U.S. Equal Employment Opportunity Commission v. Farmers Insurance Exchange

Filing 59

FOURTH JOINT STIPULATION and ORDER to EXTEND Discovery and Trial Deadlines. Non-Expert Discovery Deadline: 6/17/2016. Expert Disclosures: 6/29/2016. Rebuttal-Supplemental Expert Disclosures: 7/8/2016. Expert Discovery Deadline: 7/ 22/2016. Non-Dispositive Motion Filing Deadline: 7/27/2016. Non-Dispositive Motion Hearing Deadline: 8/24/2016. Dispositive Motion (MSJ) Filing Deadline: 8/1/2016. Dispositive Motion (MSJ) Hearing Deadline: 9/6/2016. Pretrial Conference set for 10/20/2016, at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. The trial remains set for 12/6/2016, at 8:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 2/23/2016. (Timken, A)

1 Anna Y. Park, SBN 164242
Sue Noh, SBN 192134
2 Rumduol Vuong, SBN 264392
Jennifer L. Boulton, SBN 259076
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U.S. EQUAL EMPLOYMENT
4 OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
5 Los Angeles, CA 90012
Telephone: [phone]
6 Facsimile: [phone]
Attorneys for Plaintiff U.S. EEOC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

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Plaintiff,
v.
FARMERS INSURANCE EXCHANGE,
AND DOES 1-10, INCLUSIVE,

Case No.: 1:13-CV-01574 AWI SKO
FOURTH JOINT STIPULATION AND
ORDER TO EXTEND DISCOVERY AND
TRIAL DEADLINES
Action Filed: September 30, 2013
Trial Date: December 6, 2016

Defendant(s).
_____________________________________/

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

20 “Plaintiff”) and Defendant Farmers Insurance Exchange (“Farmers” or “Defendant”), through
21 their respective counsel of record, hereby respectfully request a continuance of the Scheduling
22 Order and accompanying deadlines.
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On September 30, 2013, the EEOC filed the instant action pursuant to Title VII of the Civil

24 Rights Act of 1964 and Title I of the Civil Rights Act of 1991. Defendant filed a motion to
25 dismiss the action on January 28, 2014, EEOC filed an opposition on February 24, 2014, and
26 Defendant filed a reply on March 3, 2014. On March 4, 2014, the Court took the matter under
27 submission.

The Court issued a ruling on the matter on May 30, 2014, denying Defendant’s

28 motion to dismiss.

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Defendant filed an Answer to the Complaint on June 13, 2014, and an initial scheduling

2 order was issued by the Court in this matter on July 11, 2014.
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Since that time, the parties have submitted three stipulations to extend time with the most

4 recent occurring on October 15, 2015. During this time, the parties have only sought the court’s
5 assistance with one discovery dispute (regarding a protective order). The parties have devoted
6 extensive efforts to resolving this matter. Since the October 15, 2015 joint stipulation, the parties
7 have participated in a private mediation and conducted several follow up telephonic conferences to
8 continue the progress made at the mediation. While the parties are not ready to file a notice of
9 settlement, the parties have come to a tentative agreement on one of the key issues (monetary
10 relief) and are attempting to resolve the remaining issues (injunctive remedies). Accordingly, the
11 parties now stipulate pursuant to Rules 16 and 26 of the Federal Rules of Civil Procedure as
12 follows:
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1. Good Cause To Extend Discovery Deadlines

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The parties come before the Court to seek a fourth and last extension of the discovery and

15 trial deadlines.

The parties seek the current extension, which extends most of the current

16 deadlines by approximately three (3) months, to permit the parties to finalize settlement. The
17 parties have made substantial progress on this matter, conducting a private mediation in December
18 2015 before the Honorable Margaret A. Nagle (Ret.) and finally coming to a tentative agreement
19 on the monetary terms. As the EEOC contends that any EEOC settlement requires a consent
20 decree containing both monetary and injunctive remedies, the parties cannot file a notice of
21 settlement until they come to an agreement on the injunctive remedies. As such, the parties seek
22 this extension, or in the alternative a stay, to permit the parties to come to a resolution on the
23 injunctive remedies without diverting resources and attention to litigation matters. Litigation of
24 this matter would entail discovery and dispositive motions. Providing the parties additional time
25 to attempt to reach a resolution would thus preserve the parties as well as the court’s resources.
26 As such, the parties request that the Court, for good cause, grant the parties’ fourth request for an
27 extension of time.
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2. Stipulation to Conduct Settlement Conference

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The parties stipulate that the Joint Scheduling Order be amended to reflect the following

3 new deadlines:
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a. Non-expert discovery shall be completed by June 17, 2016;

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b. Expert disclosure shall be completed by July 15, 2016;

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c. Supplemental expert disclosure shall be completed by August 12, 2016;

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d. Expert discovery shall be completed by September 27, 2016;

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e. Non-dispositive motions shall be submitted by September 26, 2016 and heard

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by October 27, 2016;
f. Dispositive motion shall be submitted by October 18, 2016 and heard by
November 29, 2016;

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g. Pretrial conference shall be held on January 18, 2017; and

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h. Trial shall commence March 21, 2017.

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IT IS SO STIPULATED.

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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Date: February 16, 2015

By:

/s/ Rumduol Vuong_____
Rumduol Vuong
Attorney for Plaintiff U.S. EEOC

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SEYFARTH SHAW

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22 Date: February 16, 2015

By:

/s/ Laura Maecthlen____
Laura Maechtlen
Attorney for Defendant Farmers Insurance
Exchange

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ORDER

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that the parties’ stipulated

3 request for continuance of all deadlines to complete settlement shall be GRANTED IN PART to
4 allow the parties sufficient time to complete settlement negotiations while accommodating the
5 Court’s calendar. The Scheduling Order is modified as follows:
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Case Management Event:

Prior-Operative
Deadline:
Non-Expert Discovery Deadline
March 18, 2016
Expert Disclosures
April 15, 2016
Rebuttal-Supplemental Expert Disclosures May 13, 2016
Expert Discovery Deadline
June 27, 2016
Non-Dispositive Motion Filing Deadline
June 26, 2016
Non-Dispositive Motion Hearing
July 27, 2016
Deadline
Dispositive Motion (MSJ) Filing Deadline July 18, 2016
Dispositive Motion (MSJ) Hearing
August 29, 2016
Deadline
Final Pre-Trial Conference
October 13, 2016
10:00 a.m., Ctrm 2
TRIAL
December 6, 2016
8:30 a.m., Ctrm 2
(5-7 trial days)

New Operative
Deadline:
June 17, 2016
June 29, 2016
July 8, 2016
July 22, 2016
July 27, 2016
August 24, 2016
August 1, 2016
September 6, 2016
October 20, 2016
Unchanged

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IT IS SO ORDERED.

19 Dated:

February 23, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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