Wesley v. JBT Transport, Inc., et al.

Filing 14

STIPULATION and ORDER MODIFYING Scheduling Conference Order. Non-Expert Discovery Cutoff: 6/29/2018. Expert Disclosure: 7/6/2018. Rebuttal Expert Disclosure: 7/20/2018. Expert Discovery Cutoff: 8/10/2018. Non-Dispositive Motion Filing Deadline: 8/14/2018. Dispositive Motion Filing: 8/21/2018. Settlement Conference set for 11/20/2018, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pretrial Conference set for 12/17/2018, at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial (6-8 days) set for 2/26/2019, at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Sheila K. Oberto on 1/19/2018. (Timken, A)

Kevin G. Little, SBN 149818
1 Michelle L. Tostenrude, SBN 290121
THE LAW OFFICE OF KEVIN G. LITTLE
2 P.O. Box 8656
Fresno, California 93747
3 Tel: [phone]
Fax: [phone]
4 [e-mail]
5 Attorneys for Plaintiff,
DORIAN WESLEY
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Daniel T. Clifford, SBN 227632
7 CLIFFORD & BROWN
A PROFESSIONAL CORPORATION
8 Bank of America Building
1430 Truxton Avenue, Suite 900
9 Bakersfield, California 93301-5230
Tel.: [phone]
10 Fax: [phone]
[e-mail]
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Attorneys for Defendants,
12 PANNU SINGH and JBT TRANSPORT, INC.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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16 DORIAN WESLEY,

Case No. 1:16-cv-01916-DAD-SKO

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JOINT STIPULATION AND ORDER
MODIFYING SCHEDULING
CONFERENCE ORDER

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Plaintiff,
v.

19 JBT TRANSPORT, INC. PANNU SIGHN,
DOES 1-20, ,
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Defendant.
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(Doc. 13)
Judge: Hon. Sheila K. Oberto

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STIPULATION

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1.

The parties hereto, through their respective attorneys of record, stipulate and agree,

in the above-entitled matter, to further amend the Scheduling Conference Order.
2.

WHEREAS the Parties have completed some, but not all, percipient witness

depositions in Lafayette, Louisiana. It is anticipated that further depositions will be necessary
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STIPULATION AND ORDER MODIFYING SCHEDULING CONFERENCE ORDER

1 prior to the case being ready for trial;
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3.

WHEREAS the respective trial calendars for counsel for plaintiff and counsel for

3 defendant have prevented the Parties from completing all necessary discovery;
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4.

WHEREAS the Parties have agreed to mediate the above-captioned action. The

5 Parties are in the process of selecting a mediator now;
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5.

WHEREAS the Parties have agreed to suspend further discovery and the

7 preparation of case dispositive motions as a cost saving measure until such time as this matter is
8 submitted to mediation;
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6.

WHEREAS a continuance of the pending case deadlines set forth in the operative

10 scheduling order is necessary to effectuate the Parties agreement to suspend discovery and the
11 preparation of case dispositive motions until such time as this matter is submitted to mediation;
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7.

WHEREAS the Parties wish to preserve their respective rights to complete

13 discovery and file case dispositive motions should this matter not settle at the upcoming mediation;
14 and
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8.

Based on the forgoing, the Parties believe that good cause exists to amend and

16 continue the current case deadlines in this matter to a date and time that is agreeable to the Court
17 and counsels’ respective calendars.
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9.

On March 30, 2017, the Court, entered its Scheduling Conference Order [Doc. 8].

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10.

Accordingly, the parties hereby stipulate and propose that the Scheduling

20 Conference Order be modified as follows:
Current Dates/Deadlines
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Non-Expert Discovery Cutoff September 15, 2017
n/a
22 Further Status Conference
September 29, 2017
Expert Disclosure
23 Rebuttal Expert Disclosure
October 13, 2017
November 7, 2017
Non-Dispositive Motion
24 Filing Deadline
December 6, 2017
25 Non-Dispositive Motion
Hearing
January 23, 2018 at 10:00
26 Settlement Conference
a.m.
27 Expert Discovery Cutoff
October 27, 2017
November 21, 2017
28 Dispositive Motion Filing

Proposed Dates/Deadlines
July 5, 2018
n/a
July 19, 2018
August 3, 2018
August 28, 2018
September 26, 2018
November 12, 2018 at 10:00
a.m.*
August 22, 2018
September 4, 2018

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING CONFERENCE ORDER

Deadline
January 2, 2017
October 22, 2018
Dispositive Motion Hearing
March 12, 2018 at 1:30 p.m. December 31, 2018
2 Pretrial Conference
May 8, 2018 at 8:30 a.m.
February 25, 2019 at 8:30 a.m.*
Jury Trial (6-8 day estimate)
3 * Both Plaintiff and Defendants’ counsel are available on these dates.
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IT IS SO STIPULATED.

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6 Dated: January 17, 2018
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CLIFFORD & BROWN, a Professional Corporation
/s/ DANIEL T. CLIFFORD
Daniel T. Clifford
Attorneys for Defendants,
JBT TRANSPORT, INC., and PANNU SIGHN
By:

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11 Dated: January 17, 2018
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LAW OFFICES OF KEVIN G. LITTLE
By:

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/s/ KEVIN G. LITTLE
Kevin G. Little
Attorneys for Plaintiff,
DORIAN WESLEY

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING CONFERENCE ORDER

ORDER

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Based on the parties’ above-Stipulation to modify the Court’s Scheduling Order (Doc. 13),

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3 and good cause appearing pursuant to Fed. R. Civ. P. 16(b)(4), the Court hereby GRANTS the
4 Stipulation and modifies its March 30, 2017, Scheduling Order (Doc. 8) as follows:1
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Event

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Current Dates/Deadlines

Non-Expert Discovery Cutoff
Further Status Conference
Expert Disclosure
Rebuttal Expert Disclosure
Non-Dispositive Motion Filing
Deadline
Non-Dispositive Motion
Hearing
Settlement Conference
Expert Discovery Cutoff
Dispositive Motion Filing
Deadline
Dispositive Motion Hearing
Pretrial Conference
Jury Trial (6-8 day estimate)

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September 15, 2017
n/a
September 29, 2017
October 13, 2017
November 7, 2017

Proposed
Dates/Deadlines
June 29, 2018
n/a
July 6, 2018
July 20, 2018
August 14, 2018

December 6, 2017

September 12, 2018

January 23, 2018 at 10:00 a.m.
October 27, 2017
November 21, 2017

November 20, 2018*2
August 10, 2018
August 21, 2018

January 2, 2017
March 12, 2018 at 1:30 p.m.
May 8, 2018 at 8:30 a.m.

October 2, 2018
December 17, 2018
February 26, 2019

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17 IT IS SO ORDERED.
18 Dated:
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January 19, 2018

/s/

Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE

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1

Several of the dates proposed by the parties have been adjusted to allow the Court adequate time to rule on non-

26 dispositive and dispositive motions, and to permit the parties sufficient time to prepare their pretrial submissions and
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to prepare for trial.
2
The parties proposed date of November 12, 2018, for the Settlement Conference is a holiday, and therefore has been
adjusted.

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING CONFERENCE ORDER