Rivera v. AgReserves, Inc. et al

Filing 26

ORDER GRANTING IN PART 23 Stipulation to Extend Certain Scheduling Dates, signed by Magistrate Judge Jennifer L. Thurston on 5/6/2016. Deposition of plaintiff and FRCP 30(b) deponent completed by 7/15/2016. Expert Discovery: disclosures by 7/29 /2016; rebuttal experts by 8/26/2016; expert discovery completed by 9/16/2016. Non-Dispositive Motion Deadlines: Filed by 9/30/2016; Hearing by 10/28/2016. Motion for Class Certification: Filed by 11/25/2016; Opposition by 1/13/2017; Reply by 2/10/2017; Hearing SET for 2/27/2017 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

1
2
3
4
5
6
7
8
9
10

Richard D. Marca, State Bar # 127365
[e-mail]
Jamie Wrage, State Bar #188982
[e-mail]
Jeff T. Olsen, State Bar #283249
[e-mail]
GRESHAM SAVAGE NOLAN & TILDEN,
A Professional Corporation
550 East Hospitality Lane, Suite 300
San Bernardino, CA 92408
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants,
AGRESERVES, INC. dba SOUTH VALLEY
FARMS
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18

LEONEL ROJAS RIVERA, individually and on )
behalf of other persons similarly situated,
)
)
Plaintiff,
)
)
vs.
)
AGRESERVES, INC. dba SOUTH VALLEY )
FARMS; and SOUTH VALLEY ALMOND
)
COMPANY, LLC; and DOES 1 through 10,
)
)
Defendants.
)

Case No.: 1:15-CV-00613- JLT
JOINT STIPULATION AND REQUEST
TO EXTEND CERTAIN SCHEDULING
DATES; ORDER GRANTING IN PART
(Doc. 23)

19
20
21
22
23
24
25
26
27
28
ATTORNEYS AT LAW
550 EAST HOSPITALITY
LANE, SUITE 300
SAN BERNARDINO, CA 92408

1
JOINT STIPULATION AND REQUEST TO EXTEND CERTAIN SCHEDULING DATES
A915-001 -- 2142191.1

1

TO THIS HONORABLE COURT:

2

Plaintiff Leonel Rojas Rivera, by and through his attorneys of record, and Defendant

3

AgReserves, Inc. dba South Valley Farms (“AgReserves”) by and through their attorneys of

4

record, hereby stipulate to request that the Court extend certain Scheduling Order dates [Docket

5

No. 17] – specifically the non-expert discovery cut-off, the expert discovery cut off, the deadline

6

for Plaintiff to file class certification motion, and dispositive motion hearing cut-off dates, as

7

follows:

8
9
10
11

WHEREAS, the Parties have worked diligently to conduct discovery in this matter,
including exchanging and responding to the initial set of written discovery by both sides, and
taking the deposition of Plaintiff Leonel Rojas Rivera;
WHEREAS, despite the Parties’ efforts, a substantial amount of discovery to be

12

conducted, including but not limited to, additional written discovery regarding class certification

13

issues, and the potential need for additional depositions;

14

WHEREAS, the Parties are working diligently to complete this long discovery process;

15

WHEREAS, the Parties have agreed to participate in a private mediation in this matter on

16
17

May 31, 2016;
WHEREAS, if the matter does not resolve upon private mediation, the parties would like

18

more time to prepare additional discovery by mutually agreeing to extend operative scheduling

19

dates from the Scheduling Order;

20

WHEREAS, the current operative dates [Docket No. 17] are as follows:

21



Non-Expert Discovery Cut-Off: June 6, 2016

22



Expert Discovery Cut-Off: August 22, 2016

23



Filing of Class Certification Deadline: October 17, 2016

24



Opposition to Class Certification Deadline: December 5, 2016

25



Reply brief to Class Certification Deadline: January 9, 2017

26



Hearing on Class Certification: February 8, 2017

27
28
ATTORNEYS AT LAW
550 EAST HOSPITALITY
LANE, SUITE 300
SAN BERNARDINO, CA 92408

WHEREAS, the Parties propose a continuance of the previously calendared dates to
allow for proper discovery and full exploration of mediation options, as follows:
1
PROOF OF SERVICE
A915-001 -- 2142191.1

1
2

Event

Current Deadline

Proposed New Deadline

3

Non-Expert Discovery Cut-Off

June 6, 2016

August 5, 2016

Expert Discovery Cut-Off

August 22, 2016

September 22, 2016

7

Filing of Class Certification

October 17, 2016

November 17, 2016

8

Motion Deadline

December 5, 2016

January 13, 2017

January 9, 2017

February 10, 2017

February 8, 2017

March 13, 2017

4
5
6

9
10

Opposition to Class Certification

11

Deadline

12

Reply brief to Class Certification

13

Deadline

14

Hearing on Class Certification

15
16
17

///

18

///

19

///

20

///

21
22

///

23

///

24

///

25

///

26

///

27
28
ATTORNEYS AT LAW
550 EAST HOSPITALITY
LANE, SUITE 300
SAN BERNARDINO, CA 92408

///
2
PROOF OF SERVICE
A915-001 -- 2142191.1

IT IS SO STIPULATED.

1
2
3

Dated: May 2, 2016

KARASIK LAW FIRM

4
5
By: /s/ GregoryN. Karasik
Gregory N. Karasik
Attorneys for Plaintiff,
LEONEL ROJAS RIVERA, on behalf of
himself and all others similarly situated

6
7
8
9
10

Dated: May 2, 2016

GRESHAM SAVAGE NOLAN & TILDEN, PC

11
12

By: /s/ Richard D. Marca
Richard D. Marca
Jamie E. Wrage
Jeff T. Olsen
Attorneys for Defendants, AGRESERVES,
INC dba SOUTH VALLEY FARMS

13
14
15
16
17
18

ORDER

19
20

Based upon the stipulation and after conducting an informal telephonic conference with
counsel, the Court ORDERS:

21

1.

22
23

a.

b.

Expert disclosures SHALL be made no later than July 29, 2016 and

rebuttal experts disclosed no later than August 26, 2016;

26
27

The deposition of Plaintiff and the Fed. R. Civ. P. 30(b) deponent SHALL

be completed no later than July 15, 2016;

24
25

The stipulation is GRANTED in PART as follows:

c.

Expert discovery SHALL be completed no later than September 16,

2016;

28
ATTORNEYS AT LAW
550 EAST HOSPITALITY
LANE, SUITE 300
SAN BERNARDINO, CA 92408

3
PROOF OF SERVICE
A915-001 -- 2142191.1

d.

1
2

2016 and heard no later than October 28, 2016;
e.

3
4
5
6
7
8
9

Non-dispositive motions SHALL be filed no later than September 30,

The motion for class certification SHALL be filed no later than

November 25, 2016;
f.

Opposition to the motion for class certification SHALL be filed no later than

January 13, 2017;
g.

The reply to the opposition to the motion for class certification SHALL be filed

no later than February 10, 2017;
h.

The hearing on the motion for class certification is CONTINUED to February

10

27, 2017 at 9:30 a.m.

11

No other modifications to the case schedule are authorized.

12
13
14

IT IS SO ORDERED.
Dated:

May 6, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTORNEYS AT LAW
550 EAST HOSPITALITY
LANE, SUITE 300
SAN BERNARDINO, CA 92408

4
PROOF OF SERVICE
A915-001 -- 2142191.1