STIPULATION AND MODIFIED ORDER TO CONTINUE CASE DEADLINES AND TRIAL DATE

ELIZABETH D. LAPORTE, Magistrate Judge.

The Parties submit the following Stipulation and [Proposed] Order to Continue Case Deadlines and Trial Date as follows:

WHEREAS, on May 15, 2018, the Court conducted a case management conference. Thereafter, on June 4, 2018, the Court issued its Case Management and Pretrial Order for Jury Trial, setting the following case schedule:

WHEREAS, following some initial discovery, the Parties had a global mediation scheduled with Hon. Kevin Murphy (Ret.) on October 25, 2018, along with the related and overlapping state court cases of Holman v. American Sugar Refining, Inc. dba C&H Sugar Company, Inc., Contra Costa County Superior Court, Case No. CIVMSC18-00415, and Brown v. American Sugar Refining, Inc. and C&H Sugar Company, Inc., Contra Costa County Superior Court, Case No. CIVMSC18-00484;

WHEREAS, another related and overlapping case, Strong v. C&H Sugar Company, Inc., American Sugar Refining, Inc., N.D. Cal. Case No. 4:17-cv-00480-RS, which also contained a wage-statement claim, settled earlier this year and is currently going through the settlement notice and approval process;

WHEREAS, the Parties recently learned that the settlement notice period and final approval of the Strong settlement has been further delayed due to a delay in obtaining preliminary approval and a delay associated with adding several additional opt-ins to the settlement;

WHEREAS, the hearing for final approval of the Strong settlement is now scheduled to take place on December 20, 2018. The deadline for settlement class members to submit a claim form, opt out, or object to the Strong settlement is now November 12, 2018;

WHEREAS, the conclusion of the Strong settlement is necessary to any settlement of the Sanchez, Holman, and Brown matters because individuals who opt in to the Strong settlement will release their claims against C&H Sugar Company, Inc. and American Sugar Refining, Inc. and will therefore not be eligible to participate in settlement of the Sanchez, Holman, and Brown matters. C&H must therefore know the universe of individuals still at issue in Sanchez, Holman, and Brown after the conclusion of the Strong settlement in order to meaningfully participate in the global mediation for Sanchez, Holman, and Brown;

WHEREAS, the Parties are rescheduling the global mediation with Hon. Kevin Murphy (Ret.) to January 22, 2019, after the expected final approval of the Strong settlement on or about December 20, 2018;

WHEREAS, with the current case deadlines and trial date in the instant matter, the Parties would be required to complete fact discovery, spend resources on expert discovery, and prepare dispositive motions, all in advance of and while the Parties are mediating. This would serve as an obstacle to settlement and these resources could otherwise go toward a potential settlement; and

WHEREAS, for the reasons above, the Parties respectfully request a 90-day continuance of the pertinent case deadlines and trial date, as set forth below:

NOW THEREFORE, it is hereby STIPULATED, subject to the Court ordering same, that:

1. All non-expert discovery will be completed by April 4, 2019;

2. Initial expert disclosures are due April 18, 2019;

3. Defendant's opening dispositive motion will be filed by April 29, 2019;

4. Rebuttal expert disclosures due May 2, 2019;

5. Plaintiff's combined opposition and cross motion brief will be filed by May 13, 2019;

6. Defendant's combined reply and opposition brief will be filed by May 27, 2019;

7. Plaintiff's reply to the cross-motion brief will be filed by June 10, 2019;

8. The last day for hearing dispositive motions is June 24, 2019;

9. Discovery of all expert witnesses must be completed by June 27, 2019;

10. The Pretrial Conference is continued to August 6, 2019 or any date thereafter deemed appropriate by the Court; and

11. The Trial is continued to September 16, 2019 or any date thereafter deemed appropriate by the Court.

IT IS SO STIPULATED.

ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

I, Carrie L. Daughters, attest that concurrence in the filing of this Stipulation has been obtained from each of the other signatories.

MODIFIED ORDER

Pursuant to the stipulation by and between all Parties in the above-entitled action, it is hereby ordered that:

1. All non-expert discovery must be completed by April 4, 2019;

2. Initial expert disclosures are due April 18, 2019;

3. Defendant's opening dispositive motion must be filed by April 30, 2019;

4. Rebuttal expert disclosures are due May 2, 2019;

5. Plaintiff's combined opposition and cross motion brief must be filed by May 14, 2019;

6. Defendant's combined reply and opposition brief must be filed by May 28, 2019;

7. Plaintiff's reply to the cross-motion brief must be filed by June 10, 2019;

8. The last day for hearing dispositive motions is June 24, 2019;

9. Discovery of all expert witnesses must be completed by June 27, 2019;

10. The Pretrial Conference is continued to August 6, 2019 AT 2:00 PM and

11. The Trial is continued to September 16, 2019 [or any date thereafter deemed appropriate by the Court].

IT IS SO ORDERED.