Neufeld, Jr. v. Winco Holdings, Inc.

Filing 23

ORDER GRANTING 22 Motion to Continue Expert Discovery Cutoff and Pretrial and Trial Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 12/22/2015. Expert Discovery Deadline 3/15/2016. Joint pretrial statement due by 4/14/2016. Pretrial Conference CONTINUED to 5/5/2016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Trial briefs due by 6/6/2016. Jury Trial CONTINUED to 6/20/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Hall, S)

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SEYFARTH SHAW LLP
Kristina M. Launey (SBN 221335)
[e-mail]
Michael W. Kopp (SBN 206385)
[e-mail]
Christina F. Jackson (SBN 281456)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
WINCO HOLDINGS, INC., sued herein as “WinCo
Holdings, Inc. dba WinCo Foods”
LAW OFFICES OF MICHELLE IARUSSO
Michelle Iarusso (SBN 280483)
[e-mail]
Nicholas Dagher (SBN 275776)
64 N. Fair Oaks Avenue
Pasadena, CA 91103
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Jerry W. Neufeld, Jr.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY W. NEUFELD, JR., an individual,

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Case No.: 1:14-CV-01505-KJM-JLT

Plaintiff,

JOINT MOTION TO CONTINUE EXPERT
DISCOVERY CUTOFF AND PRETRIAL
AND TRIAL DEADLINES; [PROPOSED]
ORDER

v.

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WINCO HOLDINGS, INC. dba WINCO FOODS,
an Idaho corporation; and DOES 1 to 100,
inclusive,

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Defendants.

(Doc. 22)

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JOINT MOTION TO CONTINUE EXPERT DISCOVERY CUTOFF AND TRIAL AND PRETRIAL
DEADLINES; [PROPOSED] ORDER
22901929v.1

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TO THE HONORABLE JUDGE MUELLER:

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WinCo Holdings, Inc. (“Defendant”) and Jerry W. Neufeld (“Plaintiff”) through their counsel of

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record jointly move for (1) a continuance of the expert discovery deadline, and (2) a continuance of the

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current trial and pretrial filing deadlines, pending the outcome of WinCo’s pending motion for summary

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judgment. In support of this Motion, the parties stipulate as follows:

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1.

This matter was removed to the U.S. District Court, Eastern District of California on

September 25, 2014. This Court issued a scheduling order on February 20, 2015, following the
February 19, 2015 status conference.

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2.

The parties have not previously sought the continuance of any deadline set in the original

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February 20, 2015 scheduling order, and have diligently complied with all scheduling deadlines to date.
3.

Defendant promptly filed its “Motion for Summary Judgment or, In the Alternative,

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Motion for Summary Adjudication” on October 21, 2015, within one month of the close of all non-

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expert discovery.

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4.

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WinCo’s Motion for Summary Judgment was noticed for hearing for December 4, 2015,

in advance of the current expert discovery cutoff and current pretrial filing deadlines. Plaintiff filed his

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Opposition on November 20, 2015, and WinCo filed its Reply on November 25, 2015.
5.

By order dated December 1, 2015, the Court reset the hearing on Defendant’s Motion for

Summary Judgment for January 15, 2016.
6.

Expert discovery is currently set to close on December 26, 2015, and the parties have an

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unresolved dispute concerning the sufficiency of Plaintiff’s disclosures of non-retained experts. The

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reset January 15, 2016 hearing date on Defendant’s Motion for Summary Judgment is presently set to

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occur after the current expert discovery cutoff. The parties jointly wish to defer the expense of motion

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practice and depositions of Plaintiff’s retained and non-retained experts pending the resolution of the
Motion for Summary Judgment.
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JOINT MOTION TO CONTINUE EXPERT DISCOVERY CUTOFF AND TRIAL AND PRETRIAL
DEADLINES; [PROPOSED] ORDER
22901929v.1

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7.

The reset January 15, 2016 hearing date on WinCo’s Motion for Summary Judgment is

also in close proximity to the January 28, 2016 deadline for the parties to file the comprehensive joint
pretrial statement (identifying all non-discovery motions and their resolution, all undisputed and

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disputed facts core to each claim; lists of evidentiary issues subject to motions in limine, points of law in
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support of claims and defenses; a joint statement of the case; all witnesses and their expected testimony,
all exhibits, and all further disclosures mandated by Local Rule 281).
8.

The parties wish to avoid expert discovery expenses, discovery filings, and burdening the

Court with further pretrial and trial filings pending the resolution of the pending Motion for Summary
Judgment.
9.

The Parties have met and conferred and have agreed to request (1) an extension of the

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expert discovery cutoff deadline from December 26, 2015 to March 15, 2016 (i.e., two months
following the January 15, 2016 hearing on the motion for summary judgment); (2) a resetting of the

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current April 4, 2016 trial date to a date of the Court’s convenience in June or July 2016, with a

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corresponding adjustment of all pretrial deadlines (including the joint pretrial statement deadline,

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pretrial conference date, and the trial brief deadline).

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10.

No prior scheduling extensions have been sought by either party in this matter as to any

scheduling deadline, and the proposed three month extensions on the current expert discovery and trial
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and pretrial deadlines are sought in good faith and for purpose of judicial economy, pending the
outcome of WinCo’s Motion for Summary Judgement.
NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an Order

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(a) continuing the expert discovery deadline to March 15, 2016

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(b) continuing the trial date from April 4, 2016 to a date of the Court’s convenience in June or July

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(c) continuing the pretrial deadlines for the joint pretrial statement, pretrial conference, and the parties’

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trial briefs to correspond with the reset trial date.

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JOINT MOTION TO CONTINUE EXPERT DISCOVERY CUTOFF AND TRIAL AND PRETRIAL
DEADLINES; [PROPOSED] ORDER
22901929v.1

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: December 14, 2015

Respectfully submitted,

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SEYFARTH SHAW LLP

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By: /s/ Michael W. Kopp
Kristina M. Launey
Michael W. Kopp

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Attorneys for Defendant
WINCO HOLDINGS, INC.

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DATED: December 14, 2015

LAW OFFICES OF MICHELLE IARUSSO

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By: /s/ Michelle Iarusso
Michelle Iarusso

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Attorneys for Plaintiff
JERRY NEUFELD

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Attorney for Plaintiff agreed with the contents of
this document and authorized the filer to use her
electronic signature

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ORDER

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Based upon the stipulation of counsel, the Court ORDERS:

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1.

The parties SHALL complete all expert discovery no later than March 15, 2016;

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2.

The trial is continued to June 20, 2016;

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3.

The deadline to file the joint pretrial statement is April 14, 2016;

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4.

The pretrial conference is continued to May 5, 2016;

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5.

The deadline to submit trial briefs is June 6, 2016.

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IT IS SO ORDERED.
Dated:

December 22, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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JOINT MOTION TO CONTINUE EXPERT DISCOVERY CUTOFF AND TRIAL AND PRETRIAL
DEADLINES; [PROPOSED] ORDER
22901929v.1

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JOINT MOTION TO CONTINUE EXPERT DISCOVERY CUTOFF AND TRIAL AND PRETRIAL
DEADLINES; [PROPOSED] ORDER
22901929v.1