Carlin et al v. DairyAmerica, Inc. et al

Filing 212

SECOND STIPULATION and ORDER to Amend the Scheduling Order, signed by Magistrate Judge Gary S. Austin on 5/26/2015. (Kusamura, W)

BENJAMIN D. BROWN (SBN 202545)
[e-mail]
COHEN MILSTEIN SELLERS & TOLL, PLLC
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiffs and the Proposed Class
[Additional counsel listed on signature page]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
GERALD CARLIN, JOHN RAHM, PAUL
ROZWADOWSKI and DIANA WOLFE,
individually and on behalf of themselves and
all others similarly situated,
Plaintiffs,

Case No. 1:09 CV 00430-AWI GSA
CLASS ACTION
SECOND STIPULATION TO AMEND
THE SCHEDULING ORDER; ORDER
THEREON

v.
DAIRYAMERICA, INC. and
CALIFORNIA DAIRIES, INC.,
Defendants.

Effective this 22nd day of May 2015, the parties recite and stipulate as follows:
RECITALS
WHEREAS, on April 6, 2015, the Honorable Magistrate Judge Gary S. Austin approved
the parties’ joint scheduling statement [#208], and adopted the dates set forth in the joint
scheduling statement with modifications by ordering class certification discovery (including the
filing of any motions to compel) to be completed by July 20, 2015 and setting October 5, 2015
as the last day for Plaintiffs to file their motion for class certification, with Defendant to file its
opposition no later than December 18, 2015, with Plaintiffs to file any reply brief no later than

[No. 1:09 CV 00430-AWI-GA] SECOND STIP TO AMEND THE SCHEDULING ORDER

1

January 11, 2016, and with a hearing on Plaintiffs’ motion for class certification to be heard on
February 26, 2015.
WHEREAS, class certification discovery is presently scheduled to be completed by July
20, 2015, but issues involved the scheduling of depositions have arisen and caused delays that
necessitate the parties seeking a brief additional three (3) week extension to complete class
certification discovery.
WHEREAS, subject to Court approval, the parties have agreed to extend the deadline for
the close of class certification discovery to August 14, 2015. This extension on the completion
of class certification discovery does not impact any of the other scheduled class certification
dates ordered by Judge Austin on April 6, 2015.
WHEREAS, this is the second stipulation seeking a modification to the class
certification schedule.
STIPULATION
Now, therefore, the parties hereto do jointly stipulate as follows:
1.

Subject to court approval, the currently scheduled date of July 20, 2015 for the

completion of class certification discovery in the above-captioned matter is modified and
extended, such that the new date to complete class certification discovery is August 14, 2015
2.

Nothing in this Stipulation is intended to alter any of the other scheduled dates in

this case.
DATED: May 22, 2015

Respectfully submitted,
BERMAN DeVALERIO
By:

/s/ Christopher Heffelfinger
Christopher T. Heffelfinger (SBN 118058)

Joseph J. Tabacco, Jr. (SBN 75484)
Christopher T. Heffelfinger (SBN 118058)
A. Chowning Poppler (SBN 272870)
One California Street, Suite 900
San Francisco, CA 94104
Telephone: [phone]

Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Benjamin D. Brown (SBN 202545)
COHEN MILSTEIN SELLERS
& TOLL, PLLC
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
George F. Farah
COHEN MILSTEIN SELLERS
& TOLL, PLLC
88 Pine Street
14th Floor
New York, NY 10005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Lynn L. Sarko
Mark A. Griffin
Juli E. Farris
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: [phone]
Facsimile: (206)-623-3384
Email: [e-mail]
[e-mail]
[e-mail]
Ron Kilgard
KELLER ROHRBACK P.L.C.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: [phone]
Facsimile: (602)-248-2822
Email: [e-mail]
Counsel for Plaintiffs and the Proposed Class

Dated: May 22, 2015

DAVIS WRIGHT TREMAINE LLP
By:

/s/ Allison A. Davis
Allison A. Davis (SBN 139203)

Sanjay M. Nangia (# 264986)
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Charles M. English, Jr.
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue, N.S., Suite 800
Washington, D.C. 20006-3401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Joseph M. Marchini
BAKER MANOCK & JENSEN, PC
5260 North Palm Avenue,
Fourth Floor
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Defendant DairyAmerica, Inc.

IT IS SO ORDERED.
Dated:

May 26, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE