Gutilla v. Aerotek, Inc.,

Filing 18

STIPULATION and ORDER For Extension of Discovery and Motion Deadlines and For Continuance of Trial Date, signed by District Judge Dale A. Drozd on 4/25/2016. (The current pre-trial deadlines and trial date are hereby vacated and the new deadlines an d trial date are as follows- Expert Disclosures: 10/5/2016, Supplemental Expert Disclosures: 11/8/2016, Non-expert Discovery: 11/4/2016, Expert Discovery: 11/18/2016, Dispositive Filing: 12/2/2016, Settlement Conference set for 12/1/2016 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe, Pretrial Conference set for 3/6/2017 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, and Jury Trial set for 5/2/2017 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.)(Gaumnitz, R) Modified (corrected year for trial date) on 4/25/2016 (Gaumnitz, R).

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ROBERT J. WASSERMAN, Bar No. 258538
[e-mail]
VLADIMIR J. KOZINA, Bar No. 284645
[e-mail]
MAYALL HURLEY, P.C.
2453 Grand Canal Blvd.
Stockton, CA 95207.8253
Telephone:
209.477.3833
Facsimile:
209.473.4818

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Attorneys for Plaintiff
LAURA GUTILLA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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LAURA GUTILLA,

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Plaintiff,

Case No. 1:15-CV-00191-DAD-BAM

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v.

STIPULATION AND ORDER FOR
EXTENSION OF DISCOVERY AND
MOTION DEADLINES AND FOR
CONTINUANCE OF TRIAL DATE

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AEROTEK, INC., a corporation; and
DOES 1-100 inclusive,

Complaint Filed: December 31, 2014

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Defendants.

Trial Date: November 8, 2016

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Pursuant to Eastern District of California Local Rule 144, Plaintiff Laura Gutilla (“Gutilla”)

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and Defendant Aerotek, Inc. (“Defendant”) (collectively, the “Parties”), by and through undersigned

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counsel of record file this joint stipulation and request the following relief:

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WHEREAS, with this Joint Stipulation, the Parties request that the Court extend all

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discovery and pre-trial motion deadlines and the trial date set in the Scheduling Order and Order

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Granting Joint Stipulation for Extension of Discovery and Motion Deadlines (“Extension Order”) to

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allow sufficient time for the Parties to continue their discovery and participate in mediation in a

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good-faith attempt to resolve this matter short of trial. The facts supporting this Stipulation are set

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forth below and in the attached Declaration of Vladimir J. Kozina (“Kozina Decl.”)
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WHEREAS the following deadlines have been set by the Court pursuant to the Scheduling
Conference Order filed on May 7, 2015, (Dkt #9) and the Extension Order (Dkt #15):

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Expert Disclosures:

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Supplemental Expert Disclosures: March 25, 2016

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Non-expert Discovery: May 6, 2016

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Expert Discovery: June 3, 2016

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Dispositive Filing: June 10, 2016

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Settlement Conference: August 23, 2016

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Pre-Trial Conference: September 15, 2016

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Trial: November 6, 2016

February 26, 2016

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WHEREAS, on December 2, 2015, the Court granted Defendant’s request to substitute

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Morgan Lewis & Bockius LLP and John S. Battenfeld and Shannon B. Nakabayashi as attorneys of

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record in place and instead of Littler Mendelson, P.C. and Michael Warren (Dkt. #11).

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WHEREAS, on January 5, 2016, and again on January 7, 2016, the parties met and conferred

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and agreed to stipulate to additional time to complete fact and to address outstanding discovery

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disputes. Kozina Decl. ¶2.

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WHEREAS, written discovery has been exchanged between the parties but the parties

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continue to meet and confer regarding certain discovery issues, including discovery relating to

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Plaintiff’s the Labor Code Private Attorney General Act (“PAGA”) claim. Kozina Decl., ¶3.

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WHEREAS, as a result of the Parties’ continued efforts to meet and confer and seek

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resolution of the claims in this matter, the Parties have agreed to engage in private mediation with

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Jeffrey A. Ross, Esq. of Oakland, California in good faith. Kozina Decl., ¶4.

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WHEREAS, on April 1, 2016, the parties met and conferred and stipulated to an extension of

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all deadlines currently set forth in this case, including the trial date, to permit the Parties to engage in

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mediation with sufficient time to conduct additional discovery as may be necessary should mediation

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not resolve the matter. Kozina Decl., ¶5.

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WHEREAS, Mr. Ross’ earliest availability is not until August 2016. Lead counsel for

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Defendant, John Battenfeld, is scheduled to be in a lengthy arbitration in the matter of Andrade v.
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P.F. Chang’s Chinese Bistro, Inc., AAA Case No. 73 20 1300 0475 during the month of August. As

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a result, the parties have reserved a mediation date with Mr. Ross in September and asked to be

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notified if any earlier dates become available.

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WHEREAS, the Court has previously granted one continuance of the pre-trial deadlines.
(Dkt #15).

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WHEREAS, the Parties agree that continuance of the current pre-trial deadlines and trial date

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will not prejudice the Parties and will permit the Parties to engage in private mediation in good faith.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and through the Parties’

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respective counsel as follows:
The Parties jointly request that the dates set forth in the Court’s Scheduling Order and
Extension Order be extended as follows:

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Expert Disclosures:

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Supplemental Expert Disclosures: November 8, 2016

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Non-expert Discovery: November 4, 2016

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Expert Discovery: November 18, 2016

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Dispositive Filing: December 2, 2016

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Settlement Conference: December 1, 2016 at 9:30 a.m.

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Pre-Trial Conference: January 9, 2017

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Trial: March 7, 2017

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October 5, 2016

FOR GOOD CAUSE SHOWN, IT IS SO STIPULATED.
DATED: April 21, 2016

MAYALL HURLEY, P.C.

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By__/s/ Vladimir J. Kozina
Robert J. Wasserman
Vladimir J. Kozina
Attorneys for Plaintiff

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DATED: April 21, 2016

MORGAN, LEWIS & BOCKIUS LLP

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By_/s/_Shannon B. Nakabayashi
John S. Battenfeld
Shannon B. Nakabayashi
Attorneys for Defendant

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3.

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ORDER

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Pursuant to Eastern District of California Local Rule 144, stipulation of the parties hereto,
and good cause appearing, IT IS HEREBY ORDERED as follows:

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The current pre-trial deadlines and trial date are hereby vacated and the new deadlines and
trial date are as follows:

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Expert Disclosures:

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Supplemental Expert Disclosures: November 8, 2016

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Non-expert Discovery: November 4, 2016

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Expert Discovery: November 18, 2016

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Dispositive Filing: December 2, 2016

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Settlement Conference: December 1, 2016, at 9:30am before Magistrate

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Judge Barbara A. McAuliffe
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Pre-Trial Conference: March 6, 2017, at 3:30pm before District Judge Dale
A. Drozd

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October 5, 2016

Trial: May 2, 2017, at 1:00pm before District Judge Dale A. Drozd

IT IS SO ORDERED.

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Dated:

April 25, 2016

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UNITED STATES DISTRICT JUDGE

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