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Barker v. Swift Transportation Company of Arizona, LLC, 2:16-cv-01532-TLN-CKD. (2017)

Court: District Court, E.D. California Number: infdco20170925917 Visitors: 8
Filed: Sep. 22, 2017
Latest Update: Sep. 22, 2017
Summary: JOINT STIPULATION TO EXTEND CASE DEADLINES; ORDER TROY L. NUNLEY , District Judge . Plaintiffs, Bill Barker, Tab Bachman, and William Yingling ("Plaintiffs") and Defendant, Swift Transportation Company of Arizona, LLC ("Swift") pursuant to USDC EDCA Local Rule 143 stipulate and agree as follows: On September 6, 2016, this Court, pursuant to Federal Rule of Civil Procedure 16(b) and the Rule 26(f) Conference Statement of the parties, issued a Pretrial Scheduling Order setting the deadline f
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JOINT STIPULATION TO EXTEND CASE DEADLINES; ORDER

Plaintiffs, Bill Barker, Tab Bachman, and William Yingling ("Plaintiffs") and Defendant, Swift Transportation Company of Arizona, LLC ("Swift") pursuant to USDC EDCA Local Rule 143 stipulate and agree as follows:

On September 6, 2016, this Court, pursuant to Federal Rule of Civil Procedure 16(b) and the Rule 26(f) Conference Statement of the parties, issued a Pretrial Scheduling Order setting the deadline for Plaintiffs' Motion for Class Certification for September 21, 2017 (ECF No. 15). The Court also set the expert disclosure deadline for any expert to be used on class certification for July 27, 2017, and the deadline for Swift's supplemental expert disclosure for 20 days after that deadline. Id.

These deadlines have been modified since the Court's original Pretrial Scheduling Order. On May 31, 2017, the Court entered an Order setting the discovery cut-off for July 31, 2017 pursuant to the parties' stipulation to extend the discovery cut-off for sixty days (ECF No. 22). On August 8, 2017, the Court extended the expert disclosure deadline to September 8, 2017 (ECF No. 29). On September 14, 2017, the Court entered an order extending the discovery cut-off for the limited purpose of resolving the ongoing discovery dispute regarding Plaintiffs' challenged discovery responses and Defendant's Third Supplemental Response to Plaintiffs' Request for Production of Documents, Set One to September 21, 2017 (ECF No. 31).

On September 20, 2017, Plaintiffs' filed their Motions for Conditional Certification and Class Certification with the hearing scheduled on November 2, 2017 (ECF No. 32). Under Local Rule 230, Swift's opposition to Plaintiffs' motions is due 14 days before the hearing, October 19, 2017. Plaintiffs' reply brief is due 7 days before the hearing, October 26, 2017.

The parties are now exploring in good faith a possible settlement of this case. Neither party will be prejudiced by the requested brief extension. Therefore, the parties jointly propose a 30-day extension for all outstanding deadlines in order to select a mediator and mediation date and stipulate to the following:

The deadlines in the Pretrial Scheduling Order and the Court's subsequent orders should be revised as follows:

Event Current Date Proposed Date Swift's Supplemental September 28, 2017 October 27, 2017 List of Expert Witnesses (if any) Swift's Response to October 19, 2017 November 17, 2017 Plaintiffs' Motions for Class and Conditional Certification Plaintiffs' Reply in October 26, 2017 December 11, 2017 Support of their Motions for Class and Conditional Certification Discovery Cut-Off September 21, 2017 October 27, 2017 for the limited purpose of resolving the ongoing discovery dispute regarding Plaintiffs' Challenged Discovery Responses and Defendant's Third Supplemental Response to Plaintiffs' Request for Production of Documents, Set One

IT IS FURTHER STIPULATED and AGREED between the parties that all other provisions of the Pretrial Scheduling Order of September 6, 2016 and subsequent orders should remain in effect. This Stipulation may be signed in counterparts and any facsimile or electronic signature will be valid as an original signature.

IT IS SO STIPULATED.

ORDER

FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties; the deadlines in the Scheduling Order previously set forth by the Court are revised as follows:

Event Current Date Proposed Date Swift's Supplemental September 28, 2017 October 27, 2017 List of Expert Witnesses (if any) Swift's Response to October 19, 2017 November 17, 2017 Plaintiffs' Motions for Class and Conditional Certification Plaintiffs' Reply in October 26, 2017 December 11, 2017 Support of their Motions for Class and Conditional Certification Hearing on November 2, 2017 January 11, 2018, at 2:00 Plaintiffs' Motions p.m. for Class and Conditional Certification Discovery Cut-Off September 21, 2017 October 27, 2017 for the limited purpose of resolving the ongoing discovery dispute regarding Plaintiffs' Challenged Discovery Responses and Defendant's Third Supplemental Response to Plaintiffs' Request for Production of Documents, Set One

IT IS SO ORDERED.

Source:  Leagle

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