Opinion
Case No. 2:10-CV-02443-JAM-EFB
08-25-2011
PHILLIP JOHNSON, JIMMY ALDRIDGE, RANDY VANDERMOLEN, and MATTHEW WEYUKER individually and on behalf of all others similarly situated, Plaintiffs, v. HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC; HARLEY- DAVIDSON, INC., WHICH WILL DO BUSINESS IN CALIFORNIA AS: (WISCONSIN) HARLEY-DAVIDSON, INC.; HARLEY-DAVIDSON MOTOR COMPANY, INC.; and DOES 1-50. Defendants.
William A. Kershaw (SBN 057486) Lyle W. Cook (SBN 148914) KERSHAW, CUTTER & RATINOFF, LLP Gregory James Owen (SBN 102845) OWEN, PATTERSON & OWEN Attorneys for Plaintiffs
William A. Kershaw (SBN 057486)
Lyle W. Cook (SBN 148914)
KERSHAW, CUTTER & RATINOFF, LLP
Gregory James Owen (SBN 102845)
OWEN, PATTERSON & OWEN
Attorneys for Plaintiffs
STIPULATION AND ORDER RE:
SCHEDULE
STIPULATION
WHEREAS, under the Court's Minute Order filed February 8, 2011, Plaintiffs' motion for class certification is set to be filed by August 31, 2011; Defendants' opposition on or before September 28, 2011; Plaintiffs' reply brief on or before October 12, 2011; and the motion is currently set for hearing on October 19, 2011 at 9:30 a.m.;
WHEREAS, the parties have diligently engaged in discovery, including physical inspection by Defendants of the named Plaintiffs' motorcycles, the depositions of two (of the four) named Plaintiffs and the production of several thousand pages of documents by Defendants;
WHEREAS, through no fault of any party certain technical design drawings and other documents only became available to Plaintiffs' expert on Monday August 22, 2011, and Plaintiffs require additional time to file their motion for class certification to allow Plaintiffs' expert additional time to review said documents and to prepare a declaration in support of class certification;
WHEREAS, one of the named Plaintiff's work schedule requires him to travel out of the country and the scheduling his deposition has not yet been possible, the parties need additional time to schedule his as well as his co-named Plaintiff's depositions;
WHEREAS, Plaintiffs just recently filed an Amended Complaint on August 11, 2011 following the Court's recent ruling on Defendants' Motion to Dismiss;
WHEREAS, while Defendants do not object to the requested extension, an extension will create problems for Defendants to respond to the motion within 28 days, and Defendants will therefore require additional time to respond if the extension if granted;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the previously established class certification schedule set forth in the Court's Minute Order, filed February 8, 2011, be modified with the Court's consent as follows:
1. Plaintiffs' Motion for Class Certification to be filed by October 28, 2011 and noticed for hearing on January 25, 2012 at 9:30 a.m.;
2. Defendant's Opposition papers to be filed on or before December 23, 2011; and
3. Plaintiffs' Reply Brief, if any, to be filed on or before January 9, 2012.
KERSHAW, CUTTER & RATINOFF, LLP
William A. Kershaw (SBN 057486)
Attorneys for Plaintiffs
DYKEMA GOSSETT LLP
Paul L. Nystrom (Pro hac vice)
Peter M. Kellett (Pro hac vice)
Attorneys for Defendants
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE