocery Coop., Inc. v. Bumble Bee Foods supplement) LLC, 993 F.3d 774 (9th Cir. 2021) and TransUnion 25 26 27 1 LLC v. Ramirez, No. 20-297, 2021 WL 2599472, at *1 (U.S. June 25, 2021)1 2 Deadline for Home Depot to submit any n/a October 15, 2021 supplemental time records 3 Deadline for Supplemental Expert Reports May 21, 2021 December 17, 2021 4 Deadline for Depositions of the Parties’ Currently- June 18, 2021 January 21, 2022 Designated Experts 5 Completion of Expert Discovery June 18, 2021 January 21, 2022 6 Plaintiff’s Opposition to Defendant’s Decertification July 16, 2021 February 18, 2022 7 Motion Deadline
8 Defendant’s Reply ISO Defendant’s Decertification August 6, 2021 March 11, 2022 Motion Deadline 9 Last Day for Hearing Pretrial Motions August 20, 2021 March 24, 2022 10 Hearing Date for Defendant’s Decertification 11 Motion August 20, 2021 March 24, 2022 Pretrial Conference November 3, 2021 May 25, 2022 12 at 10:00 a.m. Trial Date November 15, 2021 June 6, 2022 13 14 11. To date, the following deadlines in this action have been modified: Stipulation to 15 Continue Initial Case Management Conference and Order granting same (ECF Nos. 17 and 18); 16 Stipulation to Continue Class Certification Briefing and Hearing and Order granting same (ECF 17 Nos. 35 ad 36); Stipulation to Continue Briefing and Hearing and Order granting same (ECF Nos. 18 110 and 111); Defendant’s Motion to Enlarge Time to Oppose Plaintiff’s Motion for Partial 19 Summary Judgment and Order granting same (ECF Nos. 122 and 124); Stipulation to Extend 20 Plaintiff’s Deadline to Oppose Motion for Partial Summary Judgment and Order Granting Same 21 (ECF No. 130); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion 22 Deadline, Pretrial Conference and Trial Date (ECF No. 144); Stipulation to Extend Expert 23 Deadlines, Decertification Motion Deadline, Pretrial Conference and Trial Date (ECF No. 151); 24 Stipulation to Set Briefing Schedule and Hearing Date for Defendant’s Motion to Decertify (ECF 25 1 The parties have agreed to this short supplemental submission in exchange for a reciprocal 26 extension of the page limitation for plaintiff’s opposition brief (approximately five pages). Home Depot will be filing a separate administrative motion seeking leave to submit this supplement, but 27 the parties desired to include a deadline for this submission (in the event leave is granted) to ensure a complete scheduling order covering all relevant dates is in place. 1 No. 155); Stipulation to Extend Expert Deadlines, Defendant’s Decertification Motion Briefing 2 Deadlines, Pretrial Conference and Trial Date (ECF No. 180); and Stipulation to Extend Expert 3 Deadlines, Defendant’s Decertification Motion Briefing Deadlines, and Hearing on Motion to 4 Decertify (ECF No. 187); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 5 189); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 193); Stipulation and 6 Order re: Pre-Trial Schedule and Trial Date (ECF No. 205); Stipulation and Order re: Pre-Trial 7 Schedule and Trial Date (ECF No. 207); Stipulation and Order re: Pre-Trial Schedule and Trial 8 Date (ECF No. 209); Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 213); 9 Stipulation and Order re: Pre-Trial Schedule and Trial Date (ECF No. 215); Stipulation and Order 10 re: Pre-Trial Schedule and Trial Date (ECF No. 216); and Stipulation and Order re: Pre-Trial 11 Schedule and Trial Date (ECF No. 218). 12 IT IS SO STIPULATED. 13 DATED: July 30, 2021 QUINN EMANUEL URQUHART & SULLIVAN, LLP 14 15 By /s/ John Baumann 16 Shon Morgan John Baumann 17 Attorneys for Defendant Home Depot U.S.A., Inc.
DATED: July 30, 2021 MARLIN & SALTZMAN 19 SETAREH LAW GROUP 20 21 By /s/ Karen I. Gold (with permission) Stan Saltzman 22 Karen I. Gold 23 Attorneys for Plaintiff John Utne and the Class
24 Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this 25 document has been obtained from each of the above signatories. 26
27 1 ORDER 2 GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the following 3 deadlines and hearing dates are entered: 4 5 Event New Date 6 Rebuttal Expert Designation Deadline Completed 7 Deadline for Home Depot to file Supplemental Submission in August 27, 2021 Support of its Motion to Decertify, Addressing the Recent (subject to the Court 8 Decisions In Olean Wholesale Grocery Coop., Inc. v. Bumble granting leave to 9 Bee Foods LLC, 993 F.3d 774 (9th Cir. 2021) and TransUnion supplement) LLC v. Ramirez, No. 20-297, 2021 WL 2599472, at *1 (U.S. 10 June 25, 2021) Deadline for Home Depot to submit any supplemental time October 15, 2021 11 records 12 Deadline for Supplemental Expert Reports December 17, 2021 Deadline for Depositions of the Parties’ Currently-Designated January 21, 2022 13 Experts 14 Completion of Expert Discovery January 21, 2022 Plaintiff’s Opposition to Defendant’s Decertification Motion February 18, 2022 15 Deadline 16 Defendant’s Reply ISO Defendant’s Decertification Motion March 11, 2022 17 Deadline 18 Last Day for Hearing Pretrial Motions March 24, 2022 19 Hearing Date for Defendant’s Decertification Motion March 24, 2022 Pretrial Conference May 25, 2022 20 Trial Date June 6, 2022 21 22 23 Dated: 8/3/2021 _____________________________ Honorable Richard Seeborg 24 United States District Judge 25 26 27