Fulfer v. WinCo Holdings, Inc.

Filing 24

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/19/16 ORDERING that the deadline for Expert Disclosures is 8/22/2016, the deadline for rebuttal expert disclosures is 9/22/16, the deadline for fact Discovery is 11/22/2016, and the d eadline to file Dispositive Motion is 1/12/2017. The Final Pretrial Conference is SET for 3/23/2017 at 02:00 PM in Courtroom 2, and Trial shall commence on 5/15/2017 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.(Mena-Sanchez, L)

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NEDA N. DAL CIELO, Bar No. 161982
[e-mail]
ANNE SWEENEY JORDAN, Bar No. 273589
[e-mail]
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone: [phone]
Fax No.:
408.288.5686
Attorneys for Defendant
WINCO HOLDINGS, INC. (erroneously
named as WinCo Foods Foundation, Inc.)
ROMAN OTKUPMAN, CSBN 249423
[e-mail]
RITA LEONG, CSBN 300058
[e-mail]
OTKUPMAN LAW FIRM
5950 Canoga Ave., Suite 550
Woodland Hills, California 91367
Telephone: [phone]
Fax No.:
888.850.1310
Attorneys for Plaintiff
BRADLEY FULFER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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BRADLEY FULFER, an individual,

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Plaintiff,
v.
WINCO FOODS FOUNDATION,
INC., an Idaho Corporation, and
DOES 1 through 100, inclusive,

Case No. 1:15-cv-00999-TLN-EPG
STIPULATION AND ORDER TO
CONTINUE DISCOVERY AND
DISPOSITIVE MOTION
DEADLINES

Defendants.

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

Case No. 1:15-CV-00999-TLN-EPG
STIP AND ORDER TO CONTINUE DISCOVERY AND DISPOSITIVE MTN DEADLINES

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IT IS HEREBY STIPULATED, by and between Plaintiff Bradley Fulfer

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(“Plaintiff”) and Defendant WinCo Holdings, Inc. (erroneously sued as Winco Food

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Foundation, Inc.) (“WinCo”) as follows:

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WHEREAS, on May 14, 2015, Plaintiff filed this action against WinCo,

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asserting various claims, including (1) disability discrimination, (2) failure to

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accommodate, (3) failure to engage in the interactive process, (4) retaliation, (5)

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intentional infliction of emotional distress, (6) failure to prevent discrimination, (7)

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wrongful termination, and (8) interference with his ability to take leave.

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WHEREAS, pursuant to the Court’s November 6, 2015, Pre-Trial
Scheduling Order, pre-trial deadlines are as follows:

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 Expert witness disclosures were set for March 22, 2016;

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 Rebuttal

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expert

witness

disclosures

were

set for April 22, 2016;

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 Fact discovery cut off was set for June 22, 2016;

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 Dispositive motions were set for July 22, 2016;

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 The last hearing date for a motion was set for August 22, 2016;

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 The final pretrial conference was set for October 31, 2016 at

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1:30 p.m.; and

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 Trial was scheduled to commence on January 27, 2017. [Dkt. #18];

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WHEREAS, on January 8, 2016, this case was reassigned from Judge

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Garland E. Burrell, Jr. to Judge Troy L. Nunley. [Dkt. #19];

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WHEREAS, Despite the Parties’ best efforts, the Parties have been

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unable to complete written discovery and take the necessary depositions of the parties;

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WHEREAS, the Parties are interested in engaging in Alternative Dispute

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

Resolution and productive, good faith, settlement negotiations;
WHEREAS, pursuant to Federal Rule of Civil Procedure 16(b)(4), the
Court may modify a scheduling order where good cause is present; and
WHEREAS, in order to further the Parties’ interest in exploring
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Case No. 1:15-CV-00999-TLN-EPG

STIP AND ORDER TO CONTINUE DISCOVERY AND DISPOSITIVE MTN DEADLINES

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Alternative Dispute Resolution, the Parties jointly request that the discovery cut-off

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remain open so that meaningful discovery can continue, and that the dispositive

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motion deadline be extended.

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THEREFORE IT IS HEREBY STIPULATED by and between the

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Parties, through their respective counsel, that the Parties jointly request that the Court

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continue the deadlines set forth in the Case Management Order [Dkt. 18] by extending

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the following deadlines:

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 Expert disclosures to August 22, 2016;

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 Rebuttal expert disclosures to September 22, 2016;

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 Fact discovery to November 22, 2016;

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 Dispositive motions to December 22, 2016;

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 The last hearing date to January 22, 2017;

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 Final pretrial conference to March 31, 2017; and

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 Trial to commence on May 15, 2017.

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Dated: May 12, 2016

Respectfully submitted,

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/s/Neda N. Dal Cielo
NEDA N. DAL CIELO
ANNE SWEENEY JORDAN
LITTLER MENDELSON, P.C.
Attorneys for Defendant
WINCO HOLDINGS, INC. (erroneously
named as WinCo Foods Foundation, Inc.)

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Dated: May 12, 2016

Respectfully submitted,

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/s/Roman Otkupman
ROMAN OTKUPMAN
RITA LEONG
OTKUPMAN LAW FIRM
Attorneys for Plaintiff
BRADLEY FULFER

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. 1:15-CV-00999-TLN-EPG

STIP AND ORDER TO CONTINUE DISCOVERY AND DISPOSITIVE MTN DEADLINES

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ORDER
The court, having considered the Parties’ stipulation to continue
discovery and dispositive motion deadlines, hereby orders that the deadline for expert
disclosures is August 22, 2016, the deadline for rebuttal expert disclosures is
September 22, 2016, the deadline for fact discovery is November 22, 2016, and the
deadline to file a dispositive motion to January 12, 2017.

The Final pretrial

conference is set for March 23, 2017 at 2:00 pm in Courtroom 2, and Trial shall
commence on May 15, 2017 at 9:00 am in Courtroom 2.

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IT IS SO ORDERED.

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Dated: May 19, 2016

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Troy L. Nunley
United States District Judge

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

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Case No. 1:15-CV-00999-TLN-EPG

STIP AND ORDER TO CONTINUE DISCOVERY AND DISPOSITIVE MTN DEADLINES