Carlin et al v. DairyAmerica, Inc. et al

Filing 549

STIPULATION AND ORDER modifying the scheduling order, document 547 , as follows: 1) The deadline for the parties to complete document productions shall be extended to May 1, 2018; and 2) The deadline for DairyAmerica to file a Request for Reconsideration by the District Court of the Magistrate Judge's Ruling Granting Plaintiffs' Motion to Compel shall be extended to May 1, 2018. Order signed by Magistrate Judge Erica P. Grosjean on 4/10/20178. (Rooney, M)

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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]

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Counsel for Plaintiffs and the Proposed Class
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[Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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GERALD CARLIN, JOHN RAHM, PAUL
ROZWADOWSKI and DIANA WOLFE,
individually and on behalf of themselves and
all others similarly situated,
Plaintiffs,

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v.

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DAIRYAMERICA, INC., and
CALIFORNIA DAIRIES, INC.,

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Defendants.
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Case No. 1:09 CV 00430-AWI (EPG)
CLASS ACTION
STIPULATION AND ORDER TO
FURTHER MODIFY SCHEDULING
ORDER (ECF No. 547)

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Pursuant to the parties' agreement, the parties hereby stipulate, and seek the Court's
approval to modify the current scheduling order in two limited respects, as follows:
WHEREAS, as previously advised, the parties engaged in a further mediation with
Robert A. Meyer at JAMS on February 5, 2018;
WHEREAS, the parties continue to diligently and in good faith discuss a potential
settlement of this case;
WHEREAS, on February 27, 2018, the Court approved the parties' request to stay the

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litigation for 45 days and modify the scheduling order in order to allow them to fully focus their

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efforts on the potential settlement of this case and avoid the substantial expense of potentially

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unnecessary discovery and motion practice (ECF No. 547);
WHEREAS, Plaintiffs have since made a settlement demand to Defendants, and the

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parties have agreed, pursuant to Mr. Meyer’s advice and suggestion, to set April 24, 2018 as the

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deadline for Defendants to respond to that demand so as to provide sufficient time for the two

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Defendants, their respective Boards of Directors, and the implicated insurers and their counsel, to

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conduct the necessary reviews and approval processes, if and as needed, in order to fully respond

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to the demand;

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WHEREAS, the parties have agreed, and request the Court's approval, to modify the case

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schedule solely to extend the interim April 12, 2018 deadlines for 1) completion of document

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productions; and 2) DairyAmerica to file a Request for Reconsideration by the District Court of

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the Magistrate Judge's Ruling Granting Plaintiffs' Motion to Compel. Those two deadlines

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would be extended to May 1, 2018 (ECF No. 542). The parties are sensitive to the Court’s

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previous instruction that it was not inclined to move the schedule in this case and therefore wish

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to emphasize that all of the other existing deadlines in the case would remain unchanged;

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WHEREAS, as a further showing of good faith and diligence, the parties agree, in the

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event that the case does not settle, to schedule 8 – 10 depositions in the month of May, 2018;

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WHEREAS, the parties believe and agree that the interests of efficiency, economy, and
expediency would be best served by modifying the case schedule in two limited respects, as

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requested herein;

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NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

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1.

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to May 1, 2018.

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2.

The deadline for the parties to complete document productions shall be extended

The deadline for DairyAmerica to file a Request for Reconsideration by the

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District Court of the Magistrate Judge's Ruling Granting Plaintiffs' Motion to Compel shall be

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extended to May 1, 2018.

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DATED: April 9, 2018

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Respectfully submitted,
BERMAN TABACCO

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By: /s/ A. Chowning Poppler______________
A. Chowning Poppler (SBN 272870)

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Joseph J. Tabacco, Jr. (SBN 75484)
Christopher T. Heffelfinger (SBN 118058)
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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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]

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George F. Farah
COHEN MILSTEIN SELLERS
& TOLL, PLLC
88 Pine Street
14th Floor
New York, NY 10005
Telephone: [phone]

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Facsimile: [phone]
Email: [e-mail]

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Lynn L. Sarko
Mark A. Griffin
Cari Campen Laufenberg
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]

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Ron Kilgard
KELLER ROHRBACK L.L.P.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: [phone]
Facsimile: (602)-248-2822
Email: [e-mail]

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Counsel for Plaintiffs and the Proposed Class
Dated: April 9, 2018

DAVIS WRIGHT TREMAINE LLP

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By: ___/s/ Allison A. Davis_______________________
Allison A. Davis (SBN 139203)
Sanjay M. Nangia (SBN 264986)
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Charles M. English, Jr. (Pro Hac Vice)
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Avenue, N.S., Suite 800
Washington, D.C. 20006-3401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Joseph M. Marchini
BAKER MANOCK & JENSEN, PC
5260 North Palm Avenue,
Fourth Floor
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Defendant DairyAmerica, Inc.

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Dated: April 9, 2018

HANSON BRIDGETT LLP
By: __/s/ Megan Oliver Thompson_____________
Megan Oliver Thompson (SBN 256654)
Lawrence M. Cirelli (SBN 114710)
Shannon M. Nessier (SBN 267644)
425 Market Street, Suite 2600
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Counsel for Defendant California Dairies, Inc.

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ORDER
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Pursuant to the parties’ stipulation, it is hereby ORDERED that:
1.

The deadline for the parties to complete document productions shall be extended

to May 1, 2018.
2.

The deadline for DairyAmerica to file a Request for Reconsideration by the

District Court of the Magistrate Judge's Ruling Granting Plaintiffs' Motion to Compel shall be
extended to May 1, 2018.
IT IS SO ORDERED.

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Dated:

April 10, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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