Singh v. US Commercial Freight Inc. et al

Filing 35

REVISED THIRD STIPULATION and ORDER GRANTING JOINT REQUEST TO EXTEND DEADLINES AND TRIAL DATE. Non-expert discovery deadline: 11/1/2017. Expert disclosures: 11/6/2017. Rebuttal expert disclosures: 12/4/2017. Expert discovery deadline: 1/2 /2018. Non-dispositive motion filing deadline: 12/8/2017. Non-dispositive motion hearing deadline: 1/10/2018. Dispositive motion filing deadline: 12/8/2017. Dispositive motion hearing deadline: 1/24/2018. Settlement Conference set for 11/3 0/2017, at 01:00 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Pretrial Conference set for 3/28/2018, at 02:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Trial set for 5/22/2018, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 8/11/2017. (Timken, A)

1 DANIEL P. SCHRADER, State Bar No. 145670
JUDIEE L. PINKERTON, State Bar No. 252218
2 MICHAEL J. BELER, State Bar No. 288568
WFBM, LLP
3 601 Montgomery Street, Ninth Floor
San Francisco, California 94111-2612
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants
6 U.S. Commercial Freight, Inc.; Yuriy
Stefanyshyn and Pavel Klimovich
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

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NAVTEJ SINGH,

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Plaintiff,
v.

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U.S. COMMERCIAL FREIGHT INC.
15 et al.,
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Defendants.

Case No. 1:16-cv-00617-SKO
REVISED THIRD STIPULATION
AND ORDER GRANTING JOINT
REQUEST TO EXTEND
DEADLINES AND TRIAL DATE
(Doc. 33)
Magistrate Judge Sheila K. Oberto
Trial Date:

March 20, 2017

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Plaintiff Navtej Singh ("Plaintiff") and Defendants U.S. Commercial Freight,

22 Inc., Yuriy Steganyshyn and Pavel Klimovich ("Defendants") (collectively, the
23 "Parties"), by and through their respective counsel of record, agree that a continuance
24 of the trial date, settlement conference, pretrial conference, and all other trial-related
25 dates and deadlines (including the fact and expert discovery cut-off) is appropriate and
26 in the best interest of the Parties. The trial is currently scheduled to commence on
27 March 20, 2018, the settlement conference is currently set to take place on September

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28 21, 2017, and the pretrial conference is currently set to take place on January 24, 2018.
Case No. 1:16-cv-00617-SKO
-6REVISED THIRD STIPULATION AND ORDER GRANTING JOINT REQUEST TO EXTEND DEADLINES AND
TRIAL DATE

1 The Parties propose that the trial date be continued to May 21, 2018, or soon thereafter.
2 The Parties also propose that all previously ordered trial-related dates and deadlines
3 (including the fact and expert discovery cut-off) be vacated and re-set based on the new
4 proposed dates.
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The following good cause exists for a continuation of the trial date, settlement

6 conference, pretrial conference and all trial-related dates and deadlines (including
7 the fact and expert discovery cut-off):
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1.

This is the Parties third request for a trial continuance. The first request

9 was made on January 30, 3017. The second request was made on April 19, 2017.
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2.

Good cause exists for the requested extensions because the Parties have

TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

11 agreed to a global mediation in this matter. The mediation date is tentatively
12 scheduled for September 7, 2017. The Parties are hopeful that the case can be
13 resolved at mediation; however, should settlement not be reached, the Parties will
14 need additional time to take expert depositions and prepare dispositive motions.
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3.

To avoid potential prejudice to the Parties' efforts at informal

16 resolution, the Parties have agreed to stipulate to a continuance of the trial date, and
17 all trial-related dates and deadlines (including the fact and expert discovery cut-off);
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4.

A continuance of the trial date and all trial-related dates and deadlines

19 (including the fact and expert discovery cut-off) in these circumstances will result in
20 no prejudice to the Parties or to the court;
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5.

Conversely, without a continuance, because of the current deadlines,

22 the Parties will be required to prepare this matter for trial even though neither the
23 Parties nor their counsel have fruitfully completed discovery, thus counsel for the
24 Parties cannot determine the value of the Plaintiff's claim in this litigation; and
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6.

Furthermore, preparing this matter for trial while discovery is still

26 ongoing and with a pending mediation date scheduled will not promote judicial
27 economy and is a waste of fees, expenses and the Parties' resources, especially since

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28 trial preparation, including the depositions of expert witnesses for both parties, will
Case No. 1:16-cv-00617-SKO
-2REVISED THIRD STIPULATION AND ORDER GRANTING JOINT REQUEST TO EXTEND DEADLINES AND
TRIAL DATE

1 occur even though a successful mediation in this case is a real possibility.
2 Therefore, continuing the trial date will benefit all Parties and the court.
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IT IS STIPULATED by and between Plaintiff and Defendants, by and

4 through their respective counsel, that:
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(1)

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September 1, 2017 to November 1, 2017;

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(2)

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(3)

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SAN FRANCISCO, CALIFORNIA 94111-2612

the deadline to complete supplemental expert disclosures is
EXTENDED from October 3, 2017 to December 4, 2017 ;

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Walsworth

the deadline to complete expert disclosures is EXTENDED from
September 6, 2017 to November 6, 2017;

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601 MONTGOMERY STREET, NINTH FLOOR

the deadline to complete non-expert discovery is EXTENDED from

(4)

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the deadline to complete expert discovery is EXTENDED from
November 2, 2017 to January 2, 2018;

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(5)

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the deadline to file non-dispositive motions is EXTENDED from
October 9, 2017 to December 8, 2017;

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(6)

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the deadline to for the hearing on non-dispositive motions is
EXTENDED from November 7, 2017 to January 8, 2017;

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(7)

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the deadline to file dispositive motions is EXTENDED from October
9, 2017 to December 8, 2017;

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(8)

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the deadline for the hearing on dispositive motions is EXTENDED
from November 21, 2017 to January 22, 2018;

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(9)

the settlement conference currently scheduled for September 21, 2017

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in Courtroom 6 before the Honorable Michael J. Seng is continued; the

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Parties request that a settlement conference be scheduled sometime in

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late November 2017 or early December 2017;

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(10) the pre-trial conference currently scheduled for January 24, 2018 is

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continued; the Parties request that a pre-trial conference be scheduled

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sometime between March 26, 2018 and April 13, 2018; and

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Case No. 1:16-cv-00617-SKO
-3REVISED THIRD STIPULATION AND ORDER GRANTING JOINT REQUEST TO EXTEND DEADLINES AND
TRIAL DATE

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(11) the trial date currently scheduled for March 20, 2018 is continued; the
Parties request that a trial date of May 21, 2018, or soon thereafter.

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4 Dated: August 9, 2017

WFBM, LLP

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By:

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TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

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/s/ Daniel Schrader
DANIEL P. SCHRADER
JUDIEE L. PINKERTON
MICHAEL J. BELER
Attorneys for Defendants
U.S. Commercial Freight, Inc.; Yuriy
Stefanyshyn and Pavel Klimovich

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13 Dated: August 9, 2017

SODHI LAW GROUP

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By:

/s/ Jakrun Sodhi
JAKRUN S. SODHI
Attorneys for Plaintiff
NAVTEJ SINGH

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Case No. 1:16-cv-00617-SKO
-4REVISED THIRD STIPULATION AND ORDER GRANTING JOINT REQUEST TO EXTEND DEADLINES AND
TRIAL DATE

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ORDER
Based on the parties’ above stipulation (Doc. 33), and for good cause shown,

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3 it is HEREBY ORDERED that the Order Granting Parties’ Second Request to
4 Extend Scheduling Dates and Deadlines (Doc. 24) is MODIFIED as follows:
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EVENT

CURRENT DATE

NEW DATE

September 6, 2017

November 6, 2017

Rebuttal expert disclosures

October 3, 2017

December 4, 2017

Expert discovery deadline

November 2, 2017

January 2, 2018

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TEL [phone] • FAX [phone]

Expert disclosures

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SAN FRANCISCO, CALIFORNIA 94111-2612

November 1, 2017

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Walsworth

Non-expert discovery deadline September 1, 2017

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601 MONTGOMERY STREET, NINTH FLOOR

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Non-dispositive motion filing
deadline
Non-dispositive motion
hearing deadline
Dispositive motion filing

October 10, 2017

December 8, 2017

November 8, 2017

January 10, 20181

October 10, 2017

December 8, 2017

November 29, 2017

January 24, 20182

Settlement Conference

September 21, 2017

Final Pretrial Conference

January 24, 2018

November 30, 2017 at
1:00 p.m. in Courtroom 6
before United States
Magistrate Judge Michael
J. Seng
March 28, 2018 at 2:30
p.m.

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deadline

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Dispositive motion hearing

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deadline

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The parties proposed Monday, January 8, 2017 [sic], as the hearing date for non-dispositive motions,
but since Magistrate Judge Oberto’s law and motion calendar is set on Wednesdays, the date has been
25 adjusted to the following Wednesday.
The parties proposed Monday, January 22, 2018, as the hearing date for dispositive motions, but
27 since Magistrate Judge Oberto’s law and motion calendar is set on Wednesdays, the date has been
adjusted to the following Wednesday.

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Case No. 1:16-cv-00617-SKO
-6REVISED THIRD STIPULATION AND ORDER GRANTING JOINT REQUEST TO EXTEND DEADLINES AND
TRIAL DATE

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Trial

May 22, 2018 at 8:30
a.m.3

March 20, 2018

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3 IT IS SO ORDERED.
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Dated: August 11, 2017
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/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

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The parties proposed Monday, May 21, 2018, as the trial date, but since Magistrate Judge Oberto’s
trial calendar is set on Tuesdays, the date has been adjusted to the following Tuesday.
Case No. 1:16-cv-00617-SKO
-2REVISED THIRD STIPULATION AND ORDER GRANTING JOINT REQUEST TO EXTEND DEADLINES AND
TRIAL DATE