Filed: Mar. 07, 2017
Latest Update: Mar. 07, 2017
Summary: STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER AS TO TRIAL DATE AND ALL RELATED DEADLINES DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, pursuant to Eastern District of California Local Rule 144(a), by and between Plaintiff DAVID SAN JUAN ("Plaintiff"), by and through his attorneys of record, and Defendants ANHEUSER-BUSCH INC. and ANHEUSER-BUSCH, LLC ("Defendants"), by and through their attorneys of record, as follows: 1. WHEREAS, on April 25, 2016, Pla
Summary: STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER AS TO TRIAL DATE AND ALL RELATED DEADLINES DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, pursuant to Eastern District of California Local Rule 144(a), by and between Plaintiff DAVID SAN JUAN ("Plaintiff"), by and through his attorneys of record, and Defendants ANHEUSER-BUSCH INC. and ANHEUSER-BUSCH, LLC ("Defendants"), by and through their attorneys of record, as follows: 1. WHEREAS, on April 25, 2016, Plai..
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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER AS TO TRIAL DATE AND ALL RELATED DEADLINES
DEBORAH BARNES, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, pursuant to Eastern District of California Local Rule 144(a), by and between Plaintiff DAVID SAN JUAN ("Plaintiff"), by and through his attorneys of record, and Defendants ANHEUSER-BUSCH INC. and ANHEUSER-BUSCH, LLC ("Defendants"), by and through their attorneys of record, as follows:
1. WHEREAS, on April 25, 2016, Plaintiff filed a "Complaint for Damages and Declaratory and Injunctive Relief" ("Complaint") against Defendants in the United States District Court, Eastern District of California;
2. WHEREAS, Defendants filed their "Answer to Plaintiff's Complaint" on June 20, 2016;
3. WHEREAS, on August 22, 2016, the Court entered the Pre-Trial Scheduling Order (Doc. No. 18), which set forth a Trial Date on October 16, 2017, the Final Pre-Trial Conference on August 11, 2017, the deadline to complete discovery by April 14, 2017, and completion of non-discovery law and motion by June 2, 2017.
4. WHEREAS, Plaintiff and Defendants (the "Parties"), through their respective attorneys of record, agreed to stay discovery and focus initially on discovery needed to prepare for mediation;
5. WHEREAS, the parties participated in a full-day of mediation on January 31, 2016 which was not successful in resolving the matter;
6. WHEREAS, the parties wish to continue engaging in good faith settlement negotiations;
7. WHEREAS, the parties have diligently engaged in discovery to date, including four depositions taken by Plaintiff and Plaintiff's first half-day of deposition taken by Defendants on November 4, 2016;
8. WHEREAS, the parties have insufficient time to complete depositions and other discovery necessary prior to the discovery completion date of April 14, 2017;
9. WHEREAS, Plaintiff's counsel, Jean K. Hyams, of Levy Vinick Burrell Hyams LLP, serves as President of the California Employment Lawyers Association ("CELA") and the current trial date of October 16, 2017 conflicts with the annual CELA conference and board meeting;
10. WHEREAS, Plaintiff's counsel's involvement in the CELA conference and board meeting is required;
11. WHEREAS, Defendant's counsel, Lisa Sween, of Jackson Lewis LLP, has very limited availability to participate in depositions between now and the current close of discovery due to another active matter;
12. WHEREAS, the Parties are working cooperatively to schedule the remaining discovery necessary to take place as soon as practicable, and to continue trial on a mutually agreeable date, subject to the Court's approval;
13. WHEREAS, the parties have agreed that all pretrial motions, except motions to compel discovery shall be briefed no later than June 9, 2017, with oppositions and replies to be filed no later than June 23, 2017 and June 30, 2017, respectively.
14. WHEREAS, Defendants' counsel is not available for trial prior to November 8, 2017.
15. WHEREAS, there have been no prior extensions of the trial date or any dates set by the Court, other than the expert disclosure deadlines;
BASED ON THE FOREGOING, the parties hereby stipulate to the following revised schedule and respectfully request that the Court modify the Pretrial Scheduling Order as set forth in the proposed schedule below:
Event Prior Deadline New Deadline
Plaintiff shall disclose experts March 17, 2017 May 5, 2017
Defendant shall disclose experts March 31, 2017 May 19, 2017
Rebuttal experts April 7, 2017 May 26, 2017
Non-expert discovery shall be completed April 14, 2017 May 19, 2017
by
Expert discovery shall be completed by June 2, 2017
All pretrial motions, except motions to June 2, 2017 July 14, 2017
compel discovery, shall be briefed in
accordance with the parties' agreement
re modified briefing and completed by
Final pre-trial conference August 11, 2017 September 1, 2017
Trial October 16, 2017 November 9, 2017
IT IS SO STIPULATED.
I, Jean K. Hyams, attest that all other signatories listed, and on whose behalf this filing is submitted, concur in the contents of this form and have authorized the filing. Dated: March 7, 2017.
ORDER
The parties' stipulation, as modified below, is granted.
Event Prior Deadline New Deadline
Plaintiff shall disclose experts March 17, 2017 May 5, 2017
Defendant shall disclose experts March 31, 2017 May 19, 2017
Rebuttal experts April 7, 2017 May 26, 2017
All discovery shall be completed by June 2, 2017
All pretrial motions, except motions to June 2, 2017 July 28, 2017
compel discovery, shall be completed by
Final pre-trial conference August 11, 2017 October 6, 2017
Trial October 16, 2017 December 4, 2017
IT IS SO ORDERED.
