Talavera v. Leprino Foods Company et al

Filing 43

STIPULATED Request for Clarification or Correction Regarding Bifurcation of Discovery; ORDER. Discovery in this matter is bifurcated and phased with Pre-Class Certification Discovery as scheduled in the Courts Preliminary Scheduling Order as variously amended and supplemented by the Orders of this Court, and post-certification merits discovery, if any, to be Ordered on a future date. signed by Magistrate Judge Barbara A. McAuliffe on 2/11/2016. (Herman, H)

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Cory G. Lee, Esq. (SBN 216921)
THE DOWNEY LAW FIRM, LLC (Of Counsel)
9595 Wilshire Blvd., Suite 900
Beverly Hills, California 90212
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff and the proposed Class

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HANSON BRIDGETT LLP
SANDRA L. RAPPAPORT, SBN 172990
[e-mail]
EMILY F. TAYLOR, SBN 279419
[e-mail]
425 Market Street, 26th Floor
San Francisco, California 94105
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants
LEPRINO FOODS COMPANY and LEPRINO
FOODS DAIRY PRODUCTS COMPANY

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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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JONATHON TALAVERA, on behalf of himself
and on behalf of all other similarly situated
individuals,
Plaintiff,

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v.
LEPRINO FOODS COMPANY, a Colorado
Corporation; LEPRINO FOODS DAIRY
PRODUCTS COMPANY, a Colorado
Corporation; and DOES 1-50, inclusive,
Defendants.

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Case No.: 1:15-cv-00105-AWI-BAM
STIPULATED REQUEST FOR
CLARIFICATION OR CORRECTION
REGARDING BIFURCATION OF
DISCOVERY; ORDER

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Whereas, the April 14, 2015, JOINT REPORT PURSUANT TO FED. R. CIV. P. 26(f) filed

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by Plaintiff and Defendants agreed to phased discovery with pre-class certification discovery prior

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to merits discovery. See Docket No. 14, p.5:6-7.
Whereas, the Court’s April 22, 2015, Preliminary Scheduling Order refers to “6. Non-

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Expert Discovery Cutoff”, “7. Expert Disclosure,” “8. Supplemental Expert Disclosure,” and “9.

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Expert Discovery Cutoff” without reference to phased discovery. See Docket No. 16, p. 2:20-

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3:11.

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Whereas, during the Court’s November 23, 2015, Informal Discovery Conference, the
Court indicated that it believed the omission of phased discovery in the Preliminary Scheduling
Order was inadvertent.
Whereas the Parties continue to desire phased discovery in this matter.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective
attorneys of record that discovery in this matter be phased with pre-class certification discovery
prior to merits discovery. The Parties jointly request correction or clarification of the Court’s April
22, Preliminary Scheduling Order.
Respectfully submitted,

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The Downey Law Firm, LLC

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Dated: February 10, 2016

__ /s/ Cory G. Lee ______
Cory Lee
Of Counsel
Counsel for the Plaintiff and the putative class

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HANSON BRIDGETT LLP

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Dated: February 10, 2016

By: __ /s/ Emily F. Taylor______
SANDRA L. RAPPAPORT
EMILY F. TAYLOR
Attorneys for Defendants
LEPRINO FOODS COMPANY and LEPRINO
FOODS DAIRY PRODUCTS COMPANY

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ORDER

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Discovery in this matter is bifurcated and phased with Pre-Class Certification

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Discovery as scheduled in the Court’s Preliminary Scheduling Order as variously amended

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and supplemented by the Orders of this Court, and post-certification merits discovery, if

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any, to be Ordered on a future date.

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IT IS SO ORDERED.

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Dated:

February 11, 2016

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE