Ashely v. Youngblood et al

Filing 96

ORDER GRANTING IN PART 95 Stipulation to Amend Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 10/29/2019. Discovery Deadlines: Non-Expert 3/6/2020; Expert 5/29/2020. Non-Dispositive Motion Deadlines: Filed by 6/12/2020; He aring by 7/10/2020. Dispositive Motion and Motion to Certify Deadlines: Filed by 7/24/2020; Hearing by 8/31/2020. Pretrial Conference CONTINUED to 10/19/2020 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial CONTINUED to 12/14/2020 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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MAHONEY LAW GROUP, APC
KEVIN MAHONEY (SBN 235367)
KATHERINE J. ODENBREIT (SBN 184619)
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[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
SHERIFF DONNY YOUNGBLOOD

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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 GRANTING IN PART

Plaintiff,

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v.

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

(Doc. 95)

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, the parties have been actively advancing this case since the Consent Forms

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were returned in late February 2019 by opt-ins, including exchanging multiple sets of written
discovery, exchanging thousands of pages of documents and data, and identifying viable deposition
dates;
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Stipulation Amending Scheduling Order; [Proposed]
Order

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

WHEREAS, the parties are presently meeting and conferring over Defendant’s pending

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discovery responses to attempt to avoid seeking Court intervention;

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WHEREAS, Attorney Briana Kim is currently on maternity leave for a couple of months
and will be unavailable;

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WHEREAS, the parties have not yet been able to coordinate deposition dates in light of the
pending written discovery issues that need to first be resolved;

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WHEREAS, the parties therefore believe good cause exists to further amend the Court’s

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Scheduling Order to permit the parties to continue gathering discovery to adequately prepare this

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case for trial;

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IT IS STIPULATED THAT:

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The parties’ deadline to complete all discovery shall be continued from November 8, 2019

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to August 10, 2020, or to a later date the Court deems appropriate and convenient. The parties’

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deadline to disclose all expert witnesses, in writing, shall be continued from November 23, 2019 to

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August 24, 2020, or to a later date the Court deems appropriate and convenient. The parties’

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deadline to disclose all expert rebuttal witnesses, in writing, shall be continued from December 14,

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2019 to August 24, 2020. The parties’ deadline to complete all discovery pertaining to experts

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shall be continued from January 6, 2020 to October 6, 2020, or to a later date the Court deems

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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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January 17, 2020 (filing) and February 18, 2020 (hearing) to October 19, 2020 (filing) and

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November 18, 2020 (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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February 25, 2020 to November 25, 2020, 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 April 7, 2020 to January 7, 2021, or to a later date the Court deems appropriate and

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convenient.

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Stipulation Amending Scheduling Order; [Proposed]
Order

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

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The Pre-Trial Conference shall be continued from May 19, 2020 at 10:00 a.m. to January

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19, 2021, or to a later date the Court deems appropriate and convenient. Trial shall be continued

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from August 24, 2020 at 8:30 a.m. to May 24, 2021, or to a later date the Court deems appropriate

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and convenient.

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IT IS SO STIPULATED.
Dated: October 25, 2019

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MAHONEY LAW GROUP, APC

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By: /s/ Katherine J. Odenbreit (as authorized on 10.25.19)
KATHERINE J. ODENBREIT

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Attorneys for Plaintiff
DARREN WONDERLY

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Dated: October 25, 2019

JACKSON LEWIS P.C.
By: /s/ Nathan W. Austin
NATHAN W. AUSTIN
EVAN D. BEECHER
Attorneys for Defendant
SHERIFF DONNY YOUNGBLOOD

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Stipulation Amending Scheduling Order; [Proposed]
Order

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

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ORDER

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Though the parties report that they have an ongoing discovery dispute and have failed to set

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and take depositions, they offer no explanation about these issues and offer no discussion why the

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case schedule should be modified as dramatically as they suggest. Likewise, they do not

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acknowledge that the Court has already amended the case schedule several times when the prior

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attorney handled the case and once after current counsel took over. This case has lingered in this

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Court for three years and this is far too long. Thus, the Court GRANTS the stipulation IN PART

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as follows:

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1.

The parties SHALL complete all non-expert discovery no later than March 6,

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The parties SHALL disclose experts no later than March 23, 2020 and rebuttal

2020;

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experts no later than April 20, 2020. The parties SHALL complete all non-expert discovery no

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later than May 29, 2020;

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3.

The parties SHALL file non-dispositive motions, if any, no later than June 12,

2020 and they will be heard no later than July 10, 2020.

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4.

The parties SHALL file dispositive motions and motions to certify the collection

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under the FLSA, no later than July 24, 2020 and they will be heard no later than August 31,

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2020.

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5.

The pretrial conference is CONTINUED to October 19, 2020 at 9:30 a.m.

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6.

The trial is CONTINUED to December 14, 2020 at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

October 29, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation Amending Scheduling Order; [Proposed]
Order

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