US Equal Employment Opportunity Commission v. Hospital Housekeeping Systems of Houston, Inc.

Filing 24

ORDER to extend discovery and dispositive motion deadlines. The parties are ordered to complete all non-expert discovery on or before 3/25/2013. The parties are ordered to file dispositive motions on or before 3/11/2013. Such dispositive motions sh all be heard on 4/11/2013 at 8:30 am before United States District Judge Lawrence J. O'Neill. All other provisions of the Scheduling Conference Order shall otherwise remain in effect. Order signed by Magistrate Judge Stanley A Boone on 2/7/2013. (Hernandez, M)

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Anna Y. Park, CA SBN 164242
Rumduol Vuong, CA SBN 264392
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Marcus A. Torrano, Bar No. 138874
Julie M. Capell, Bar No. 226662
FULBRIGHT & JAWORSKI L.L.P.
555 South Flower Street
Forty-First Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Hospital Housekeeping Systems, Inc., Hospital Housekeeping Systems, LLC, Hospital
Housekeeping Systems, LLC, TX

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UNITED STATES DISTRICT COURT

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EATERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,

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vs.

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HOSPITAL HOUSKEEPING SYSTEMS,
LTD., HOSPITAL HOUSEKEEPING
SYSTEMS OF HOUSTON, INC,
HOSPITAL HOUSEKEEPING SYSTEMS,
INC., HOSPITAL HOUSKEEPING
SYSTEMS, LLC, AND DOES 1-10,
INCLUSIVE,

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Defendant(s).

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Case No.: 1:11-CV-1658 LJO SAB
UPDATED STIPULATION TO EXTEND
DISCOVERY AND DISPOSITIVE
MOTION DEADLINES

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STIPULATION

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Plaintiff United States Equal Employment Opportunity Commission (“EEOC” or

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“Plaintiff”) and Defendants Hospital Housekeeping Systems Ltd., Hospital Housekeeping

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Systems of Houston, Inc., Hospital Housekeeping Systems Inc., and Hospital Housekeeping

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Systems, LLC (“Defendants”), through their respective counsel of record herein, hereby

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respectfully request a short continuance of the non-expert discovery cutoff date, deadline to file
dispositive motions, and deadline by which dispositive motions shall be heard, for all of the
following reasons:

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1. The current upcoming trial and discovery deadlines are as follows: (a) deadline for
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dispositive motions to be filed – February 11, 2013, (b) non-expert discovery cutoff
date – March 1, 2013, (c) expert designation and report deadline – March 21, 2013, (d)
deadline for dispositive motions to be heard – March 28, 2013, (d) rebuttal expert

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witness designation and report deadline – April 21, 2013, (e) pretrial conference – May

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21, 2013, and (f) trial – July 9, 2013.

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2. The parties have dutifully engaged in factual discovery during the pendency of this

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litigation, including exchanging initial disclosures, preparing and responding to three sets

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of written discovery requests, and taking the principal factual witness depositions. The

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last deposition was taken on January 10, 2013 in Los Angeles by Plaintiff’s counsel. The

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deponent, William Crowell, was the manager who terminated Charging Party Angelica

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Jaime-Cece. Mr. Crowell agreed to travel to Los Angeles from Mississippi, where he

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currently resides, for his deposition. Due to work constraints, Mr. Crowell’s pre-paid

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vacation in November 2012, and the availability of counsel, his deposition was not able

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to be scheduled until January 10, 2013.

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3. Since Mr. Crowell’s deposition, which signaled the end of principal factual discovery in

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this case, counsel for the parties have been engaged in active settlement discussions and

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last met on Monday, February 4, 2013 in Los Angeles to discuss settlement.

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4. Counsel for the parties made great headway during the settlement meeting and agree that

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there is a good chance the case will settle. However, the parties anticipate that it will take

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at least two weeks to confirm and evaluate whether an agreement may be reached on the

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monetary and injunctive relief.

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5. In the meantime, if the parties are unable to settle the case, Defendants plan to file a

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motion for summary judgment and the deadline by which they must file their motion for

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summary judgment is Monday, February 11, 2013.

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6. Because the parties are close to settling this case, and because Defendants’ ability to

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settle the case will be hampered if they are forced to spend money preparing and filing a

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motion for summary judgment – money that could be applied towards settlement - the

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parties respectfully request that the deadline to file dispositive motions be extended to

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March 11, 2013, and the deadline by which dispositive motions shall be heard be

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extended to April 25, 2013. These dates will not interfere with the Court’s pretrial

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conference date (May 21, 2013) or the trial date (July 9, 2013).

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7. The parties further request that the non-expert discovery cutoff be extended by 28 days to

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March 28, 2013 so that the parties can concentrate on settlement discussions, and avoid

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the expense of completing the last round of written discovery and two remaining factual

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depositions if a settlement can be reached.

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8.

The parties have only submitted one previous request to extend the deadlines in this case

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and the request related to non-expert discovery and the expert designation deadlines. The

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request did not request extending the dispositive motion deadline.

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9. Counsel for the parties are willing to engage in a telephone conference with the Court

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should further information be required or requested.

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WHEREFORE, Plaintiff and Defendants request a continuance of the non-expert

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discovery cutoff date to March 28, 2013, a continuance of the deadline to file dispositive motions

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to March 11, 2013, and a continuance of the deadline by which dispositive motions shall be

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heard to April 25, 2013.

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IT IS SO STIPULATED.
U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION

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Date: February 6, 2013

By:

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/s/ Rumie Vuong
Rumie Vuong
Attorney for Plaintiff U.S. EQUAL
EMPLOYMENT OPPORTUNITY
COMMISSION

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FULBRIGHT & JAWORSKI L.L.P.

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Date: February 6, 2013

By:

/s/ Julie Capell
Julie M. Capell
Attorney for Defendant Hospital Housekeeping
Systems Ltd., Hospital Housekeeping Systems of
Houston, Inc., Hospital Housekeeping Systems Inc.,
and Hospital Housekeeping Systems, LLC

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ORDER

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For good cause shown, the stipulation to extend discovery deadlines is hereby approved

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and the new deadlines for discovery as set forth in the Scheduling Order shall be amended as

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follows:
The parties are ordered to complete all non-expert discovery on or before March 25,

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2013.

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The parties are ordered to file dispositive motions on or before March 11, 2013. Such

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dispositive motions shall be heard on April 11, 2013 at 8:30 a.m. before United States District

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Judge Lawrence J. O’Neill.
All other provisions of the Scheduling Conference Order shall otherwise remain in effect.

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IT IS SO ORDERED.
Dated:

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February 7, 2013

/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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