Brewer v. Saputo Dairy Foods USA, LLC et al

Filing 22

Stipulation and request to continue discovery deadlines and motion filing and hearing dates in favor of mediation; Order, signed by Magistrate Judge Erica P. Grosjean on 6/1/2017. (Mid-Discovery Status Conference set for 11/13/2017 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean; Non Expert Discovery due by 2/8/2018; Motion for Class Certification filed by 4/3/2018; Opposition to Motion for Class Certification due by 6/12/2018; Reply in support of Motion for Class Certification due by 8/2/2018; Motion for Class Certification Hearing set for 9/4/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd) (Rosales, O)

S. BRETT SUTTON 143107

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JARED HAGUE 251517
[e-mail]
JOSEPH V. MACIAS 273168
[e-mail]
WESLEY CARLSON 298806
[e-mail]
SUTTON HAGUE LAW CORPORATION
6715 N. Palm Avenue, Suite 216
Fresno, California 93704
Telephone: [phone]

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Cory G. Lee, Esq. (SBN 216921)

8 The Downey Law Firm, LLC (Of Counsel)
9595 Wilshire Blvd., Suite 900

9 Beverly Hills, California 90210
Tel:

[phone]
[phone]
Email: [e-mail]

10 Fax:
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Stuart R. Chandler, Esq. (SBN 88969)

12 STUART R. CHANDLER APC
761 E. Locust Avenue, Suite 101

13 Fresno, California 93720
Telephone:

[phone]
[phone]
[e-mail]

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Attorneys for Plaintiff and the proposed Class
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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19 BRANDY BREWER, on behalf of herself and on

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behalf of all other similarly situated individuals,
Plaintiff,
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v.

22 SAPUTO DAIRY FOODS USA, a Delaware
Corporation, SAPUTO CHEESE USA, INC., a

23 Delaware Corporation; and DOES 1-50, inclusive,
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Defendants.

Case No. 1:16-cv-01373-DAD-EPG
STIPULATION AND REQUEST TO
CONTINUE DISCOVERY DEADLINES AND
MOTION FILING AND HEARING DATES
IN FAVOR OF MEDIATION; ORDER

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STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION DEADLINES FOR
MEDIATION
Brewer v. Saputo Dairy Foods, USA et al., 1:16-cv-01373-DAD-EPG

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TO THE HONORABLE COURT:

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Plaintiff Brandy Brewer and Defendants Saputo Dairy Foods USA and Saputo Cheese USA, Inc.,

3 (collectively the “Parties”) hereby stipulate and agree as follows:
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1.

WHEREAS, on or about March 10, 2017, the Parties began discussing the

5 possibility of early mediation before a private mediator to entirely resolve this lawsuit;
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2.

WHEREAS, the Parties have agreed to a Mediation before a respected private

7 mediator, David Lowe, on August 16, 2017;
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3.

WHEREAS, the August 16, 2017 mediation date was the earliest mediation date

9 that could be secured by the Parties on an agree-to mediator’s schedule after inquiring with three different
10 mediators;
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4.

WHEREAS, as a precondition to mediation, the Parties agreed to continue then

12 pending deadlines for the Parties to respond to discovery including a noticed Rule 30 deposition of
13 Plaintiff, two sets of Rule 33 Interrogatories propounded by Defendants, two sets of Rule 34 Document
14 Demands propounded by Defendant, and two sets of Rule 36 Requests for Admissions propounded by
15 Defendant. Additionally, the Parties agreed to defer any discovery motion practice until after the
16 scheduled mediation. Plaintiff previously propounded Rule 33 Interrogatories and Rule 34 Document
17 Demands on Defendants and Defendant previously propounded two sets of Rule 34 Document Demands,
18 but the Parties had yet to meet and confer or move the Court related to that discovery.
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5.

WHEREAS, the Parties have agreed to exchange the information necessary to

20 settlement discussions informally;
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6.

WHEREAS, the Parties’ agreement to pause discovery pending mediation was a

22 precondition to mediation as the Parties seek to avoid the expenses and consumption of resources
23 associated with formal discovery and potential motion practice before the Court;
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7.

WHEREAS, the Court’s December 5, 2016, Scheduling Order, Document No, 14

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a.

Non-Expert Discovery due on 9/8/2017;

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b.

Class Certification Motion filing due on 11/3/17;

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STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION DEADLINES FOR
MEDIATION
Brewer v. Saputo Dairy Foods, USA et al., 1:16-cv-01373-DAD-EPG

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c.

Opposition due on 1/12/18;

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d.

Reply due on 3/2/18;

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e.

Motion Hearing set for 4/3/18 before District Judge Dale A. Drozd.

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WHEREAS, in light of the Parties’ scheduled mediation and request to avoid the

5 expense and consumption of resources associated with formal discovery, the Parties agree and respectfully
6 request the Court vacate the current dates and reset them to:
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a.

Non-Expert Discovery due on or after 2/8/2018;

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b.

Class Certification Motion filing due on or after 4/3/18;

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c.

Opposition due on or after 6/12/18;

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d.

Reply due on or after 8/2/18;

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e.

Motion Hearing set for 9/4/18 or as soon thereafter as practicable for the

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Court’s calendar.

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STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION DEADLINES FOR
MEDIATION
Brewer v. Saputo Dairy Foods, USA et al., 1:16-cv-01373-DAD-EPG

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DATED: __________, 2017

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THE DOWNEY LAW FIRM

By:
Cory G. Lee
Attorneys for Plaintiff Brandy Brewer

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5 DATED: __________, 2017

STUART R. CHANDLER, APC

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By:
Stuart R. Chandler
Attorneys for Plaintiff Brandy Brewer

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10 DATED: __________, 2017

SUTTON HAGUE LAW CORPORATION

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By:
S. Brett Sutton
Jared Hague
Joseph V. Macias
Wesley Carlson
Attorneys for Defendants Saputo Dairy Foods USA, LLC and
Saputo Cheese USA, Inc.

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STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION DEADLINES FOR
MEDIATION
Brewer v. Saputo Dairy Foods, USA et al., 1:16-cv-01373-DAD-EPG

ORDER

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Based on the above stipulation (a fully-executed copy of which is located on the docket as ECF No.

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21) and good cause having been shown therein, the dates set by the Court’s December 5, 2016 Scheduling

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Order (ECF No. 14) are vacated and reset to:

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a. Non-Expert Discovery cutoff date is set for February 8, 2018;

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b. Mid-Discovery status conference is set for November 13, 2017 at 9:30 a.m. in

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Courtroom 10 (EPG);

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c. Motion for class certification shall be filed no later than April 3, 2018;

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d. Opposition to motion for class certification shall be filed no later than June 12, 2018;

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e. Reply in support of motion for class certification shall be filed no later than August 2,

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2018;

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f.

Hearing on the motion for class certification is set for on September 4, 2018 at 9:30

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a.m. in Courtroom 5 (DAD).

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IT IS SO ORDERED.
Dated:

June 1, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION DEADLINES FOR
MEDIATION
Brewer v. Saputo Dairy Foods, USA et al., 1:16-cv-01373-DAD-EPG