Ramirez v. Americold Logistics, LLC

Filing 21

STIPULATION and ORDER to MODIFY the Scheduling Order to Extend the Expert Discovery Deadline and Trial Date. The dates are extended as follows: Expert Disclosures: 5/9/2016. Rebuttal Expert Disclosures: 5/23/2016. Expert Discovery: 7/29/2016. Non-Dispositive Motions shall be filed by 6/13/2016. Non-Dispositive Motions shall be heard by 7/13/2016. Pretrial Conference set for 10/5/2016, at 02:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Jury Trial set for 12/6/2016, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties have not requested any change to the dispositive motion filing or hearing deadlines, thus those remain set as 3/1/2016, and 4/6/2016, respectively. (Doc. 16.) Order signed by Magistrate Judge Sheila K. Oberto on 1/22/2016. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODOLFO BARRETO RAMIREZ

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Plaintiff,
v.

Case No. 1:14-cv-01695-SKO
STIPULATION TO MODIFY THE
SCHEDULING ORDER TO EXTEND THE
EXPERT DISCOVERY DEADLINE AND
TRIAL DATE; ORDER THEREON

AMERICOLD LOGISTICS; AND DOES 1
THROUGH 100, INCLUSIVE
Defendant.

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Complaint Filed: August 11, 2014
Trial Date:
June 28, 2016

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Plaintiff Rodolfo Barreto Ramirez and Defendant AmeriCold Logistics LLC, though their

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respective counsel, respectfully request the Court modify its pretrial scheduling order (ECF No.

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14) to extend the deadline on expert discovery and the trial date. Good cause exists to extend

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these deadlines.

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1.

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The Parties request the Court extend the trial date from June 28, 2016 to sometime

after November 15, 2016, as well as extending the pretrial filing deadlines.
2.

Counsel for Defendant AmeriCold Logistics LLC, Jill Cartwright, is pregnant and

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her due date is July 7, 2016. Her due date conflicts with the current trial date of June 28, 2016.

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Ms. Cartwright plans to take maternity leave from June 20, 2016 to October 3, 2016.

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3.

Ms. Cartwright has another trial scheduled to begin on October 14, 2016 in

Sonoma County Superior Court. The trial is expected to last two weeks.
4.

The Parties request a trial continuance to allow for Ms. Cartwright’s maternity

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leave and to allow her time to prepare for trial in this case after her trial in Sonoma County

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Superior Court concludes at the end of October 2016. The Parties also request an extension of

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pretrial filing deadlines to correspond with the new trial date.

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5.

The Parties also request an extension on expert discovery deadlines to allow the

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Parties additional time to negotiate settlement and for the Court to rule on Defendant’s anticipated

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Summary Judgment Motion.
Case No. 1:14-cv-01695-SKO
STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER THEREON

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6.

The parties propose the following expert discovery deadlines: May 9, 2016 (initial

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expert disclosures); May 23, 2016 (rebuttal expert disclosures); June 13, 2016 (expert discovery

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deadline).

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7.

On December 4, 2015, the Parties attended a settlement conference before

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Magistrate Judge Boone. The Parties made significant steps towards resolving the litigation but

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were unable to do so at the settlement conference.

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8.

The Parties are continuing their negotiations to settle the case. Extending the

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expert discovery deadline will give the Parties time to settle the case before making significant

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expenditures on expert discovery. It will also allow the Court time to decide Defendant’s

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anticipated motion for summary judgment or partial summary judgment. Both Parties believe that

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increased litigation costs for expert discovery with hinder their efforts to settle the litigation.

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9.

This is the Parties’ second request to modify the Scheduling Order

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Therefore, pursuant to the Court’s scheduling order (ECF No. 14) and Local Rule

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143, the Parties herby submit this stipulation for modification of the pretrial scheduling order

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(ECF No. 14).

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DATED: January 19, 2016

RANCAÑO & RANCAÑO

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By:

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/s/ Violeta Diaz (as authorized on 1/19/16)
David C. Rancano
Tejinderpal S. Sanghera
Violeta Diaz

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Attorneys for Plaintiff
RODOLFO BARRETO RAMIREZ

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DATED: January 19, 2016

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:

/s/ Jill V. Cartwright
Stuart D. Tochner
Jill V. Cartwright

Attorneys for Defendant
AMERICOLD LOGISTICS, LLC
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Case No. 1:14-cv-01695-SKO
STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER THEREON

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ORDER

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Good cause having been shown, the parties’ stipulation is granted as to the extension of the

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expert discovery deadlines, and the pre-trial conference and trial dates have also been extended.

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The extended dates are as follows:

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1.

Expert Disclosures

May 9, 2016

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2.

Rebuttal Expert Disclosures

May 23, 2016

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3.

Expert Discovery

July 29, 20161

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4.

Non-dispositive motion filing

June 13, 2016

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Non-dispositive motion hearing

July 13, 2016

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Pre-Trial Conference

October 5, 2016, at 2 p.m.

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Trial

December 6, 2016, at 8:30 a.m.

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The parties have not requested any change to the dispositive motion filing or hearing

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deadlines, thus those remain set as March 1, 2016, and April 6, 2016, respectively. (Doc. 16.)

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IT IS SO ORDERED.
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Dated:

January 22, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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The parties are reminded that, as set forth in the scheduling order, "[c]ompliance with the discovery deadlines
requires motions to compel to be filed and heard sufficiently in advance of the discovery deadline so that the Court
may grant effective relief within the allotted discovery time." (Doc. 14, 4:8-10.) For this reason, and because the
continued trial date permits such an extension, the expert discovery deadline shall be extended to July 29, 2016.

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Case No. 1:14-cv-01695-SKO
STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER THEREON