GALLAGHER v. BAYER AG

Case No. 14-cv-04601-WHO.

COLLEEN GALLAGHER, ILANA FARAR, ANDREA LOPEZ, JOANN CORDARO, and ROSANNE COSGROVE, on behalf of themselves and all others similarly situated, Plaintiffs, v. BAYER AG, BAYER CORPORATION, and BAYER HEALTHCARE LLC, Defendants.

United States District Court, N.D. California, San Francisco Division.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Fraud
Nature of Suit: 890 Other Statutory Actions
Source: PACER


Attorney(s) appearing for the Case

Ilana Farar, Plaintiff, represented by Laurence D. King , Kaplan Fox & Kilsheimer LLP.

Ilana Farar, Plaintiff, represented by Amanda Marie Howell , Stanley Law Group, Lauren I. Dubick , Kaplan Fox Kilsheimer LLP, pro hac vice, Linda M. Fong , Kaplan Fox & Kilsheimer LLP, Robert N. Kaplan , Kaplan Kilsheimer & Fox LLP & Stephen Henry Gardner , Stanley Law Group.

Andrea Lopez, Plaintiff, represented by Stephen Henry Gardner , Stanley Law Group, Amanda Marie Howell , Stanley Law Group, Linda M. Fong , Kaplan Fox & Kilsheimer LLP & Laurence D. King , Kaplan Fox & Kilsheimer LLP.

Rosanne Cosgrove, Plaintiff, represented by Stephen Henry Gardner , Stanley Law Group, Amanda Marie Howell , Stanley Law Group, Linda M. Fong , Kaplan Fox & Kilsheimer LLP & Laurence D. King , Kaplan Fox & Kilsheimer LLP.

Bayer AG, Defendant, represented by Ryan M. Sandrock , Sidley Austin, LLP, Benjamin Milton Mundel , Sidley Austin, pro hac vice, Cara Rafaela Viglucci Lopez , Sidley Austin LLP, pro hac vice, Eugene A. Schoon , Sidley Austin LLP, pro hac vice, Jonathan Fredrick Cohn , Sidley Austin LLP, pro hac vice & Paul Joseph Ray , Sidley Austin LLP, pro hac vice.

Bayer Corporation, Defendant, represented by Ryan M. Sandrock , Sidley Austin, LLP, Benjamin Milton Mundel , Sidley Austin, pro hac vice, Cara Rafaela Viglucci Lopez , Sidley Austin LLP, pro hac vice, Eugene A. Schoon , Sidley Austin LLP, pro hac vice, Jonathan Fredrick Cohn , Sidley Austin LLP, pro hac vice & Paul Joseph Ray , Sidley Austin LLP, pro hac vice.

Bayer HealthCare LLC, Defendant, represented by Ryan M. Sandrock , Sidley Austin, LLP, Benjamin Milton Mundel , Sidley Austin, pro hac vice, Cara Rafaela Viglucci Lopez , Sidley Austin LLP, pro hac vice, Eugene A. Schoon , Sidley Austin LLP, pro hac vice, Jonathan Fredrick Cohn , Sidley Austin LLP, pro hac vice & Paul Joseph Ray , Sidley Austin LLP, pro hac vice.


STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES

WILLIAM H. ORRICK, District Judge.

Pursuant to Civil Local Rule 6-2, the parties stipulate to and jointly request a brief extension of case deadlines. A brief 30-day extension of deadlines is requested to provide Bayer with adequate time to depose the survey expert Plaintiffs disclosed on July 7, 2017 and prepare its reply brief.

Procedural History and Prior Extensions. An initial case management scheduling order was entered on October 16, 2014. Dkt. 5. By stipulation, the Court entered an amended case management scheduling order on December 22, 2014. Dkt. 38. Following an in person meet and confer, on December 11, 2015 the Court entered a revised briefing and discovery schedule. Dkt. 92.

During a discovery hearing on June 7, 2016, the Court extended the close of fact discovery from May 9, 2016 until July 9, 2016. Dkt. 115.

On July 8, 2016 the parties filed a stipulation and proposed order on discovery and scheduling. Dkt. 119. Pursuant to the stipulation, the Court extended the discovery schedule which included extending the close of fact discovery from July 9, 2016 to September 9, 2016. Dkt. 120.

On September 6, 2016, Bayer filed a motion for extension of case deadlines to complete discovery which Plaintiffs did not oppose. Dkt. 124. The Court granted the motion and extended all case deadlines by 60 days. Dkt. 125.

On February 1, 2017, the parties filed a joint stipulation for further extension of the case deadlines to permit Bayer to depose Plaintiff's expert witness Dr. Blonz on March 8, who was unavailable before that date, and have adequate time to prepare its response brief. The Court granted the motion for extension of case deadlines and moved the Class Certification Response deadline from March 13, to March 24, 2017, the Class Certification Reply from April 27, to May 10, 2017 and the Class Certification Hearing from May 17, to May 30, 2017.

On April 7, 2017, the parties filed a joint stipulation for further extension of the case deadlines. The parties requested the extension to allow Plaintiffs time to depose both of Bayer's expert witnesses, Dr. Blumberg and Dr. Kivetz, who were available for deposition April 14 and May 12 respectively, and time to prepare its responses to Bayer's opposition to Plaintiffs' Motion for Class Certification and Bayer's Motion for Summary Judgement. The Court granted the motion and moved the date for Plaintiffs' Summary Judgment Response from April 7, 2017 to July 7, 2017, Plaintiffs' Class Certification Reply from May 10, 2017 to July 7, 2017, Defendant's Summary Judgment Reply from April 14, 2017 to August 7, 2017, and the hearing on both motions from May 31, 2017 to August 23, 2017. Dkt. 139.

Scheduling of Expert Deposition.

On July 7, 2017, with their Class Certification Reply and Opposition to Defendants' Motion for Summary Judgment, Plaintiffs' disclosed an additional expert witness, Dr. Jonathan Hibbard. Bayer is seeking to depose Dr. Hibbard, who is available for deposition on August 1, 2017. Currently, the date for Bayer's response to Plaintiffs' opposition to Bayer's Motion for Summary Judgement is August 7, 2017. Additionally, lead counsel for Bayer has numerous hearings and briefs due between the current date and August 7. A brief 30-day extension of deadlines is requested to provide Bayer with adequate time to depose Dr. Hibbard and prepare its reply brief.

Requested Extension. The parties respectfully request that the Court extend the following case deadlines as follows:

Deadline Current Date Requested Date Summary Judgment Reply August 7, 2017 September 6, 2017 Class Certification and August 23, 2017 September 22, 2017 Summary Judgment Hearing This request does not impact any other deadlines in the case.

SIGNATURE ATTESTATION

I am the ECF User whose identification and password are being used to file the foregoing Stipulation and Proposed Order for Further Extension of Case Deadlines. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that the signatory has concurred in this filing.

PURSUANT TO STIPULATION, IT IS ORDERED:

• The Summary Judgment Reply deadline is extended from August 7, 2017 to September 6, 2017. • The Class Certification and Summary Judgment hearing is continued from August 23, 2017 to September 22, 2017 or later.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases