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Bautista v. Valero Energy Corporation, 3:15-CV-05557-RS. (2018)

Court: District Court, N.D. California Number: infdco20180117801 Visitors: 11
Filed: Jan. 16, 2018
Latest Update: Jan. 16, 2018
Summary: ORDER STIPULATED REQUEST FOR ORDER CHANGING CERTAIN DEADLINES IN THE COURT'S FURTHER CASE MANAGEMENT SCHEDULING ORDER Accompanying Documents: 1. Declaration of Christopher C. Gold RICHARD SEEBORG , District Judge . Pursuant to L.R. 6-2, Plaintiff Faith Bautista ("Plaintiff") and Defendant Valero Marketing and Fuel Supply ("Valero") respectfully submit this stipulated request for an Order changing certain deadlines in the Court's Further Case Management Scheduling Order (ECF No. 128, the "
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ORDER STIPULATED REQUEST FOR ORDER CHANGING CERTAIN DEADLINES IN THE COURT'S FURTHER CASE MANAGEMENT SCHEDULING ORDER

Accompanying Documents:

1. Declaration of Christopher C. Gold

Pursuant to L.R. 6-2, Plaintiff Faith Bautista ("Plaintiff") and Defendant Valero Marketing and Fuel Supply ("Valero") respectfully submit this stipulated request for an Order changing certain deadlines in the Court's Further Case Management Scheduling Order (ECF No. 128, the "Order").

During the Case Management Conference on November 9, 2017, the Court urged the parties to make an attempt at alternative dispute resolution well before the August 4, 2018 deadline set in the Order. The parties thereafter began mediation discussions, and, on December 4, 2017, the parties filed a supplemental case management report, ECF No. 129, to advise the Court that, in light of the ongoing mediation discussions, the parties intended to hold class notice in abeyance pending mediation (although the Order did not set a class notice deadline).

The parties ultimately scheduled private mediation to be held on February 28, 2018. If the mediation is successful in resolving this case, it will become unnecessary for the parties to conduct expert discovery, as provided in the Order. To meet the current expert witness deadlines in the Order, however, the parties would have to begin expending resources on expert discovery immediately. Thus, in order to conserve the resources of the parties and the certified Class, the parties respectfully request that the expert witness deadlines in the Order be changed as follows:

• On or before May 22, 2018, parties will designate experts in accordance with Federal Rule of Civil Procedure 26(a)(2). • On or before June 22, 2018, parties will designate their supplemental and rebuttal experts in accordance with Federal Rule of Civil Procedure 26(a)(2). • On or before July 30, 2018, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed.

Because the aforementioned modifications could impact any pretrial motions that may be filed if mediation is unsuccessful, the parties further respectfully request that the last day for hearing on pretrial motions in the Order be changed from June 14, 2018 to August 16, 2018 (provided that the parties remain free to bring motions for hearing sooner than August 16, 2018).

The parties do not believe that the requested modifications will affect the other dates set in the Order.

SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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