STIPULATION FURTHER EXTENDING TIME BY 21 DAYS FOR DEFENDANT CEVA LOGISTICS U.S., INC. TO RESPOND TO PLAINTIFFS' DISCOVERY REQUESTS; [PROPOSED] ORDER

[Fed. R. Civ. Proc. 29(b); E.D. Cal. R. 144(a)]

CAROLYN K. DELANEY, Magistrate Judge.

Pursuant to Federal Rule of Civil Procedure 29(b) and Eastern District of California Local Rule 144(a), Plaintiffs Ken Miller, Jeremie Todd, and Christopher Franklin (collectively "Plaintiffs") and Defendant CEVA Logistics U.S., Inc. ("CEVA") stipulate to a further 21-day extension for CEVA to respond to Plaintiffs' discovery requests as follows:

WHEREAS, on May 23, 2013, Plaintiffs filed a putative wage and hour class action against CEVA and co-defendant Adecco USA, Inc. ("Adecco") in San Joaquin County Superior Court, which subsequently was removed to this Court;

WHEREAS, on September 3, 2013, Plaintiffs served CEVA by U.S. mail with (a) Plaintiffs' Interrogatories to CEVA, Set One; (b) Plaintiffs' Request for Production of Documents to CEVA, Set One; (c) Plaintiffs' Notice of Deposition of Designated Corporate Representative(s) of CEVA and Request for Production of Documents; and (d) Plaintiffs' Request for Admissions to CEVA, Set One;

WHEREAS, Federal Rules of Civil Procedure 33(b)(2), 34(b)(2)(A), and 36(a)(3) require that CEVA respond, within 30 days of service,1 to the Interrogatories, Request for Production of Documents, Request for Production of Documents contained in Plaintiffs' Notice of Deposition of Designated Corporate Representative(s), and Request for Admissions described above, unless Plaintiffs and CEVA stipulate to a shorter or longer period of time to respond under Federal Rule of Civil Procedure 29(b);

WHEREAS, Federal Rule of Civil Procedure 29(b) provides that parties may enter into a stipulation extending the time for any form of discovery without court approval, so long as it does not interfere with the time set for completing discovery, for hearing a motion, or for trial;

WHEREAS, Plaintiffs and CEVA agreed by written stipulation, signed and filed on September 24, 2013 (Dkt. No. 16), to an initial 28-day extension of time, up to and including November 4, 2013, for CEVA to respond to Plaintiffs' discovery requests that, pursuant to Eastern District of California Local Rule 144(a), did not require approval of the Court;

WHEREAS, Eastern District of California Local Rule 144(a) requires that further stipulations to extend the time to respond to discovery requests after an initial 28-day extension be approved by the Court;

WHEREAS, the information and documents requested by Plaintiffs are being collected by CEVA from multiple corporate departments, as well as from general managers and contract managers whose operations are conducted from different locations spread across California;

WHEREAS, the documents CEVA is collecting are in various forms, including physical and tangible documents such as daily driver log forms and meeting rosters, as well as electronically stored information, all of which must be processed and converted to searchable PDF format, in accordance with Plaintiffs' and CEVA's agreement, before production;

WHEREAS, CEVA has been working diligently to collect the information and documents from the numerous sources controlling and holding them, but has determined and notified Plaintiffs that completion of the collection and compilation processes in time to prepare comprehensive responses by the agreed deadline of November 4, 2013 is impracticable;

WHEREAS, Plaintiffs and CEVA agree that thorough and complete responses to discovery requests are preferable to rushed and incomplete responses that would likely result from strict adherence to the November 4 deadline;

WHEREAS, Plaintiffs and CEVA agree that a further extension of the deadline for CEVA to respond to the discovery requests described above will not interfere with (a) the class certification discovery cut-off date, the expert witness disclosure deadline, or the rebuttal expert disclosure deadline set in the Pretrial Scheduling Order (Dkt. No. 15), provided that United States District Judge Troy L. Nunley agrees to an extension of the current April 30, 2014 class certification discovery cut-off date, May 30, 2014 expert witness disclosure deadline, and June 30, 2014 rebuttal expert disclosure deadline set therein2; (b) the December 11, 2014 class certification hearing date set in the Pretrial Scheduling Order; or (c) any other hearing date or deadline set in the Pretrial Scheduling Order;

WHEREAS, there is good cause for the Court to approve a further extension of the deadline for CEVA to respond to the aforementioned discovery requests, for the reasons noted above; and the further extension will not prejudice any party, provided that United States District Judge Troy L. Nunley agrees to an extension of the April 30, 2014 class certification discovery cut-off date, May 30, 2014 expert witness disclosure deadline, and June 30, 2014 rebuttal expert disclosure deadline included in the Pretrial Scheduling Order;

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and CEVA, through their respective counsel, as follows:

1. CEVA may have an additional 21 days, up to and including November 25, 2013, to respond to Plaintiff's Interrogatories, Request for Production of Documents, Request for Production of Documents contained in Plaintiffs' Notice of Deposition of Designated Corporate Representative(s), and Request for Admissions described above, provided that United States District Judge Troy L. Nunley agrees to an extension of the April 30, 2014 class certification discovery cut-off date, May 30, 2014 expert witness disclosure deadline, and June 30, 2014 rebuttal expert disclosure deadline included in the Pretrial Scheduling Order (Dkt. No. 15); and

2. This Stipulation is without prejudice to any privileges or objections that CEVA may assert in response to Plaintiff's Interrogatories, Request for Production of Documents, Request for Production of Documents contained in Plaintiffs' Notice of Deposition of Designated Corporate Representative(s), or Request for Admissions described above.

ORDER

Based upon the foregoing Stipulation and good cause appearing therefor, IT IS HEREBY ORDERED THAT:

1. CEVA may have an additional 21 days, up to and including November 25, 2013, to respond to Plaintiff's Interrogatories, Request for Production of Documents, Request for Production of Documents contained in Plaintiffs' Notice of Deposition of Designated Corporate Representative(s), and Request for Admissions, provided that United States District Judge Troy L. Nunley agrees to an extension of the April 30, 2014 class certification discovery cut-off date, May 30, 2014 expert witness disclosure deadline, and June 30, 2014 rebuttal expert disclosure deadline included in the Pretrial Scheduling Order (Dkt. No. 15); and

2. This Stipulation is without prejudice to any privileges or objections that CEVA may assert in response to Plaintiff's Interrogatories, Request for Production of Documents, Request for Production of Documents contained in Plaintiffs' Notice of Deposition of Designated Corporate Representative(s), or Request for Admissions.

IT IS SO ORDERED.