Fulfer v. WinCo Holdings, Inc.

Filing 27

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/5/2016 ORDERING that the deadline to file a dispositive motion is CONTINUED to 2/24/2016. The Final Pre-trial Conference is set for 3/23/2017 at 2:00 pm in Courtroom 2, and Trial shall commence on 5/15/2017 at 9:00 am in Courtroom 2. (Zignago, K.)

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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.

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

WINCO FOODS FOUNDATION,
INC., an Idaho Corporation, and
DOES 1 through 100, inclusive,
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
STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE

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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 Order on May 19, 2016, pre-trial
deadlines are as follows:

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 Expert disclosures were on August 22, 2016;

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 Rebuttal expert disclosures were on September 22, 2016;

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 Fact discovery cut-off was on November 22, 2016;

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 Dispositive motions are set for January 12, 2017;

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 Final pretrial conference is set for March 23, 2017; and

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 Trial is set to commence on May 15, 2017;

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WHEREAS, the Parties have completed written discovery;

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WHEREAS, despite their best efforts, the Parties have been unable to

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complete all the necessary depositions, as Plaintiff and/or his counsel are unavailable

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to complete such depositions until January 2017;

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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 complete the necessary depositions, the Parties
jointly request that the dispositive 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 deadline set forth in the Court’s Order [Dkt. 24] by extending the

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following deadline:

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

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE

 Dispositive motions to February 24, 2017

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The dates for the Parties’ Final Pre-Trial Conference and Trial shall
remain unchanged.

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Dated: November 30, 2016

Respectfully submitted,

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/s/Anne Sweeney Jordan
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: November 30, 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

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE

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ORDER

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The court, having considered the Parties’ stipulation to continue

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discovery and dispositive motion deadlines, hereby orders that the deadline to file a

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dispositive motion to February 24, 2016. The Final Pre-trial Conference is set for

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March 23, 2017 at 2:00 pm in Courtroom 2, and Trial shall commence on May 15,

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2017 at 9:00 am in Courtroom 2.

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IT IS SO ORDERED.

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Dated: December 5, 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

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE