Filed: Sep. 29, 2015
Latest Update: Sep. 29, 2015
Summary: STIPULATED REQUEST AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE SUSAN ILLSTON , District Judge . The undersigned counsel, on behalf of Plaintiffs Charles Ridgeway, Jaime Famoso, Joshua Harold, Richard Byers, Dan Thatcher, Nino Pagtama, Willie Franklin, Tim Opitz, Farris Day, Karl Merhoff, and Micheal Krohn ("Plaintiffs") and Defendant Wal-Mart Stores, Inc. ("Wal-Mart," and collectively, with Plaintiffs, the "Parties"), hereby stipulate as follows: RECITALS WHEREAS the Co
Summary: STIPULATED REQUEST AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE SUSAN ILLSTON , District Judge . The undersigned counsel, on behalf of Plaintiffs Charles Ridgeway, Jaime Famoso, Joshua Harold, Richard Byers, Dan Thatcher, Nino Pagtama, Willie Franklin, Tim Opitz, Farris Day, Karl Merhoff, and Micheal Krohn ("Plaintiffs") and Defendant Wal-Mart Stores, Inc. ("Wal-Mart," and collectively, with Plaintiffs, the "Parties"), hereby stipulate as follows: RECITALS WHEREAS the Cou..
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STIPULATED REQUEST AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE
SUSAN ILLSTON, District Judge.
The undersigned counsel, on behalf of Plaintiffs Charles Ridgeway, Jaime Famoso, Joshua Harold, Richard Byers, Dan Thatcher, Nino Pagtama, Willie Franklin, Tim Opitz, Farris Day, Karl Merhoff, and Micheal Krohn ("Plaintiffs") and Defendant Wal-Mart Stores, Inc. ("Wal-Mart," and collectively, with Plaintiffs, the "Parties"), hereby stipulate as follows:
RECITALS
WHEREAS the Court has set pre-trial deadlines in its Second Pretrial Preparation Order (Dkt. No. 213) and had previously set deadlines in its Pretrial Preparation Order (Dkt. No. 174);
WHEREAS the parties have worked diligently to resolve discovery and deposition issues in the timing provided by that Order;
WHEREAS Plaintiffs' counsel are currently in the midst of a three month class action trial in another lawsuit that will affect the parties' ability to complete agreed upon discovery and depositions as scheduled, particularly given the time constraints of the coming retail blackout holiday period where many Wal-Mart employees will be unavailable because of business constraints; and
WHEREAS the parties believe they have identified the remaining discovery to be completed and believe the new deadlines will allow an orderly completion of the same.
STIPULATION
Accordingly, the parties now jointly stipulate and respectfully request that this Court order the following changes to the existing schedule:
Event Current Date Proposed New Date
Expert Designation October 19, 2015 June 17, 2016 4/29/16
Expert Rebuttal October 28, 2015 July 18, 2016 5/20/16
Dispositive Motions (*see below) January 15, 2016 On or before July 15, 2016 7/1/16
Oppositions to Dispositive Motions January 29, 2016 Three weeks to oppose 7/15/16
Replies In Support of Motions February 5, 2016 Two weeks to reply 7/22/16
Discovery Cutoff (Expert and Non-Expert) December 3, 2015 August 19, 2016 6/30/15
Pretrial Conference April 12, 2016 September 2, 2016 9/6/15
Trial April 25, 2016 September 16, 2016 9/19/16
* DISPOSITIVE MOTION HEARING: 8/5/16 @ 9 a.m.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Pursuant to the above stipulation, the Stipulation and Order regarding the case management schedule is approved.
DECLARATION OF DANIEL M. KOPFMAN IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE
I, Daniel M. Kofman, declare and state as follows:
1. I am a partner in the law firm of Wagner, Jones, Kopfman, & Artenian LLP. I am counsel of record for Plaintiffs in this action. I submit this Declaration in support of the parties' joint Stipulated Request and [Proposed] Order Modifying Case Management Schedule. I have personal knowledge of the facts set forth below.
2. The parties had previously sought an extension of the deadlines entered in the Court's Pretrial Preparation Order (Dkt. No. 174). The Court then entered its Second Pretrial Preparation Order (Dkt. No. 213).
3. The parties have worked diligently to resolve discovery and depositions issues. The parties have engaged in substantial written discovery and are in the process of scheduling depositions.
4. My firm is lead counsel in the trial of Cortina et al. v. North American Title Company and North American Services LLC, Case No. 07 CE CG 01169 JH, a class action in Fresno County Superior Court, which began on September 21, 2015, and is anticipated to last approximately three months. The demands of trial on my firm's resources and personnel will affect the parties' ability to complete agreed upon discovery and depositions as scheduled.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
I, Jesse A. Cripps, declare and state as follows:
1. I am a partner in the law firm of Gibson, Dunn & Crutcher. I am counsel of record for Defendant Wal-Mart Stores, Inc. ("Wal-Mart") in this action. I submit this Declaration in support of the parties' joint Stipulated Request and [Proposed] Order Modifying Case Management Schedule. I have personal knowledge of the facts set forth below.
2. The parties' ability to complete agreed upon discovery and depositions as scheduled is affected given the time constraints of the coming retail blackout holiday period where many Wal-Mart employees will be unavailable because of business constraints.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
