Opinion
4:21-cv-09527 HSG
08-24-2023
CHRIS SMITH, CHERYL SMITH, KAREN SMITHSON, FRANK ORTEGA, ALBERTO CORNEA, MICHELLE ROGERS, DEBORAH CLASS, AMBER JONES, ALEXIS KEISER, LOORN SAELEE, THOMAS PEAR and TANNAISHA SMALLWOOD, individually and on behalf of all other similarly situated individuals, Plaintiffs, v. APPLE INC., Defendant.
MICHAEL F. RAM (SBN 104805) MARIE N. APPEL (SBN 187483) MORGAN & MORGAN COMPLEX LITIGATION GROUP RA O. AMEN (pro hac vice) STEVEN L. NICHOLAS (pro hac vice) LUCY E. TUFTS (pro hac vice) CUNNINGHAM BOUNDS, LLC Attorneys for Plaintiffs and Putative Class ERIN M. BOSMAN (CA SBN 204987) MORRISON & FOERSTER LLP PENELOPE A. PREOVOLOS (CA SBN 87607) CLAUDIA M. VETESI (CA SBN 233485) ALEXIS A. AMEZCUA (CA SBN 247507) Attorneys for Defendant APPLE INC. BENJAMIN H. KILBORN, JR. (pro hac vice) KILBORN LAW, LLC Attorneys for Plaintiffs Chris Smith, Cheryl Smith, Karen Smithson, Frank Ortega, Alberto Cornea, Michelle Rogers, Deborah Class, Amber Jones, Alexis Keiser, Loorn Saelee, Thomas Pear, and Tannaisha Smallwood
Second Am. Compl. Filed: March 17, 2023
MICHAEL F. RAM (SBN 104805)
MARIE N. APPEL (SBN 187483)
MORGAN & MORGAN COMPLEX LITIGATION GROUP
RA O. AMEN (pro hac vice)
STEVEN L. NICHOLAS (pro hac vice)
LUCY E. TUFTS (pro hac vice)
CUNNINGHAM BOUNDS, LLC
Attorneys for Plaintiffs and Putative Class
ERIN M. BOSMAN (CA SBN 204987)
MORRISON & FOERSTER LLP
PENELOPE A. PREOVOLOS (CA SBN 87607)
CLAUDIA M. VETESI (CA SBN 233485)
ALEXIS A. AMEZCUA (CA SBN 247507)
Attorneys for Defendant APPLE INC.
BENJAMIN H. KILBORN, JR. (pro hac vice)
KILBORN LAW, LLC
Attorneys for Plaintiffs Chris Smith, Cheryl Smith, Karen Smithson, Frank Ortega, Alberto Cornea, Michelle Rogers, Deborah Class, Amber Jones, Alexis Keiser, Loorn Saelee, Thomas Pear, and Tannaisha Smallwood
JOINT ADMINISTRATIVE MOTION TO VACATE CASE SCHEDULE AND ORDER
HON. HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE
Pursuant to Civil Local Rule 7-11, Plaintiffs in the above-captioned action Smith v. Apple, Inc., No. 4:21-cv-09527 HSG (N.D. Cal.) and Defendant Apple Inc. (“Apple”), by and through their undersigned counsel, file this joint motion for administrative relief in which Plaintiffs request, and Apple does not oppose, that the Court vacate the deadlines set forth in the February 8, 2023 Amended Scheduling Order (ECF No. 78).
Plaintiffs' Statement. Plaintiffs have filed a Motion to Modify the Case Management Order and Motion to Amend Pleadings (ECF 116, the “Motion”), which Apple opposes. The briefing on Plaintiffs' Motion is scheduled to be completed on September 12, 2023 and the hearing on Plaintiffs' Motion is scheduled for November 16, 2023. The current deadline for the close of fact discovery is September 8, 2023 and the Class Certification Filing deadline is September 22, 2023 - both before Plaintiffs' Motion is set to be heard. Accordingly, Plaintiffs request that the following deadlines in the Court's February 8, 2023 Amended Scheduling Order (ECF No. 78) be vacated pending the resolution of Plaintiffs' Motion:
Event
Current Deadline
Proposed New Deadline
Close of Fact Discovery
September 8, 2023
Vacated pending resolution of Plaintiffs' Motion
Class Certification Filing Deadline (including expert disclosures and expert reports)
September 22, 2023
Vacated pending resolution of Plaintiffs' Motion
Opposition to Class Certification (including Daubert motions and expert reports)
November 17, 2023
Vacated pending resolution of Plaintiffs' Motion
Reply to Class Certification (including Daubert motions and rebuttal expert reports)
December 15, 2023
Vacated pending resolution of Plaintiffs' Motion
Class Certification Hearing
January 18, 2024 at 2:00 p.m.
Vacated pending resolution of Plaintiffs' Motion
Apple's Statement. As discussed in Apple's Request for a Case Management Conference seeking guidance from the Court on a case schedule (ECF 118), and as Apple will detail in its opposition to Plaintiffs' Motion (which, pursuant to the deadlines set by the Court, will be filed by September 5, 2023), Apple's position is that amendment of the pleadings at this late stage is past the deadline and otherwise improper, and that Plaintiffs cannot show good cause to do so. The parties had previously agreed to seek a four-month case extension to the current case schedule, before Plaintiffs informed Apple of their intent to seek leave to amend. Apple believes that the four-month case extension the parties had negotiated would be appropriate should the case remain governed by the current pleadings. However, because Plaintiffs have now filed a Motion to Amend Pleadings that is set for hearing on November 16, 2023, and because the deadlines for the close of fact discovery and Plaintiffs' class certification motion are currently set for September 8, 2023, and September 22, 2023, respectively, Apple does not oppose Plaintiffs' request to vacate the current case deadlines while Plaintiffs' Motion is pending.
ECF ATTESTATION
I, Lucy E. Tufts, am the ECF User whose ID and password are being used to file this document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Claudia Vertesi has concurred in this filing.
Dated: August 24, 2023
CUNNINGHAM BOUNDS, LLC
Lucy E. Tufts
Attorneys for Plaintiffs
ORDER
The Court hereby GRANTS the Parties' Administrative Motion. Plaintiffs' unopposed request to vacate the following deadlines pending resolution of Plaintiffs' Motion to Modify Case Management Order and Amend Pleadings (ECF 116) is granted:
1. The September 8, 2023 fact discovery deadline;
2. The September 22, 2023 Class Certification filing deadline;
3. The November 17, 2023 Opposition to Class Certification (including Daubert motions and expert reports) filing deadline;
4. The December 15, 2023 Reply to Class Certification (including Daubert motions and expert reports) filing deadline; and
5. The January 18, 2024 Class Certification Hearing.
IT IS SO ORDERED.