Johnson v. Republic Services, Inc. et al

Filing 17

JOINT STIPULATION TO CONTINUE NON-TRIAL RELATED DATES AND ORDER, signed by Magistrate Judge Michael J. Seng on 9/16/2016. (Kusamura, W)

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ERIC C. BELLAFRONTO, Bar No. 162102
JOSE MACIAS, JR., Bar No. 265033
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone: [phone]
Facsimile: 408.288.5686
Attorneys for Defendants
REPUBLIC SERVICES, INC. AND
ALLIED WASTE SERVICES OF NORTH
AMERICA, LLC
Eric P. Oren, Bar No. 106129
LAW OFFICES OF ERIC P. OREN, INC.
225 West Shaw Avenue, Suite 105
Kern, California 93704
Tel: [phone] (Kern)
Tel: [phone] (Bakersfield)
Facsimile: [phone]
Attorneys for Plaintiff, CHARLES
JOHNSON

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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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CHARLES JOHNSON,
Plaintiff,

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v.

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REPUBLIC SERVICES, INC.,
ALLIED WASTE SERVICES OF
NORTH AMERICA, LLC and
DOES 1 through 50, inclusive,

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Case No. 1:15-cv-01447-DAD-MJS
JOINT STIPULATION TO
CONTINUE NON-TRIAL RELATED
DATES AND ORDER THEREON
Magistrate Judge: Michael Seng
Judge: Hon. Dale A. Drozd

Defendant.

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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-01447-DAD-MJS)

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JT STIP TO CONT NON-TRIAL DATES

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Plaintiff Charles Johnson (“Plaintiff”), on the one hand, and Defendants

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Republic Services, Inc. and Allied Waste Services of North America, LLC

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(“Defendants”) on the other, by and through their respective counsel of record, hereby

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stipulate and agree as follows:

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WHEREAS, on March 31, 2016, a Scheduling Conference was held and

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dates were set including a discovery cut off, expert disclosure deadlines, non-

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dispositive and dispositive motion deadlines, a Final Pretrial Conference on April 10,

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2017, and a five day Jury Trial on May 31, 2017;

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WHEREAS, the Parties have been diligently engaging in written

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discovery and plan on taking the depositions of Plaintiff and Defendants’ Company

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witnesses in September and October of 2016;

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WHEREAS, the Parties would like a short continuance of approximately

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six (6) weeks on all discovery-related deadlines and a short continuance of one month

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on the deadline to file any dispositive motions in order to allow them to adequately

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complete discovery;
WHEREAS, the requested short continuance will not impact the Final

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Pretrial Conference or Jury Trial date;
WHEREAS, counsel for the Parties are working collaboratively to move

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the case along efficiently;
WHEREAS, this is the first continuance requested by the Parties and no

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Party will suffer prejudice as a result of the proposed short continuance;
NOW, THEREFORE, Plaintiff and Defendants, by and through their

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attorneys of record, hereby stipulate that the below dates be continued as follows:

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EVENT

OLD DEADLINE

NEW DEADLINE

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Non-Expert Discovery Cutoff

October 18, 2016

November 29, 2016

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Expert Discovery Cutoff

November 18, 2016

December 30, 2016

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Expert Disclosure Filing

October 1, 2016

November 11, 2016

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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-01447-DAD-MJS)

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JT STIP TO CONT NON-TRIAL DATES

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Expert Disclosure Rebuttal

October 18, 2016

November 29, 2016

Non-Dispositive Motion

November 18, 2016

December 30, 2016

January 6, 2017

February 6, 2017

Deadlines (filing*)
Dispositive Motion Deadline
(filing*)
Dispositive Motion Hearing Date February 21, 2017

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Any date in March
2017

IT IS SO STIPULATED.

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DATED: August 29, 2016

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/s/ Eric P. Oren
ERIC P. OREN
Attorney for Plaintiff,
CHARLES JOHNSON

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Respectfully submitted,

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DATED: August 29, 2016

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/s/ Eric C. Bellafronto
ERIC C. BELLAFRONTO
JOSE MACIAS, JR.
Attorneys for Defendants,
REPUBLIC SERVICES, INC. AND
ALLIED WASTE SERVICES OF NORTH
AMERICA, LLC

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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-01447-DAD-MJS)

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JT STIP TO CONT NON-TRIAL DATES

ORDER

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Counsel for the Parties in the above-captioned action submitted a Joint

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Stipulation to Continue all Non-Trial Related Deadlines.
After consideration of the papers submitted, the Court remains unclear as

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to the proposed deadline for the hearing, if any, on dispositive motions.

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Stipulation calls for a hearing “Any date in March 2017”. If the parties do indeed

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intend to move the hearing on dispositive motions to any date beyond February 21,

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2017, that hearing would encroach upon the absolute minimum six week period

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between such a hearing and the pretrial conference, and the pretrial and trial dates

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The

would need be modified.

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Accordingly, the Court declines to adopt the parties’ Stipulation. The parties

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may resubmit a stipulation that addresses the foregoing. Until further Order of the

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Court, all dates and deadlines remain as set (ECF No. 15.)

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IT IS SO ORDERED.

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Dated:

September 16, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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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-01447-DAD-MJS)

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JT STIP TO CONT NON-TRIAL DATES