Ashely v. Youngblood et al

Filing 70

STIPULATION and ORDER 69 Amending the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 6/20/2018. New counsel for plaintiff shall file notice of appearance or substitution of attorney by 7/9/2018. Discovery Deadlines: Non-exp ert 5/2/2019; Expert 6/28/2019. Non-Dispositive Motion Deadlines: Filed by 7/11/2019; Hearing by 8/9/2019. Dispositive Motion Deadlines: Filed by 8/9/2019; Hearing by 9/16/2019. Pretrial Conference CONTINUED to 11/13/2019 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial CONTINUED to 1/13/2020 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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GREGORY G. PETERSEN
A LAW CORPORATION
GREGORY G. PETERSEN (SBN 77744)
1700 E. Garry Avenue, Suite 101
Santa Ana, California 92705
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Plaintiff
MARK ASHELY
JACKSON LEWIS P.C.
NATHAN W. AUSTIN (SBN 219672)
EVAN D. BEECHER (SBN 280364)
400 Capitol Mall, Suite 1600
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK ASHELY, INDIVIDUALLY AND ON
BEHALF OF THOSE SIMILARLY
SITUATED,

STIPULATION AMENDING
SCHEDULING ORDER; [PROPOSED]
ORDER

Plaintiffs,

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v.

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CASE NO. 1:16-cv-01638-LJO-JLT

(Doc. 69)

SHERIFF DONNY YOUNGBLOOD, et al.
Defendants.

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The parties to the above-captioned action, by and through their attorneys of record, hereby

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enter into the below stipulation with regard to the following facts and circumstances:
WHEREAS, Plaintiff’s counsel has been substantially incapacitated due to unavoidable

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surgeries, pneumonia, and hospitalizations;

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Stipulation Amending Schedule Order; [Proposed]
Order

Mark Ashely, et al. v. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-LJO-JLT

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WHEREAS, the Court amended the Scheduling Order on January 8, 2018 and identified

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that the new deadline for the stipulated notice as January 16, 2018, the mailing of such notices as

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February 6, 2018, the deadline to opt-in as April 22, 2018, and the Mid-Discovery Status

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Conference as April 23, 2018;

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WHEREAS, Plaintiff’s counsel’s health had prevented the parties from complying with the

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Court’s amended Scheduling Order. See Docket No 60 (Notice of Unavailability explaining

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Plaintiff’s counsel’s health concerns).

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WHEREAS, on May 8, 2018, the Court Approved the Notice of Eligibility to Participate in

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a Collective Action and Consent form and Ordered them to be mailed no later than May 25, 2018.

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See Docket No. 68;

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WHEREAS, Plaintiff’s counsel’s health has further declined, resulting in further hospital

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stays and the decision to hire or associate with other counsel to assist in the prosecution of this case;

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WHEREAS, the Parties have been unable to comply with the Court’s May 8, 2018 Order

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Granting Final Approval of The Notice of Eligibility to Participate in a Collective Action and

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Consent Form for the above stated reasons;
WHEREAS, the parties believe good cause exists to further amend the Court’s Scheduling

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Order due to long delays in ascertaining the potential class and conducting class discovery;

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IT IS STIPULATED THAT:

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Notice of Potential Opt-in Plaintiffs: The parties shall revise the Notice and Consent Form

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to indicate that potential class members must opt-in no later than September 12, 2018 (not the

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August 8, 2018 date originally approved by the Court). The parties shall mail the Notice and

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Consent Form to potential class members no later than July 2, 2018. Any individuals seeking to

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opt-in to the action must complete and file the consent form no later than September 12, 2018.

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The parties’ vacated Mid-Discovery Status Conference shall be continued from April 23,

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2018 at 8:30 a.m. to December 23 at 8:30 a.m., or to a later date the Court deems appropriate and

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convenient.

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The parties’ deadline to complete all discovery shall be continued from August 31, 2018 to
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Stipulation Amending Schedule Order; [Proposed]
Order

Mark Ashely, et al. v. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-LJO-JLT

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May 2, 2019, or to a later date the Court deems appropriate and convenient. The parties’ deadline

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to disclose all expert witnesses, in writing, shall be continued from September 14, 2018 to May 16,

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2019, or to a later date the Court deems appropriate and convenient. The parties’ deadline to

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complete all discovery pertaining to experts shall be continued from October 26, 2018 to June 28,

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2019, or to a later date the Court deems appropriate and convenient.

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The deadline to file non-dispositive motions and have them heard shall be continued from

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November 9, 2018 (filing) and December 7, 2018 (hearing) to July 11, 2019 (filing) and August 9,

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2019 (hearing), or to a later date the Court deems appropriate and convenient.

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The deadline to file dispositive motions and class certification shall be continued from

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December 17, 2018 to August 9, 2019, or to a later date the Court deems appropriate and

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convenient. The deadline for hearing on dispositive motions and class certification shall be

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continued from January 28, 2019 to September 30, 2019, or to a later date the Court deems

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appropriate and convenient.

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The Pre-Trial Conference shall be continued from March 11, 2019 at 10:00 a.m. to

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November 13, 2019 at 10:00 a.m., or to a later date the Court deems appropriate and convenient.

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Trial shall be continued from May 13, 2019 at 8:30 a.m. to January 30, 2020 at 8:30, or to a later

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date the Court deems appropriate and convenient.

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IT IS SO STIPULATED.
Dated: June 19, 2018

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By: s/ Gregory G. Petersen (as authorized on 06.19.18)
GREGORY G. PETERSEN

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GREGORY G. PETERSEN
A Law Corporation

Attorneys for Plaintiff
DARREN WONDERLY
Dated: June 20, 2018

JACKSON LEWIS P.C.

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By: s/ Nathan W. Austin
NATHAN W. AUSTIN
EVAN D. BEECHER

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Attorneys for Defendant
Sheriff Donny Youngblood

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Stipulation Amending Schedule Order; [Proposed]
Order

Mark Ashely, et al. v. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-LJO-JLT

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ORDER

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Based upon the stipulation of counsel, the Court ORDERS:

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1.

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New counsel for the plaintiff SHALL file a notice of appearance or substitution of

attorney no later than July 9, 2018;

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2.

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The case schedule is amended as follows:
a.

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The Parties SHALL revise the Notice and Consent Form to indicate that
potential class members must opt-in no later than September 12, 2018;

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b.

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The parties SHALL mail the Notice and Consent Form to potential class
members no later than July 2, 2018;

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c.

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The parties’ SHALL complete all non-expert discovery no later than May
2, 2019;

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d.

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The parties’ SHALL disclose all expert witnesses1, in writing no later than
May 16, 2019 and complete all expert discovery no later than June 28, 2019;

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e.

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Non-dispositive motions SHALL be filed no later than July 11, 2019 and
heard no later than and heard no later than August 9, 2019;

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f.

Dispositive motions and the motion for certification of the collective action

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SHALL be filed by August 9, 2019 and heard no later than September 16,

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2019;

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g.

The pretrial conference is continued to November 13, 2019 at 10:00 a.m.;

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h.

The trial is continued from May 13, 2019 at 8:30 a.m. to January 13, 2020 at

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8:30 a.m.

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IT IS SO ORDERED.
Dated:

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June 20, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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It appears the parties have forewent rebuttal experts.

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Stipulation Amending Schedule Order; [Proposed]
Order

Mark Ashely, et al. v. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-LJO-JLT