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1 KELLER ROHRBACK L.L.P.
Juli E. Farris, SBN 141716
2 801 Garden Street, Suite 301
ELECTRONICALLY
Santa Barbara, CA 93101
3 Telephone: (805) 456-1496 F I L E D
Superior Court of California,
Facsimile: (805) 456-1497 County of San Francisco
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Attorneys for Plaintiffs 04/03/2020
5 Additional Counsel Listed on Signature Page Clerk of the Court
BY: DAVID YUEN
Deputy Clerk
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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11 Ivy Barrett; Elizabeth Tabet; Gretchen Kruger;
Elaine Longo; and Sharon Purcell, Case No. CGC -19-579766
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Plaintiffs, PLAINTIFFS’ RESPONSE TO
13 PETITION FOR COORDINATION OF
v. ADD-ON CASE (CCP § 404.4)
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Rodan + Fields LLC,
801 Garden Street, Suite 301
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Santa Barbara, CA 93101
Keller Rohrback L.L.P.
Defendant.
(805) 456-1496
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17 Notice was previously provided on March 19, 2020, pursuant to Rule 3.544(b), in the
18 above captioned matter and in the coordinated matters (CGC-18-004981) of Scherr v. Rodan &
19 Fields, LLC, Case No. CIV DS 1723435 (or “Scherr”) and Gorzo, et. al. v. Rodan & Fields, LLC,
20 No. CGC-18-565628 (or “Gorzo”), that Plaintiffs Barrett, Tabet, Kruger, Longo and Purcell
21 (“Barrett” Plaintiffs) through their attorneys of record, object to the Petition for Coordination of
22 Add-On Case and Motion for Stay Pending Coordination filed by Rodan + Fields, LLC
23 (“Defendant”).
24 The Barrett Plaintiffs are now submitting a separate memorandum and declaration in
25 opposition to this Motion for Coordination, consistent with Rule 3.544.
26 On March 19, 2020, the Barrett Plaintiffs previously filed an Objection to Defendant’s
27 Motion to Stay Pending Coordination and a memorandum and declaration in opposition, pursuant
28 to Rule 3.515(d).
PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE
Case No. CGC-19-579766
1 As previously stated, Plaintiff’s oppose Defendant’s request for coordination and maintain
2 that the Barrett action should not be combined or coordinated with the Gorzo and Scherr actions
3 as the class action cases are procedurally and substantively distinct from the Barrett action.
4 First, this case is different from other pending cases arising out of Rodan + Fields’
5 product, Lash Boost. The other pending cases are class actions seeking consumer remedies.
6 On March 18, 2020, in a telephonic hearing, Judge Wong continued the previous Barrett
7 trial date from October 5, 2020 to November 9, 2020.
8 Defendant’s argument that “there is a significant risk of duplicative and inconsistent
9 rulings on discovery and other pretrial matters” is not accurate. See Def. Petition for Coordination
10 of Add-On Case (CCP § 404.4) and Motion to Stay Pending Coordination (CCP § 404.5 and CRC
11 Rule 3.15), at p. 3.) The parties have conducted a considerable amount of discovery in the federal
12 action, Lewis et. al., v. Rodan & Fields, LLC, Case No. 3:18-cv-02248-PJH. Defendant has
13 produced a considerable number of documents virtually all of which are relevant to this matter,
14 and depositions of Rodan + Fields employees (plus corporate representatives) have occurred.
801 Garden Street, Suite 301
15 Thus, much of the liability discovery has already been performed.
Santa Barbara, CA 93101
Keller Rohrback L.L.P.
(805) 456-1496
16 On March 9, 2020, Plaintiffs submitted Plaintiffs’ First Request for Inspection and
17 Production of Documents and Things to Defendants. In the cover letter to Defense counsel
18 Plaintiffs’ counsel indicated that “[t]o the extent the [sic] that some of these requests seek
19 documents that Defendant has already produced in the Lewis et. al v. Rodan + Fields class action
20 case, please let us know whether you will agree that such documents can be used in this case.”
21 Although Defendant has not responded to this request, Defendant has already acknowledged in its
22 Petition for Coordination that “discovery done to date will be relevant to the Barrett Action, and
23 the Barrett Plaintiffs will benefit from all of the work product already completed in this
24 proceeding.” (See J. Farris Decl. at ¶ 12; See also Def. Petition for Coordination of Add-On Case
25 (CCP § 404.4) and Motion to Stay Pending Coordination (CCP § 404.5 & CRC Rule 3.15), at p.
26 2.)
27 Pursuant to California Rules of Court, Rules 3.544 and 3.521-3.523, true and correct
28 copies of this Response to Petition for Coordination of Add-On case are being filed in the Scherr
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PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE
Case No. CGC-19-579766
1 and Gorzo actions.
2 Plaintiffs request a hearing on this matter.
3 DATED this 3rd day of April, 2020.
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KELLER ROHRBACK L.L.P.
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By: /s/Juli E. Farris
7 Juli E. Farris (SBN 141716)
KELLER ROHRBACK L.L.P.
8 801 Garden Street, Suite 301
Santa Barbara, CA 93101
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(805) 456-1496
10 Fax (805) 456-1497
jfarris@kellerrohrback.com
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Jeffrey Lewis (SBN 66587)
12 KELLER ROHRBACK L.L.P.
300 Lakeside Drive, Suite 1000
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Oakland, CA 94612
14 (510) 463-3900
Fax (510) 463-3901
801 Garden Street, Suite 301
15 jlewis@kellerrohrback.com
Santa Barbara, CA 93101
Keller Rohrback L.L.P.
(805) 456-1496
16 Michael D. Woerner (pro hac forthcoming)
Benjamin Gould (SBN 250630)
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Erika M. Emerson (pro hac forthcoming)
18 KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
19 Seattle, WA 98101-3052
(206) 623-1900
20 Fax (206) 623-3384
21 mwoerner@kellerrohrback.com
bgould@kellerrohrback.com
22 eemerson@kellerrohrback.com
Attorneys for plaintiffs
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PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE
Case No. CGC-19-579766
1 PROOF OF SERVICE
2 I hereby certify that I am and was at the time of this service mentioned in this declaration
employed in King County, Washington. I am over the age of 18 years and not a party to the within
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action. My business address is Keller Rohrback, LLP, 1201Third Avenue, Suite 3200, Seattle,
4 Washington, 98101. On April 3, 2020, I served upon the parties in this action as identified on the
attached Service List, the within document, described as:
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6 PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE
(CCP § 404.4) AND MOTION FOR STAY PENDING COORDINATION (CCP § 404.5 &
7 CRC RULE 3.15)
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(BY ELECTRONIC MEANS) by causing the document(s) listed above to be sent
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via E-MAIL to the person(s) listed below. 1 did not receive, within a reasonable time after the
10 transmission, any electronic message or other indication that the transmission was unsuccessful.
11 BY MAIL: I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under that practice it would deposited with U.S. Postal
12 Service on that same day with postage thereon fully prepaid at Seattle, Washington in the
13 ordinary course of business. I am aware that on motion of party served, service is presumed
invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit
14 for mailing in affidavit.
801 Garden Street, Suite 301
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Santa Barbara, CA 93101
BY OVERNIGHT DELIVERY: I served such envelope or package to be
Keller Rohrback L.L.P.
delivered on the same day to an authorized courier or driver authorized by the express service carrier
(805) 456-1496
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to receive documents, in an envelope or package designated by the express service carrier.
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BY E-FILE & SERVEXPRESS: I am readily familiar with the practice of
18 collection and processing of documents through File & ServeXpress, and on this date, I served a
true and correct copy of the above-listed document(s) electronically through File & ServeXpress
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on the recipients designated on the Transaction Receipt located on the File & ServeXpress
20 website.
21 I declare under penalty of perjury under the laws of the State of Washington that the above
is true and correct. Executed on April 3, 2020 at Seattle, Washington.
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23 /s/ JeannieBeth Asuncion
JeannieBeth Asuncion, Legal Assistant
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PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE
Case No. CGC-19-579766
1 SERVICE LIST
2 Stephanie A. Sheridan
3 ssheridan@steptoe.com
Anthony J. Anscombe
4 aanscobme@steptoe.com
Meegan B. Brooks
5 mbrooks@steptoe.com
Cody A. DeCamp
6 cdecamp@steptoe.com
7 Steptoe & Johnson LLP
1 Market Street, Spear Tower, Suite 3900
8 San Francisco, CA 94105
Telephone: (415) 365-6700
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Attorneys for Defendant, Rodan + Fields, LLC
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801 Garden Street, Suite 301
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Santa Barbara, CA 93101
Keller Rohrback L.L.P.
(805) 456-1496
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PLAINTIFFS’ RESPONSE TO PETITION FOR COORDINATION OF ADD-ON CASE
Case No. CGC-19-579766