Isidro Rodriguez, Et Al. Five J's Trucking, Inc., Et Al.

Filing 26

STIPULATION to Amend Preliminary Scheduling and Discovery Order; ORDER signed by District Judge Lawrence J. O'Neill on 2/8/2008. (Esteves, C)

Isidro Rodriguez, Et Al. Five J's Trucking, Inc., Et Al.

Doc. 26

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Jerry N. Budin State Bar #88539 Law Office of Jerry Budin 2401 E. Orangeburg Ave., Ste. 675-309 Modesto, California 95355 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs, ISIDRO RODRIGUEZ, et al. Keric J. Cushing, Esq. GIANELLI & ASSOCIATES P.O. Box 3212 Modesto, CA 95353 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, FIVE J'S TRUCKING, INC., et al.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (Fresno Division)

ISIDRO RODRIGUEZ, et al.,

) ) Plaintiffs, ) ) vs. ) ) FIVE J'S TRUCKING, INC., et al., ) ) Defendants. ) __)

CASE NO. CV-F-07-0671 LJO SMS STIPULATION TO AMEND PRELIMINARY SCHEDULING AND DISCOVERY ORDER; ORDER

It is hereby stipulated by and between the parties, through their respective attorneys, as follows: 1. Plaintiffs propounded written discovery to defendants on Thereafter, defendants sought and were granted Defendants still

August 31, 2007.

several extensions to respond to the discovery. need additional time to respond to the discovery.
STIPULATION TO AMEND PRELIMINARY SCHEDULING AND DISCOVERY ORDER; [PROPOSED] ORDER

CASE NO. CV-F-07-0671 LJO SMS

Dockets.Justia.com

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2.

Given that the discovery deadline is February 1, 2008,

plaintiffs will not be able to complete their discovery which will include depositions of defendants and their employees and review of extensive business records. 3. The parties have also concluded that it would be more

fruitful at this time to explore settlement rather than to expend further resources on continued litigation. 4. Therefore, to allow the parties to engage in good faith

settlement discussions and to allow plaintiffs to complete their discovery should settlement not occur, the parties request that this court amend its Preliminary Scheduling Order (Doc. 19) to extend the deadlines as follows: a. b. Cutoff to complete discovery certification - May 2, 2008. Deadline to file and motion - May 16, 2008. serve class re: class

certification

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Deadline to file and serve opposition papers - June 6, 2008. Deadline to file and serve reply papers - June 13, 2008. Hearing on class certification motion - June 20, 2008 at 8:30 a.m. LAW OFFICE OF JERRY BUDIN /s/ Jerry Budin ______________________________ JERRY BUDIN Attorney for Plaintiffs, ISIDRO RODRIGUEZ, et al.

Dated: January 29, 2008

Dated: January 29, 2008

GIANELLI & ASSOCIATES /s/ Keric J. Cushing _____________________________ KERIC J. CUSHING Attorney for Defendants, FIVE J'S TRUCKING, INC., et al.

STIPULATION TO AMEND PRELIMINARY SCHEDULING AND DISCOVERY ORDER; [PROPOSED] ORDER

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CASE NO. CV-F-07-0671 LJO SMS

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STIPULATION TO AMEND PRELIMINARY SCHEDULING AND DISCOVERY ORDER; [PROPOSED] ORDER

ORDER GOOD CAUSE APPEARING from the above stipulation, it is ordered as follows: 1. The deadlines in the Preliminary Scheduling Order are

extended as follows: a. Cutoff to complete discovery re: class

certification - May 2, 2008. b. Deadline to file and serve class certification

motion - May 16, 2008. c. Deadline to file and serve opposition papers - June 6, 2008. d. Deadline to file and serve reply papers - June 13, 2008. e. Hearing on class certification motion - June 20, 2008 at 8:30 a.m. 2. In all other respects, the Preliminary Scheduling Order

remains in effect. IT IS SO ORDERED. Dated: b9ed48 February 8, 2008 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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CASE NO. CV-F-07-0671 LJO SMS