Filed: Jun. 24, 2019
Latest Update: Jun. 24, 2019
Summary: STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER WILLIAM B. SHUBB , District Judge . Whereas, on November 14, 2016, the Court entered an initial Status (Pretrial Scheduling) Order setting forth expert, pretrial, and trial deadlines in the above actions consolidated for pretrial purposes; Whereas, the parties requested and the Court previously granted extensions of the expert, pretrial, and trial deadlines by orders dated July 6, 2017, February 6, 2018, March 27, 2019, Apri
Summary: STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER WILLIAM B. SHUBB , District Judge . Whereas, on November 14, 2016, the Court entered an initial Status (Pretrial Scheduling) Order setting forth expert, pretrial, and trial deadlines in the above actions consolidated for pretrial purposes; Whereas, the parties requested and the Court previously granted extensions of the expert, pretrial, and trial deadlines by orders dated July 6, 2017, February 6, 2018, March 27, 2019, April..
More
STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
WILLIAM B. SHUBB, District Judge.
Whereas, on November 14, 2016, the Court entered an initial Status (Pretrial Scheduling) Order setting forth expert, pretrial, and trial deadlines in the above actions consolidated for pretrial purposes;
Whereas, the parties requested and the Court previously granted extensions of the expert, pretrial, and trial deadlines by orders dated July 6, 2017, February 6, 2018, March 27, 2019, April 25, 2019, and May 15, 2019 (ECF Nos. 59, 84, 121, 126, and 129 respectively), in order to allow for pleadings motion practice, for the parties to resolve discovery issues, for the Court to conduct a status conference as requested by Plaintiffs, and to facilitate early settlement discussions and the parties' initial engagement in the Court's VDRP process;
Whereas, the parties are actively engaged in the Court's VDRP process and have selected a mediator and a date for an initial mediation session, to take place on July 8, 2019;
Whereas, the parties also have been and continue to be engaged in informal settlement discussions separate and apart from their participation in the VDRP process, and are hopeful that further discussions may lead to settlement of this matter either before, during, or following the July 8, 2019 mediation session;
Whereas, the parties agree that a further extension of the remaining pretrial deadlines and trial date is reasonable to allow the parties to meaningfully engage in and complete the VDRP process and other settlement discussions, and will promote judicial economy, avoid potentially unnecessary law and motion and expert discovery proceedings, and streamline adjudication of these matters;
IT IS HEREBY STIPULATED by the parties, through their counsel of record, that the current expert disclosure and dispositive motion deadlines shall be modified as follows:
Event Prior Deadline New Deadline
Rebuttal expert disclosures June 24, 2019 July 15, 2019
Deadline to serve expert discovery June 26, 2019 July 17, 2019
requests
Close of expert discovery July 12, 2019 July 26, 2019
Deadline to file dispositive motions July 12, 2019 July 26, 2019
Deadline to file oppositions to dispositive August 12, 2019 August 19, 2019
motions
Deadline to file replies in support of August 26, 2019 August 30, 2019
dispositive motions
Dispositive motion hearing date September 9, 2019 September 9, 2019
Pretrial conference September 30, 2019 September 30, 2019
Trial date November 13, 2019 November 13, 2019
IT IS FURTHER STIPULATED that responses to expert discovery requests shall be served no later than July 26, 2019, the new deadline for the close of expert discovery.
Except as modified above, the prior scheduling order remains unchanged.
Respectfully submitted,
Dated: June 20, 2019 DLA PIPER LLP (US)
By: /s/ Jeanette T. Barzelay
SHAND S. STEPHENS
AMANDA L. MORGAN
JEANETTE T. BARZELAY
Attorneys for Defendants
Applied Underwriters, Inc., Applied Underwriters
Captive Risk Assurance Company, Inc., California
Insurance Company, and Applied Risk Services, Inc.
Dated: June 20, 2019 HINSHAW & CULBERTSON LLP
By: /s/ Travis R. Wall
SPENCER Y. KOOK
TRAVIS R. WALL
Attorneys for Defendants
Applied Underwriters, Inc., Applied Underwriters
Captive Risk Assurance Company, Inc., California
Insurance Company, and Applied Risk Services, Inc.
Dated: June 20, 2019 BERGER & MONTAGUE, P.C.
By: /s/ Glen Abramson
GLEN ABRAMSON pro hac vice
PETER R. KAHANA pro hac vice
Attorneys for Plaintiffs
Pet Food Express Ltd., a California corporation, and
all those similarly situated, and Alpha Polishing, Inc.
d/b/a General Plating Co.
Dated: June 20, 2019 FARMER SMITH & LANE, LLP
By: /s/ Craig E. Farmer
CRAIG E. FARMER
Attorneys for Plaintiff
Shasta Linen Supply, Inc., on behalf of itself and all
others similarly situated, and Alpha Polishing, Inc.
d/b/a General Plating Co.
Dated: June 20, 2019 LAW OFFICES OF JOHN DOUGLAS MOORE
By: /s/ John Douglas Moore
JOHN DOUGLAS MOORE
Attorneys for Plaintiffs
Pet Food Express Ltd., a California corporation, and
all those similarly situated, and Alpha Polishing, Inc.
d/b/a General Plating Co.
SIGNATURE ATTESTATION
I, Jeanette Barzelay, am the ECF user whose identification and password are being used to file the foregoing Stipulation and [Proposed] Order Modifying Scheduling Order. In compliance with Local Rules, I hereby attest that all party signatories hereto concur in this filing.
/s/ Jeanette T. Barzelay
ORDER
Pursuant to stipulation, and good cause appearing, the Court hereby orders:
(1) The time to make rebuttal expert disclosures and exchange rebuttal expert reports is extended to July 15, 2019;
(2) The time to serve written discovery requests to experts is extended to July 17, 2019;
(3) The date for the close of expert discovery is extended to July 26, 2019;
(4) The deadline for filing and service of dispositive motions is July 26, 2019;
(5) Responses to expert discovery requests shall be served on or before July 26, 2019;
(6) The deadline for filing and service of oppositions to dispositive motions is August 19, 2019;
(7) The deadline for filing and service of replies in support of dispositive motions is August 30, 2019.
(8) The dispositive motion hearing date, pretrial conference date, and trial date remain unchanged from the prior scheduling order.
IT IS SO ORDERED.
