Patino v. KVS Transportation, Inc. et al

Filing 16

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/1/16 ORDERING that the deadline to complete Phase I discovery is CONTINUED to 3/29/16 for purposes of (i) completing the currently noticed depositions of Plaintiff and KVS' Rule 30(b)(6) deponent, and (ii) disclosing expert witnesses. (Kastilahn, A)

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Shaun Setareh (SBN 204514)
[e-mail]
Thomas Segal (SBN 222791)
[e-mail]
SETAREH LAW GROUP
9454 Wilshire Blvd, Suite 907
Beverly Hills, California 90212
T: [phone] | F: [phone]

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Attorneys for Plaintiff
JUAN PATINO
HAYNES AND BOONE, LLP
Tamara I. Devitt/Bar No. 209683
[e-mail]
Kimberly A. Chase/Bar No. 253311
[e-mail]
Matthew E. Costello/Bar No. 295062
[e-mail]
600 Anton Boulevard, Suite 700
Costa Mesa, California 92626
T: [phone] | F: [phone]
Attorneys for Defendants
KVS TRANSPORTATION, INC. and NABORS DRILLING USA, LP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN PATINO, on behalf of himself, all
others similarly situated,

Case No. 1:15-CV-00713-TLN-SMS

)
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Plaintiff,
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vs.
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KVS TRANSPORTATION, INC., a
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California corporation; NABORS DRILLING )
USA, L.P., a Delaware corporation; and
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DOES 1-50,
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inclusive,
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Defendants.
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Assigned to U.S. District Judge
Troy L. Nunley
JOINT STIPULATION AND ORDER TO
CONTINUE DISCOVERY CUT-OFF
DATE TO COMPLETE CURRENTLY
NOTICED DEPOSITIONS AND FOR
DISCLOSURE OF EXPERT
WITNESSES
Complaint filed:

May 8, 2015

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Joint Stipulation and Order to Continue Discovery
Cut-off Date to Complete Currently Noticed
Depositions and
for Disclosure of Expert Witnesses

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Plaintiff Juan Patino (“Plaintiff”) and Defendants KVS Transportation, Inc. (“KVS”)

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and Nabors Drilling USA, LP (collectively, the “Parties”), through their respective counsel,

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hereby stipulate as follows:

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WHEREAS, on July 28, 2015, the Court issued a Pretrial Scheduling Order governing
discovery and other pretrial proceedings (Dkt. No. 14) (“Order”) for this case;

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WHEREAS, the Order bifurcates discovery into two phases, with Phase I discovery
limited to facts that are relevant to whether this action should be certified as a class action;

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WHEREAS, pursuant to the Order, all Phase I discovery must be completed by the

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Parties on or before January 29, 2016 and the Parties must disclose their respective expert

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witnesses on or before February 29, 2016;
WHEREAS, on December 31, 2015, KVS noticed Plaintiff’s deposition for January 20,

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2016;
WHEREAS, on January 8, 2016, Plaintiff served a Rule 30(b)(6) deposition notice on
KVS, with such deposition to be held on January 22, 2016;
WHEREAS, on January 12, 2016, Plaintiff’s counsel informed counsel for KVS that
Plaintiff was not available on the noticed date of January 20, 2016;

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WHEREAS, on January 13, 2016, counsel for KVS informed Plaintiff’s counsel that

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KVS’ Rule 30(b)(6) deponent and counsel for KVS were not available on the noticed date of

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January 22, 2016, provided alternative dates for the Rule 30(b)(6) deposition and asked for

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alternative dates for Plaintiff’s deposition, and suggested to Plaintiff’s counsel that Plaintiff’s

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deposition and the Rule 30(b)(6) deposition be scheduled for the same day;

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WHEREAS, the Parties are in the process of meeting and conferring in good faith to

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schedule the currently noticed depositions of Plaintiff and KVS’ Rule 30(b)(6) deponent, with

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the aim of completing these depositions by the end of February 2016, subject to witness and

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counsel availability;

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WHEREAS, the Parties agree that good cause exists to continue the Phase I discovery

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cut-off date (i) to complete the currently noticed depositions of Plaintiff and KVS’ Rule

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Joint Stipulation and Order to Continue Discovery
Cut-off Date to Complete Currently Noticed
Depositions and
for Disclosure of Expert Witnesses

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30(b)(6) deponent only, and (ii) to disclose expert witnesses, if any, which may be necessary

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following the depositions of Plaintiff and KVS’ Rule 30(b)(6) deponent;

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WHEREAS, the Parties agree that continuing the Phase I discovery cut-off by 60 days to

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complete the currently outstanding depositions of Plaintiff and KVS’ Rule 30(b)(6) deponent

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and to disclose expert witnesses would promote efficiency and judicial economy, as it will allow

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the Parties to engage in necessary pre-certification discovery; and

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WHEREAS, the Parties agree that neither party will be prejudiced by the requested
continuance.

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NOW, THEREFORE, the Parties, by and through their counsel of record, hereby

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stipulate, subject to this Court’s approval, that the deadline to complete Phase I discovery,

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currently set for January 29, 2016, shall be continued to March 29, 2016 for purposes of (i)

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completing the currently noticed depositions of Plaintiff and KVS’ Rule 30(b)(6) deponent, and

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(ii) disclosing expert witnesses.

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IT IS SO STIPULATED.

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Date: February 1, 2016

SETARAH LAW GROUP
By:

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Date: February 1, 2016

/s/ Shaun Setarah
Shaun Setarah
Attorneys for Plaintiff
JUAN PATINO

HAYNES AND BOONE, LLP
By:

/s/ Matthew E. Costello
Matthew E. Costello
Attorneys for Defendants
KVS TRANSPORTATION, INC. and
NABORS DRILLING USA, LP
(as authorized on January 27, 2016
per L.R. 131(e))

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Joint Stipulation and Order to Continue Discovery
Cut-off Date to Complete Currently Noticed
Depositions and
for Disclosure of Expert Witnesses

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ORDER

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Pursuant to the Parties’ stipulation, the deadline to complete Phase I discovery, currently

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set for January 29, 2016, shall be continued to March 29, 2016 for purposes of (i) completing

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the currently noticed depositions of Plaintiff and KVS’ Rule 30(b)(6) deponent, and (ii)

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disclosing expert witnesses.

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IT IS SO ORDERED.

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Dated: February 1, 2016

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Troy L. Nunley
United States District Judge

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ORDER