Goodwin v. Winn Management Group LLC

Filing 23

STIPULATION and ORDER GRANTING the parties' request to stay the discovery deadlines until mediation is completed. However, the Court will not set further deadlines at this time. Instead, a Telephonic Status Conference will be held before the und ersigned on September 7, 2016, at 10:30 a.m., to discuss the progress of the settlement negotiations. No later than September 1, 2016, the parties shall file a joint status report advising the Court whether the case settled. If the case has settled, the parties shall provide a schedule for the filing of a motion for preliminary approval of the class settlement. If the case does not settle, the joint status report shall include deadlines to complete class certification discovery, as well as a sch edule for the filing of a class certification motion. The Court will address scheduling issues at the status conference, however, the parties are advised that if the case does not settle, a request for a six month continuance to conduct discovery will be looked upon with disfavor since this case was filed on April 16, 2015. (Doc. 1 ). As such, the parties shall plan accordingly. Order signed by Magistrate Judge Erica P. Grosjean on 5/5/2016. (Rooney, M)

MICHAEL MALK, ESQ., (STATE BAR NO 222366)
[e-mail]
MICHAEL MALK, ESQ., APC
1180 South Beverly Drive, Suite 302
Los Angeles, California 90035
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Adam Goodwin and all others similarly situated
MARK J. JACOBS, Bar No. 208945
[e-mail]
SHAUN J. VOIGT, Bar No. 265721
[e-mail]
LAURIE A. KOSCIELAK, Bar No. 299106
[e-mail]
FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
Irvine, California 92614
Telephone [phone]
Facsimile [phone]
Attorneys for Defendant Winn Management Group LLC
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ADAM GOODWIN, on behalf of
himself and all others similarly situated,

vs.

Plaintiff,

WINN MANAGEMENT GROUP
LLC, a Massachusetts Limited Liability
Company, and Does 1 through 100,
inclusive,
Defendants.

Case No. 1:15-CV-00606-DAD-EPG
[This case has been assigned to Judge
Dale A. Drozd]
JOINT STIPULATION AND
ORDER TO STAY DISCOVERY
DEADLINES PENDING
MEDIATION

Plaintiff Adam Goodwin ("Plaintiff") and Defendant Winn
Management Group LLC., by and through their respective counsel of
record, hereby stipulate and agree as follows:
WHEREAS, Judge Shubb was initially assigned to this case on July
8, 2015, and he issued a Scheduling Order on November 5, 2015 with the
following deadlines:
a)

Parties shall disclose experts and produce reports in
accordance with Federal Rule of Civil Procedure 26(a)
(2) by no later than June 10, 2016;

b)

Experts and reports for the purposes of rebuttal shall be
disclosed by July 8, 2016;

c)

All discovery including deposition shall be conducted
and completed by August 5, 2016;

d)

All motions to compel discovery must be noticed by
August 5, 2016; and

e)

All motions shall be file on or before October 7, 2016.

WHEREAS, the parties have agreed to stay formal discovery, and
have been actively involved in an informal exchange of information;
WHEREAS, the parties are attending a mediation in this matter with
mediator Robert J. Kaplan on August 16, 2016, which is days after the
discovery and the motion deadlines are required to be completed;
WHEREAS, in the event that the parties do not settle the case at the
August 16, 2016 mediation, Plaintiff will require time to conduct formal
discovery, obtain the class list through a Belaire-West opt-out notice, take
depositions, and draft his Motion for Class Certification.
It is therefore stipulated and agreed by and between the parties
through their undersigned counsel, subject to the approval of the Court, that

discovery and motion deadlines, shall be continue by at least one hundred
eighty days past the August 16, 2016 mediation. The parties are working
together cooperatively, and anticipate agreeing to a reasonable briefing
schedule for the Motion for Class Certification at a later date.
IT IS SO STIPULATED:
DATED: May 2, 2016

MICHAEL MALK, ESQ., APC

By /s/ Michael Malk
MICHAEL MALK.
Attorneys for Plaintiff ADAM
GOODWIN
DATED: May 2, 2016

FISHER & PHILLIPS LLP

By: /s/ Shaun J. Voigt
SHAUN J. VOIGHT, ESQ.
MARK J. JACOBS, ESQ.
LAURIE A. KOSCIELAK
Attorneys for Defendant WINN
MANAGEMENT GROUP LLC

ORDER
The Court has reviewed the parties’ joint stipulation (Doc. 22), and adopts it in
part. The Court grants the parties’ request to stay the discovery deadlines until mediation
is completed. However, the Court will not set further deadlines at this time. Instead, a
telephonic status conference will be held before the undersigned on September 7, 2016 at
10:30 a.m., to discuss the progress of the settlement negotiations. No later than
September 1, 2016, the parties shall file a joint status report advising the Court whether
the case settled. If the case has settled, the parties shall provide a schedule for the filing of
a motion for preliminary approval of the class settlement. If the case does not settle, the
joint status report shall include deadlines to complete class certification discovery, as well
as a schedule for the filing of a class certification motion. The Court will address
scheduling issues at the status conference, however, the parties are advised that if the case
does not settle, a request for a six month continuance to conduct discovery will be looked
upon with disfavor since this case was filed on April 16, 2015. (Doc. 1). As such, the
parties shall plan accordingly.

IT IS SO ORDERED.
Dated:

May 5, 2016

/s/
UNITED STATES MAGISTRATE JUDGE