Carlin et al v. DairyAmerica, Inc. et al

Filing 526

STIPULATION and ORDER GRANTING the parties' request for an extension of discovery deadlines as follows: 1) The deadline for the filing of motions to compel and objections to proposed deponents is extended to January 16, 2018; 2) The deadline for the filing of responses to motions to compel and objections to proposed deponents to is extended to January 22, 2018; and 3) The hearing on motions to compel and objections to proposed deponents (currently set for January 18, 2018) is continued to J anuary 26, 2018, at 10:00 a.m. in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each party wishing to so appear directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. Order signed by Magistrate Judge Erica P. Grosjean on 1/9/2018. (Rooney, M)

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1 2 3 4 BENJAMIN D. BROWN (SBN 202545) bbrown@cohenmilstein.com COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Avenue, N.W. Suite 500, West Tower Washington, D.C. 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 5 Counsel for Plaintiffs and the Proposed Class 6 [Additional counsel listed on signature page] 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 11 12 13 GERALD CARLIN, JOHN RAHM, PAUL ROZWADOWSKI and DIANA WOLFE, individually and on behalf of themselves and all others similarly situated, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs, v. DAIRYAMERICA, INC. and CALIFORNIA DAIRIES, INC., Defendants. Case No. 1:09 CV 00430-AWI-EPG STIPULATION AND ORDER REGARDING DISCOVERY DEADLINES 1 WHEREAS, on September 29, 2017 the Court entered an Amended Scheduling Order 2 (Doc. No. 494), which set a January 8, 2018 deadline for the filing of motions to compel and 3 objections to proposed deponents, a January 12, 2018 deadline for the filing of responses to 4 motions to compel and to objections to proposed deponents, and a hearing on motions to compel 5 on January 18, 2018 at 2:00 p.m. 6 WHEREAS, the parties are in the process of meeting and conferring regarding 7 outstanding discovery disputes, and hope to resolve those discovery disputes without filing 8 motions to compel, and the parties believe that extending the current deadlines by approximately 9 one week would facilitate those ongoing meet and confers and substantially increase the 10 11 12 likelihood of resolving outstanding discovery disputes without filing motions to compel. WHEREAS, the parties have agreed to limit the scope of any motions to compel to issues that have already been raised between the parties to date. 13 WHEREAS, the parties request the extension in the interest of judicial economy and in an 14 attempt to resolve discovery disputes between the parties without filing motions to compel, and 15 not for the purposes of undue delay. 16 IT IS STIPULATED, subject to Court approval, that (a) the deadline for the filing of 17 motions to compel and objections to proposed deponents is extended to January 16, 2018, (b) the 18 deadline for the filing of responses to motions to compel and objections to proposed deponents to 19 is extended to January 22, 2018, and (c) the hearing on motions to compel and objections to 20 proposed deponents is set for either January 26, 2018 at 10:00 a.m. or a later date and time that is 21 convenient for the Court. 22 DATED: January 9, 2018 23 DAVIS WRIGHT TREMAINE LLP BERMAN TABACCO 24 By: /s/ Sanjay M. Nangia (as authorized on Jan. 8, 2018) Sanjay M. Nangia By: 25 26 27 28 Allison A. Davis (State Bar No. 139203) Sanjay M. Nangia (State Bar No. 264986) Joy G. Kim (State Bar No. 294841) 505 Montgomery Street, Suite 800 Respectfully submitted, /s/ A. Chowning Poppler A. Chowning Poppler Joseph J. Tabacco, Jr. (SBN 75484) Christopher T. Heffelfinger (SBN 118058) A. Chowning Poppler (SBN 272870) 44 Montgomery Street, Suite 650 San Francisco, CA 94104 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 San Francisco, California 94111 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 Email: allisondavis@dwt.com; sanjaynangia@dwt.com; joykim@dwt.com Telephone: (415) 433-3200 Facsimile: (415) 433-6382 Email: jtabacco@bermantabacco.com cheffelfinger@bermantabacco.com cpoppler@bermantabacco.com Charles M. English, pro hac vice John D. Seiver, pro hac vice DAVIS WRIGHT TREMAINE LLP 1919 Pennsylvania Avenue, N.W., Suite 800 Washington, D.C. 20006-3402 Telephone: (202) 973-4200 Facsimile: (202) 973-4499 Email: chipenglish@dwt.com; johnseiver@dwt.com Lynn L. Sarko, Admitted Pro Hac Vice Mark A. Griffin, Admitted Pro Hac Vice Cari C. Laufenberg, Admitted Pro Hac Vice KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 Telephone: (206)-623-1900 Facsimile: (206)-623-3384 Email: lsarko@kellerrohrback.com mgriffin@kellerrohrback.com claufenberg@kellerrohrback.com Attorneys for Defendant DairyAmerica, Inc. HANSON BRIDGETT LLP By: /s/ Megan Oliver Thompson (as authorized on Jan. 8, 2018) Megan Oliver Thompson Lawrence M. Cirelli (SBN 114710) Megan Oliver Thompson (SBN 256654) Shannon M. Nessier (SBN 267644) Attorneys for Defendant California Dairies, Inc. Ron Kilgard, Admitted Pro Hac Vice KELLER ROHRBACK L.L.P. 3101 North Central Avenue, Suite 1400 Phoenix, AZ 85012 Telephone: (602)-248-0088 Facsimile: (602)-248-2822 Email: rkilgard@kellerrohrback.com Benjamin D. Brown (SBN 202545) COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Avenue, N.W., Suite 500 Washington, DC 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 Email: bbrown@cohenmilstein.com George F. Farah, Admitted Pro Hac Vice COHEN MILSTEIN SELLERS & TOLL, PLLC 88 Pine Street, 14th Floor New York, NY 10005 Telephone: (212) 838-7797 Facsimile: (212) 838-7745 Email: gfarah@cohenmilstein.com 26 Leslie M. Kroeger, Admitted Pro Hac Vice COHEN MILSTEIN SELLERS & TOLL, PLLC 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Telephone: (561) 515-1400 Facsimile: (561) 515-1401 Email: lkroeger@cohenmilstein.com 27 Counsel for Plaintiffs and the Proposed Class 23 24 25 28 2 1 ORDER 2 Pursuant to the parties’ stipulation, the deadline for the filing of motions to compel and 3 objections to proposed deponents is extended to January 16, 2018, the deadline for the filing of 4 responses to motions to compel and objections to proposed deponents to is extended to January 5 22, 2018, and the hearing on motions to compel and objections to proposed deponents (currently 6 set for January 18, 2018) is continued to January 26, 2018 at 10:00 a.m. in Courtroom 10 (EPG) 7 before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each 8 party wishing to so appear directed to use the following dial-in number and passcode: 1-888-251- 9 2909; passcode 1024453. 10 11 12 13 IT IS SO ORDERED. Dated: January 9, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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