Tenorio et al v. Gallardo et al

Filing 87

ORDER GRANTING 85 Stipulation to Amend the Case Schedule, signed by Magistrate Judge Jennifer L. Thurston on 11/20/2017. Non-expert discovery due by 2/1/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUCARIA TENORIO, et al.,
Plaintiff,

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v.
GABRIEL GALLARDO SR., et al.,
Defendant.

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Case No.: 1:16-cv-00283 - DAD - JLT
ORDER GRANTING THE STIPULATION TO
AMEND THE CASE SCHEDULE
(Doc. 85)

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On November 16, 2017, the parties1 submitted a stipulation to amend the case schedule,

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proposing the non-expert discovery deadline be extended from December 1, 2017 to February 1, 2018.

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(Doc. 85) The reason for the stipulation is that “critical discovery ordered by the Court has still not

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been produced.” (Id. at 2)

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In the stipulation, the parties note: “Defendants Silvia Gallardo, Gabriel Gallardo and Manuel

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Gallardo (‘Gallardo Defendants’) were ordered by the Court to produce records of other aggrieved

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employees. The Gallardo Defendants have failed to comply but have repeatedly indicated their

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intention to do so.” (Doc. 85 at 2) Plaintiffs have filed motions for sanctions for the failure to

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The document indicates that it “is submitted by Plaintiffs Lucaria Tenorio, Francisco Viera, Abel Miranda,
Pascuala Saucedo, Cristino Santiago, Lucia Torres, Antonio Torres, Teresa Miranda, Irma Castañeda, Ezequiel Aguilar,
Maria Teresa, Carlos Pedro, Artemio Santiago, and Maria de Jesus ([the] “Plaintiffs”), and Defendants and Cross-Claimant
Nazar Kooner, Pawan Kooner, Hardeep Kaur, through their respective counsel of record; and by Defendants and CrossClaimants Silvia Gallardo, Gabriel Gallardo, Sr., and Manuel Gallardo.” (Doc. 85 at 2) However, the Gallardos did not
sign the stipulation, and it is unclear whether they consent to the continued deadline.

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comply with the Court’s orders, which are set for hearing on December 1, 2017—the same date as the

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current deadline for non-expert discovery. Plaintiffs contend they intend to depose the Gallardo

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defendants following the receipt of the documents, and they will be unable to do if the discovery

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deadline is not extended. (Id. at 3) Further, “[b]ecause of the upcoming holidays, trial schedules of

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counsel, and the difficulty both communicating with and serving the Gallardo Defendants,” the parties

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request the deadline be extended to February 1, 2018. (Id. at 4)

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Good cause appearing, and based upon the stipulation of the parties, the Court ORDERS:

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1.

The parties SHALL complete non-expert discovery on or before February 1, 2018; and

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2.

No further modifications of the schedule are authorized at this time.

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IT IS SO ORDERED.
Dated:

November 20, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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