U.S. Equal Employment Opportunity Commission v. Timeless Investments, Inc. et al

Filing 25

STIPULATION to Continue the Discovery Cut-Off and Subsequent Pretrial and Trial Dates; and ORDER - Non-expert Discovery by 2/26/2010. Expert Disclosure by 3/5/2010. Supplemental Expert Disclosure by 3/19/2010. Expert Discovery Cut-Off by 4/9/2010. Dispositive Motions by 4/23/2010. Non-Dispositive Motions by 4/23/2010. JURY TRIAL set for 10/5/2010 (was 3/23/2010) at 08:30 AM and PRETRIAL CONFERENCE set for 7/27/2010 (was 2/2/2010) at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. signed by Judge Sandra M. Snyder on 10/7/2009. (Herman, H)

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1 2 3 4 5 6 7 Anna Y. Park, SBN 164242 Lorena Garcia-Bautista, SBN 234091 Amrita Mallik, SBN 249152 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 255 East Temple Street, Fourth Floor Los Angeles, CA 90012 Telephone: (213) 894-1108 Facsimile: (213) 894-1301 E-Mail: lado.legal@eeoc.gov lorena.garcia@eeoc.gov Attorneys for Plaintiff U.S. EQUAL EMPLOYMENT 8 OPPORTUNITY COMMISSION H. Ty Kharazi, SBN 187894 Yarra, Kharazi, & Associates 10 1250 Fulton Mall, Suite 202 Fresno, CA 93721 11 Telephone: (559) 441-1214 Facsimile: (559) 441-1215 12 13 14 15 16 17 9 Attorneys for Defendant Timeless Investments, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff, ) ) ) v. ) ) TIMELESS INVESTMENTS, INC. dba ) ) EZ TRIP GOLDEN STATE SHELL, ) ) DOES 1 -10, inclusive, ) ) Defendant. ) ) ) ) Case No.: 1:08-CV-01469 AWI (SMS) STIPULATION TO CONTINUE THE DISCOVERY CUT-OFF AND SUBSEQUENT PRETRIAL AND TRIAL DATES; AND ORDER Hon. Sandra M. Snyder U.S. Magistrate Judge Upcoming Pretrial Dates Discovery Cut-Off: October 23, 2009 Pre-Trial Conference: February 2, 2010 Trial: March 23, 2010 U.S. EQUAL EMPLOYMENT 18 OPPORTUNITY COMMISSION, 19 20 21 22 23 24 25 26 27 28 1:08-CV-01469 AWI (SMS)- Stipulation to Continue the Discovery Cut-Off and Subsequent Pretrial and Trial Dates -1- PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE SANDRA M. SNYDER: Counsel for Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC") and Defendant Timeless Investments, Inc. dba EZ Trip Golden State Shell ("Defendant"), by and through their undersigned counsel, request that this Court continue the discovery cut-off and subsequent pretrial and trial dates for 120 days, or to dates thereafter that are convenient for this Court. On September 29, 2008, the EEOC filed the instant action alleging that Defendant discriminated against Charging Parties and similarly situated individuals based on their age (40 and over) by failing and/or refusing to hire them. in violation of Section 4 of the ADEA. The current discovery cut-off is October 23, 2009. Good cause exists to continue the discovery cut-off and subsequent pretrial and trial dates for 120 days or to dates thereafter that are convenient for this Court so that the parties can complete necessary discovery. The EEOC has diligently engaged in the discovery process. The EEOC has propounded written discovery on Defendant and has taken four depositions. A continuance is necessary in part to complete several key depositions, including the deposition of Harry Rafaelyan, who is Defendant's former manager and the person who made the hiring decisions on behalf of Defendant. On July 8, 2009, this Court ordered defense counsel to set the deposition of Harry Rafaelyan as soon as possible. After defense counsel conferred with the deponent as to his availability, the parties set Mr. Rafaelyan's deposition for August 7, 2009 at 9:00 a.m. for a whole day. However, Mr. Rafaelyan appeared for his deposition on August 7th at approximately 11:45 a.m. and was only available until 2:00 p.m. Mr. Rafaelyan represented that he would make himself available for the continuation of his deposition in September. After confirmation of Mr. Rafaelyan's availability through defense counsel, the EEOC noticed Mr. Rafaelyan's deposition for September 19th. On September 18th, the EEOC received notice from defense 1:08-CV-01469 AWI (SMS)- Stipulation to Continue the Discovery Cut-Off and Subsequent Pretrial and Trial Dates -2- PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 counsel that Mr. Rafaelyan would not be appearing for his deposition on September 19th because he was out of state. Thus, the EEOC needs to reschedule a new date for Mr. Rafaelyan's deposition. Besides completing Mr. Rafaelyan's deposition, the EEOC still needs to take several other depositions, including but not limited to one in Arizona and another in Sacramento. To complete the above discovery, a continuance of the discovery deadline is necessary because defense counsel is not available for full day depositions until October 14, 2009 and currently has trials scheduled for April 13, April 27, May 3, May 24, and will be on vacation from June 20-July 5, 2010. The EEOC's counsel is also scheduled to start a two-three weeks trial on August 23, 2010. Thus, to accommodate the parties' schedule, the parties request for a 120 days extension of the discovery cut-off, which then requires a similar continuance of the other pretrial and trial dates. There has been no prior request for continuance of the discovery cut-off and related dates in this case. Accordingly, the parties hereby stipulate and request an Order granting a 120-days continuance of the discovery cut-off and related dates as described below or to dates thereafter that are convenient to the Court: Event Non-expert Discovery CutOff Expert Disclosure Supplemental Expert Disclosure Expert Discovery Cut-Off Non-Dispositive Filing Deadline 1:08-CV-01469 AWI (SMS)- Stipulation to Continue the Discovery Cut-Off and Subsequent Pretrial and Trial Dates Current Date October 23, 2009 October 30, 2009 November 13, 2009 December 4, 2009 Proposed Date February 26, 2010 March 5, 2010 March 19, 2010 April 9, 2010 April 23, 2010 Motion December 18, 2009 -3- PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dispositive Motion Filing December 18, 2009 Deadline Pre-Trial Conference Trial Date SO STIPULATED. February 2, 2010 March 23, 2010 April 23, 2010 July 27, 2010 October 5, 2010 Respectfully submitted, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Date: October 2, 2009 By: /s/ Lorena Garcia-Bautista Anna Y. Park Lorena Garcia-Bautista Amrita Mallik Attorneys for Plaintiff U.S. EEOC YARRA, KHARAZI, & ASSOCIATES Date: October 2, 2009 By: _____/s/ H. Ty Kharazi H. Ty Kharazi Attorney for Defendant Timeless Investments, Inc., et al. 1:08-CV-01469 AWI (SMS)- Stipulation to Continue the Discovery Cut-Off and Subsequent Pretrial and Trial Dates -4- PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1:08-CV-01469 AWI (SMS)- Stipulation to Continue the Discovery Cut-Off and Subsequent Pretrial and Trial Dates ORDER GOOD CAUSE APPEARING, IT IS ORDERED THAT the current scheduling conference order in the matter to be vacated. The New Scheduling Conference Order is as follows: Event Non-expert Discovery CutOff Expert Disclosure Supplemental Expert Disclosure Expert Discovery Cut-Off Non-Dispositive Filing Deadline Dispositive Motion Filing December 18, 2009 Deadline Pre-Trial Conference February 2, 2010 July 27, 2010 at 8:30a.m. Judge Ishii Trial Date March 23, 2010 October 5, 2010 at 8:30a.m. Judge Ishii Dated: October 7, 2009 /s/ Sandra M. Snyder Hon. Sandra M. Snyder United States Magistrate Judge Respectfully submitted, U.S. EQUAL EMPLOYMENT -5- Current Date October 23, 2009 October 30, 2009 November 13, 2009 December 4, 2009 Proposed Date February 26, 2010 March 5, 2010 March 19, 2010 April 9, 2010 April 23, 2010 April 23, 2010 Motion December 18, 2009 before before PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1:08-CV-01469 AWI (SMS)- Stipulation to Continue the Discovery Cut-Off and Subsequent Pretrial and Trial Dates OPPORTUNITY COMMISSION Date: October 5, 2009 By: /s/ Lorena Garcia-Bautista Lorena Garcia-Bautista Attorneys for Plaintiff EEOC DECLARATION OF MAILING I am and was at the time the herein mentioned mailing took place, a citizen of the United States over the age of eighteen (18) years and not a party to the above-entitled cause. I am employed in the Legal Unit of the Los Angeles District Office of the United States Equal Employment Opportunity Commission. My business address is Equal Employment Opportunity Commission, Los Angeles District Office, 255 East Temple Street, 4th Floor, Los Angeles, CA 90012. On the date that this declaration was executed, as shown below, I served the foregoing STIPULATION TO CONTINUE THE DISCOVERY CUT-OFF AND SUBSEQUENT PRETRIAL AND TRIAL DATES AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF AND SUBSEQUENT PRETRIAL AND TRIAL DATES; POS via e-mail to the following: H. Ty Kharazi, Esq. E-Mail Address: tkharazi@yahoo.com I declare under penalty of perjury that the foregoing is true and correct. Executed on October 5, 2009 at Los Angeles, California. /s/ Lorena Garcia-Bautista Lorena Garcia-Bautista -6- PDF created with pdfFactory trial version www.pdffactory.com

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