Filed: May 16, 2019
Latest Update: May 16, 2019
Summary: STIPULATION AND [PROPOSED] ORDER (REVISED) 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,
Summary: STIPULATION AND [PROPOSED] ORDER (REVISED) 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, 2..
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STIPULATION AND [PROPOSED] ORDER (REVISED) 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, and April 25, 2019 (ECF Nos. 59, 84, 121, and 126, respectively);
Whereas, on April 17, 2019, the Court, inter alia, ordered these actions referred to the Court's Voluntary Dispute Resolution Program ("VDRP"), ordered the parties within fourteen (14) days of its Order to contact the VDRP administrator to start the process of selecting an appropriate neutral; and ordered the parties to complete the VDRP session no later than June 14, 2019. (ECF No. 124.);
Whereas, shortly prior to the May 3, 2019 deadline (set by the ADR program director) for the parties to select a neutral, the parties learned that two of the three possible neutrals offered by the VDRP administrator had conflicts due to their being former partners of DLA Piper, LLP, lead counsel for Defendants;
Whereas, on May 3, 2019, the parties advised the VDRP administrator of the conflicts and requested additional options but to date have not received a response;
Whereas, separate from and in addition to the VDRP process, the parties have also entered discussions regarding resolution of the cases; and
Whereas, the parties agree that an additional extension of approximately thirty (30) days of the expert and rebuttal expert disclosure deadlines as well as the VDRP deadline ordered by the Court is reasonable to allow the parties to meaningfully engage in and complete the VDRP process, and will promote judicial economy, avoid duplicative law and motion and discovery proceedings, and streamline adjudication of these matters;
IT IS HEREBY STIPULATED by the parties, through their counsel of record, that the current case deadlines shall be modified as follows:
Event Current Deadline New Deadline
Expert disclosures May 20, 2019 June 10, 2019
Rebuttal expert disclosures June 10, 2019 June 24, 2019
Deadline to serve expert discovery requests June 14, 2019 June 26, 20191
Close of expert discovery July 8, 2019 July 12, 2019
Deadline to complete VDRP process June 14, 2019 July 10, 2019
Deadline to file dispositive motions July 8, 2019 July 12, 2019
Deadline to file oppositions to dispositive
motions August 19, 2019 August 12, 2019
Deadline to file replies in support of
dispositive motions September 9, 2019 August 26, 2019
Dispositive motion hearing date September 23, 2019 September 9, 2019
Pretrial conference September 16, 2019 September 30, 2019
Trial date November 13, 2019 November 13, 2019
Respectfully submitted,
Dated: May 14, 2019 BERGER MONTAGUE P.C.
By: /s/Glen L. Abramson
GLEN ABRAMSON pro hac vice
PETER R. KAHANA pro hac vice
Attorneys for Plaintiffs Shasta Linen Supply, Inc.,
Pet Food Express Ltd., a California corporation, and
Alpha Polishing, Inc. d/b/a General Plating Co.
Dated: May 14, 2019. FARMER SMITH & LANE, LLP
By: /s/Craig E. Farmer
CRAIG E. FARMER
Attorneys for Plaintiffs Shasta Linen Supply, Inc.,
Pet Food Express Ltd., a California corporation, and
Alpha Polishing, Inc. d/b/a General Plating Co.
Dated: May 14, 2019 LAW OFFICES OF JOHN DOUGLAS MOORE
By: /s/John Douglas Moore
JOHN DOUGLAS MOORE
Attorneys for Plaintiffs Shasta Linen Supply, Inc.,
Pet Food Express Ltd., a California corporation, and
Alpha Polishing, Inc. d/b/a General Plating Co.
Dated: May 14, 2019 DLA PIPER LLP (US)
By: /s/Shand S. Stephens
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.
SIGNATURE ATTESTATION
I, Glen Abramson, 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/Glen L. Abramson
ORDER
Pursuant to stipulation, and good cause appearing, the Court hereby orders:
(1) The time to make expert disclosures and exchange expert reports is extended to June 10, 2019;
(2) The time to make rebuttal expert disclosures and exchange rebuttal expert reports is extended to June 24, 2019;
(3) The time to serve written discovery requests to experts is extended to July 26, 2019;
(4) The time to serve written responses and documents responsive to expert discovery requests shall be within fourteen (14) days from the date of service of the requests;
(5) The date for the close of expert discovery is modified to July 12, 2019;
(6) The deadline for filing and service of dispositive motions is July 12, 2019;
(7) The deadline for filing and service of oppositions to dispositive motions is August 12, 2019;
(8) The deadline for filing and service of replies in support of dispositive motions is August 26, 2019;
(9) The hearing on dispositive motions shall be September 9, 2019 at 1:30 p.m.
(10) The date for the pretrial conference is modified to September 30, 2019 at 1:30 p.m.
The trial date shall remain November 13, 2019.
(11) The time for the parties to complete the Court's Voluntary Dispute Resolution Program ("VDRP") is extended to July 10, 2019.
IT IS SO ORDERED.
