Hale et al v. Ensign United States Drilling (California) Inc. et al

Filing 42

STIPULATION and ORDER 41 Continuing Status Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/30/2016. Status Conference CONTINUED to 8/15/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Joint report due one week before status conference. (Hall, S)

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David J. Cooper, SBN 47615
Vanessa Franco Chavez, SBN 266724
KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 California Ave., Second Floor
Bakersfield, CA 93309
Telephone: [phone]
Facsimile: 661-326-0418
Email:
[e-mail]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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STEPHEN HALE and O’BRIAN RANGEL
Individually, on Behalf of Themselves, and All
Others Similarly Situated,

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Plaintiffs,

Case No. 1:15-cv-01042-JLT
STIPULATION AND PROPOSED
ORDER TO CONTINUE STATUS
CONFERENCE; [PROPOSED] ORDER
(Doc. 41)

v.
ENSIGN UNITED STATES DRILLING
(CALIFORNIA) INC. and ENSIGN UNITED
STATES DRILLING, INC.,

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Defendants.

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This Stipulation is made by and between Plaintiffs STEPHEN HALE and O’BRIAN

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RANGEL (“Plaintiffs”) and Defendants ENSIGN UNITED STATES DRILLING

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(CALIFORNIA), INC. and ENSIGN UNITED STATES DRILLING, INC. (collectively

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“Defendants”) through their attorneys of record in this case, with reference to the following facts:

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1.

On July 7, 2015, Plaintiffs filed this putative class action alleging violations of the

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Worker Adjustment and Retraining Notification Act (“WARN Act”), codified at 29 U.S.C. §

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2101 et seq. and California Labor Code § 1400 et seq. (“Cal-WARN Act”);

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2.

Defendants Ensign United States Drilling, Inc. and Ensign United States Drilling

(California), Inc. answered the Complaint on September 2, 2015;
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On January 14, 2016, Plaintiffs served Defendant Ensign United States Drilling
STIPULATION AND PROPOSED ORDER TO
CONTINUE STATUS CONFERENCE

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(California), Inc. with Plaintiffs’ First Request for Production of Documents;

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Energy Services, Inc. without prejudice;

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On April 18, 2016, the Parties filed a Stipulation to dismiss Defendant Ensign

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On April 21, 2016, the Court issued a Scheduling Order following the Initial

Scheduling Conference on April 20, 2016, in which the Court:

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a. Ordered Defendants to file the motion for summary judgment discussed at the

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Initial Scheduling Conference no later than May 13, 2016, along with a joint

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statement of undisputed facts;

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b. Set two status conferences on July 7, 2016 and on January 13, 2017 and

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ordered the parties to file a joint status conference report one week before each

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conference;

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c. Specified that the joint statement shall outline the discovery that has been

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completed and that which needs to be completed related to the motion for

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summary judgment as well as any impediments to complying with the

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deadlines set forth in this order; and

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d. Ordered the parties to file any motions or stipulations to amend the case

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schedule at least one week before the deadline the parties sought to extend;

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6.

Pursuant to stipulation and consistent with the Court’s April 21, 2016 Scheduling

Order:

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a. The Parties worked together to finalize a joint statement of undisputed facts;

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b. On May 13, 2016, Defendants filed a motion for summary judgment and joint

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statement of undisputed facts. Hearing on such motion is scheduled, per

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stipulation, for November 15, 2016 at 9:30 a.m. in Courtroom 5 before the

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Honorable Dale A. Drozd, United States District Court Judge;

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c. On June 24, 2016, the Parties filed a stipulated protective order;

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d. On June 20, 2016, Defendants commenced discovery limited to the issues

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raised in the motion for summary judgment;

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3FH4678

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STIPULATION AND PROPOSED ORDER TO
CONTINUE STATUS CONFERENCE

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e. The Parties have continued to meet and confer regarding the subject matter and

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scope of discovery, which Defendants have been producing on a rolling

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weekly basis;

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7.

The Parties agree that Defendants’ production of documents is taking longer than

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expected and that they would benefit from additional time to meet and confer regarding the

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appropriate scope of discovery and, if needed, to narrow the scope of discovery disputes that

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cannot be resolved informally and without the Court’s involvement;

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The Parties anticipate they will need to jointly move to postpone the hearing on

Defendants’ motion for summary judgment in order to complete discovery related to that motion,

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but that, given discovery is in its initial phase and that additional time is needed to confer

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regarding potential discovery disputes, it is too early to determine whether the hearing date should

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be adjusted;

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motion schedule is premature;

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Consequently, the Parties agree that a status conference to address discovery and

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For the foregoing reasons, the Parties jointly request that the June 7, 2016 status

conference be continued to August 17, 2016;

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NOW THEREFORE, the Parties stipulate and jointly request that the Court continue the

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July 7, 2016 Status Conference until August 17, 2016, or as soon thereafter as the Court’s

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calendar permits.

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IT IS SO STIPULATED.
Dated: June 30, 2016

Respectfully submitted,

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KLEIN, DENATALE, GOLDNER
COOPER, ROSENLIEB & KIMBALL, LLP

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By:

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__/S/______________________________
VANESSA FRANCO CHAVEZ
Attorneys for Defendants

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3FH4678

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STIPULATION AND PROPOSED ORDER TO
CONTINUE STATUS CONFERENCE

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Dated: June 30, 2016

Respectfully submitted,

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LEVI & KORSINSKY, LLP

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By:

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AS AUTHOIZED ON 6/30/16
_/S/_______________________________

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CHRISTOPHER J. KUPKA
Attorneys for Plaintiffs STEPHEN HALE
and O’BRIAN RANGEL

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3FH4678

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STIPULATION AND PROPOSED ORDER TO
CONTINUE STATUS CONFERENCE

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ORDER

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Based on the Stipulation to Continue the July 7, 2016 Status Conference submitted by the
parties, and good cause appearing, the Court hereby orders that:

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1.

The July 7, 2016 status conference, and all deadlines related thereto, are vacated.

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2.

The Status Conference is continued to August 15, 2016 at 9:00 a.m.

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3.

The parties shall file a joint status report at least one week before the status

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conference.

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IT IS SO ORDERED.
Dated:

June 30, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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3FH4678

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STIPULATION AND PROPOSED ORDER TO
CONTINUE STATUS CONFERENCE