Roadrunner Intermodal Services, LLC v. T.G.S. Transportation, Inc.

Filing 102

Joint STIPULATION and ORDER to Extend Outstanding Pleading and Discovery Deadlines and Stay Discovery. Good cause appearing, the parties stipulation to extend the time to respond to Coxs First Amended Complaint, continue all outstanding discovery de adlines, and stay all other discovery for forty-five (45) days is HEREBY GRANTED as follows:... refer to the pleading re items a-i. IT IS FURTHER ORDERED that the Scheduling Conference currently set for March 29, 2018 is HEREBY CONTINUED toMa y 24, 2018, at 9:30 a.m. in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A revised joint scheduling conference report, carefully prepared and executed by all counsel, shall be electronically filed one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed in Word format to [e-mail]. The parties may appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3190866. If the parties file a notice of settlement prior to the conference, then the conference will be vacated. signed by Magistrate Judge Barbara A. McAuliffe on 3/27/2018. (Herman, H)

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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY COX,
Plaintiff,

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v.

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ROADRUNNER INTERMODAL
SERVICES, LLC, a Delaware limited liability
company, CENTRAL CAL
TRANSPORTATION, LLC, a Delaware
limited liability company, and DOES 1
through 50,

Case Nos.: 1:17-cv-01207-DAD-BAM, 1:17cv-01056-DAD-BAM (consolidated)

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JOINT STIPULATION AND ORDER TO
EXTEND OUTSTANDING PLEADING
AND DISCOVERY DEADLINES AND
STAY DISCOVERY

Defendant(s).

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ROADRUNNER INTERMODAL
SERVICES, LLC, a Delaware limited liability
company,
Defendant and CounterPlaintiff,
v.

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JEFFREY COX,

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Plaintiff and CounterDefendant.

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Counterclaim filed October 10, 2017

ROADRUNNER INTERMODAL SERVICES,
LLC, a Delaware limited liability company,

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Plaintiff,
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v.
T.G.S. TRANSPORTATION, INC., a California
corporation, and DOES 1-10,

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Defendants.
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JOINT STIPULATION AND ORDER TO EXTEND OUTSTANDING PLEADING
AND DISCOVERY DEADLINES AND STAY DISCOVERY

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The Parties respectfully request the Court to extend outstanding pleading and discovery

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deadlines and stay discovery for forty-five (45) days in order to optimize the Parties’ ability to

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reach a negotiated resolution of their disputes at the mediation tentatively scheduled for the week

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of April 23–27, 2018. In support of their stipulation, the Parties state as follows:

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1.

On February 26, 2018, Plaintiff Jeffrey Cox (“Cox”) and Defendants Roadrunner

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Intermodal Services, LLC (“Roadrunner”) and Central Cal Transportation, LLC (“Central Cal”)

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filed a stipulation and proposed order for Cox to file a First Amended Complaint. ECF No. 95.

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2.

On February 27, 2018 and March 2, 2018, the Court entered orders granting Cox

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permission to file a First Amended Complaint and ordering Roadrunner and Central to file a

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response within twenty-one (21) days after filing and service of the First Amended Complaint.

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ECF Nos. 96, 97.

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3.

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T.G.S. Transportation, Inc. (“TGS”) agreed to amend its responses to Roadrunner’s

interrogatories, set one, and requests for production of documents, set one, by March 22, 2018.
4.

TGS further agreed to begin TGS’s production of responsive documents to

Roadrunner’s requests for production of documents, set one, by March 28, 2018.
5.

The Parties agreed to depose the following witnesses on the following dates:

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a. Grace Castaneda and Chris Rodriguez: April 12, 2018;

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b. Tim Schneider: April 25, 2018;

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c. Peter Schneider: April 26, 2018; and

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d. Judy Vijum: May 22, 2018.

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6.

On March 5, 2018, Cox filed a First Amended Complaint. ECF No. 98. The

deadline for Roadrunner and Central Cal to file a response is March 26, 2018. ECF Nos. 96, 97.
7.

On March 12, 2018 TGS propounded interrogatories, set one, and requests for

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production of documents, set one, on Roadrunner. Roadrunner’s current response deadline is

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April 16, 2018.

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8.

On March 21, 2018, the Parties agreed to engage a private mediator and participate

in a mediation the week of April 23–27, 2018.

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JOINT STIPULATION AND ORDER TO EXTEND OUTSTANDING PLEADING
AND DISCOVERY DEADLINES AND STAY DISCOVERY

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9.

The Parties have engaged in discovery in this matter and are currently preparing for

the upcoming mediation.
10.

The Parties anticipate incurring substantial costs associated with pleading and

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discovery efforts between now and the mediation tentatively scheduled for the week of April 23–

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27, 2018, including without limitation costs associated with preparing responses to Cox’s First

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Amended Complaint, the processing and production of electronically-stored information, costs

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associated with resolving disagreements regarding discovery requests, and costs associated with

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depositions and third-party discovery.

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11.

The Parties in good faith believe that deferring until after mediation, if necessary,

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the substantial pleading and discovery costs that will be incurred over the next month will give the

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Parties the best possible chance to resolve their dispute, as such costs directly and adversely affect

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the Parties' ability to reach a settlement.

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12.

Should the Parties defer their document productions and other high-cost discovery

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tasks until, if necessary, after the mediation, they anticipate needing additional time beyond the

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week of April 23–27, 2018 in order to complete discovery and therefore seek to extend the time

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for discovery by a proportionate amount of time to allow preservation of assets that could be used

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to fund a settlement in this matter.

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13.

This joint stipulation was not filed for the purpose of delay, but rather to provide

the Parties the best chance to resolve their disputes at the upcoming mediation.
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WHEREFORE, under Local Rule 144, the Parties respectfully request that the

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Court grant their stipulation to extend the time to respond to Cox’s First Amended Complaint,

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continue all outstanding discovery deadlines, and stay all other discovery for forty-five (45) days

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as follows:

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a. Deadline for TGS to amend its responses to Roadrunner’s interrogatories, set
one, and requests for production of documents, set one: May 7, 2018;
b. Deadline for Roadrunner and Central Cal to respond to Cox’s First Amended
Complaint: May 10, 2018;

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JOINT STIPULATION AND ORDER TO EXTEND OUTSTANDING PLEADING
AND DISCOVERY DEADLINES AND STAY DISCOVERY

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c. Deadline for TGS to substantially comply with its obligation to produce

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documents responsive to Roadrunner’s requests for production of documents,

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set one: May 14, 2018.

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d. Deadline for Roadrunner to respond to TGS’s interrogatories, set one, and
requests for production of documents, set one: May 31, 2018;
e. Grace Castaneda and Chris Rodriguez’s depositions will take place on or after
May 29, 2018 based on party and witness availability;
f. Tim Schneider’s deposition will take place on or after June 11, 2018 based on
party and witness availability;
g. Peter Schneider’s deposition will take place on or after June 11, 2018 based on
party and witness availability;
h. Judy Vijum’s deposition will take place on or after July 6, 2018 based on party
and witness availability; and

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i. All other discovery is stayed forty-five (45) days from the date of this order,

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which includes without limitation, depositions, discovery requests, and third-

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party discovery.

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IT IS SO STIPULATED.

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Dated: March 22, 2018

SAGASER, WATKINS & WIELAND PC

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By:/s/ Ian B. Wieland (as authorized on 03/22/18)
Howard A. Sagaser
Ian B. Wieland
Christopher M. Rusca
Attorneys for Plaintiff and Counter-Defendant,
Jeffrey Cox

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JOINT STIPULATION AND ORDER TO EXTEND OUTSTANDING PLEADING
AND DISCOVERY DEADLINES AND STAY DISCOVERY

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Dated: March 22, 2018

GREENBERG TRAURIG, LLP

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By: /s/ James N. Nelson
James N. Nelson
Kurt A. Kappes
Michael D. Lane
Michelle L. DuCharme
Sean A. Newland
Attorneys for Plaintiff, Counter-Plaintiff and
Defendant ROADRUNNER INTERMODAL
SERVICES, LLC and Defendant CENTRAL CAL
TRANSPORTATION, LLC

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Dated: March 22, 2018

McCORMICK, BARSTOW, SHEPPARD, WAYTE
& CARRUTH LLP

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By: /s/ Scott J. Ivy (as authorized on 03/22/18)
Scott J. Ivy
Shane G. Smith
Attorneys for Defendant, T.G.S.
TRANSPORTATION, INC.,
a California corporation

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ORDER

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Good cause appearing, the parties’ stipulation to extend the time to respond to Cox’s First

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Amended Complaint, continue all outstanding discovery deadlines, and stay all other discovery for

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forty-five (45) days is HEREBY GRANTED as follows:

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a.

Deadline for TGS to amend its responses to Roadrunner’s interrogatories, set one,

and requests for production of documents, set one: May 7, 2018;
b.

Deadline for Roadrunner and Central Cal to respond to Cox’s First Amended

Complaint: May 10, 2018;
c.

Deadline for TGS to substantially comply with its obligation to produce documents

responsive to Roadrunner’s requests for production of documents, set one: May 14, 2018.
d.

Deadline for Roadrunner to respond to TGS’s interrogatories, set one, and requests

for production of documents, set one: May 31, 2018;

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JOINT STIPULATION AND ORDER TO EXTEND OUTSTANDING PLEADING
AND DISCOVERY DEADLINES AND STAY DISCOVERY

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e.

Grace Castaneda and Chris Rodriguez’s depositions will take place on or after May

29, 2018 based on party and witness availability;
f.

Tim Schneider’s deposition will take place on or after June 11, 2018 based on party

and witness availability;
g.

Peter Schneider’s deposition will take place on or after June 11, 2018 based on

party and witness availability;
h.

Judy Vijum’s deposition will take place on or after July 6, 2018 based on party and

witness availability; and
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All other discovery is stayed forty-five (45) days from the date of this order, which

includes without limitation, depositions, discovery requests, and third-party discovery.

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IT IS FURTHER ORDERED that the Scheduling Conference currently set for March 29,

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2018 is HEREBY CONTINUED to May 24, 2018, at 9:30 a.m. in Courtroom 8 (BAM) before

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Magistrate Judge Barbara A. McAuliffe.

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carefully prepared and executed by all counsel, shall be electronically filed one (1) full week prior

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to the Scheduling Conference, and a copy shall be e-mailed in Word format to

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[e-mail]. The parties may appear at the conference by telephone with each

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party using the following dial-in number and access code: dial-in number 1-877-411-9748;

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access code 3190866. If the parties file a notice of settlement prior to the conference, then the

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conference will be vacated.
IT IS SO ORDERED.

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Dated:

March 26, 2018

A revised joint scheduling conference report,

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION AND ORDER TO EXTEND OUTSTANDING PLEADING
AND DISCOVERY DEADLINES AND STAY DISCOVERY