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

Filing 180

JOINT STIPULATION and ORDER RE Non-Party Deposition After Non-Expert Discovery Cutoff signed by Magistrate Judge Barbara A. McAuliffe on 2/25/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY COX,

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

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,

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JOINT STIPULATION AND ORDER RE
NON-PARTY DEPOSITION AFTER
NON-EXPERT DISCOVERY CUTOFF

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Defendant(s).
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ROADRUNNER INTERMODAL
SERVICES, LLC, a Delaware limited
liability company,
Defendant and
CounterPlaintiff,
v.
JEFFREY COX,
Plaintiff and CounterDefendant.

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

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Plaintiff,
v.

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

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JOINT STIPULATION AND ORDER RE NON-PARTY DEPOSITION AFTER NON-EXPERT
DISCOVERY CUTOFF

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Roadrunner Intermodal Services, LLC, T.G.S. Transportation, Inc., and Mr. Jeffrey Cox

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(collectively, the “Parties”) hereby jointly ask that the Court grant leave for Roadrunner to conduct

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a deposition of non-party Expeditors International of Washington, Inc. (“Expeditors”) on March 8,

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2019, after the discovery cutoff set in the Court’s May 25, 2018, Scheduling Conference Order (the

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“Order”) (ECF No. 111). In support of this Joint Stipulation, the Parties state as follows:

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1.

On May 25, 2018, the Court issued the Order, establishing February 22, 2019, as the

cutoff for non-expert discovery.
2.

On December 4, 2018, Roadrunner served the “Subpoena to Testify at a Deposition

in a Civil Action” (“Subpoena”) attached hereto as Exhibit A on Expeditors—setting a deposition
of Expeditors for January 17, 2019, under Federal Rule of Civil Procedure 30(b)(6).
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On January 3, 2019, Expeditors served Responses to Roadrunner’s Subpoena and

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accompanying Requests for Production of Documents, in which Expeditors indicated that it was not

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available to appear and give testimony on the date set in the Subpoena.

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4.

Roadrunner and Expeditors, thereafter, met and conferred on Expeditors’ availability

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to appear and give testimony on a date before the non-expert discovery cutoff set in the Order and

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tentatively agreed to reschedule Expeditors’ deposition for a date in the week of February 4, 2019.

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5.

On January 22, 2019, Expeditors’ counsel informed Roadrunner’s counsel that she

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had been in an accident, suffered a fractured ankle that required surgery tentatively scheduled for

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January 25, 2019, and would be limited in her ability to travel for a period of weeks after surgery.

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Counsel also indicated that no other attorney was able to appear on behalf of Expeditors.

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6.

Expeditor’s counsel, therefore, requested that Expeditors’ deposition be rescheduled

for March 8, 2019—after the non-expert discovery cutoff set in the Order.
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Roadrunner informed Expeditors it would agree to a March 8, 2019, deposition, and

requested that Expeditors confirm TGS and Mr. Cox’s agreement.
8.

On January 24, 2019, Expeditors’ counsel emailed TGS and Mr. Cox’s counsel and

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requested that they agree to a March 8, 2019, deposition in light of the circumstances, and counsel

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for TGS and Mr. Cox each indicated their agreement via emails sent later that same day.
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JOINT STIPULATION AND ORDER RE NON-PARTY DEPOSITION AFTER NON-EXPERT
DISCOVERY CUTOFF

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9.

Accordingly, the Parties, and Expeditors, are in agreement to hold the deposition of

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Expeditors on March 8, 2019, or on another date as mutually agreed on between all Parties after the

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February 22, 2019 deadline, and therefore, seek a Court Order permitting that deposition to occur

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after the non-expert discovery cutoff set in the Scheduling Conference Order.

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IT IS SO STIPULATED.

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Dated: February 19, 2019

By: /s/ Kurt A. Kappes (authorized on 2/6/19)
James N. Nelson
Kurt A. Kappes
Michael D. Lane
Michelle L. DuCharme
Todd A. Pickles
Attorneys for ROADRUNNER INTERMODAL
SERVICES, LLC and CENTRAL CAL
TRANSPORTATION, LLC

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GREENBERG TRAURIG, LLP

Dated: February 19, 2019

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McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
By: /s/ Scott J. Ivy (authorized on 2/6/19)
Scott J. Ivy
Shane G. Smith
Attorneys for T.G.S. TRANSPORTATION, INC.,
a California corporation

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Dated: February 19, 2019
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SAGASER, WATKINS & WIELAND PC
By: /s/ Christopher M. Rusca (authorized on 2/15/19)
Howard A. Sagaser
Ian B. Wieland
Christopher M. Rusca
Attorneys for JEFFREY COX

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JOINT STIPULATION AND ORDER RE NON-PARTY DEPOSITION AFTER NON-EXPERT
DISCOVERY CUTOFF

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ORDER

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Pursuant to the parties’ stipulation, and good cause appearing, Roadrunner’s request for leave

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to conduct a deposition of non-party Expeditors International of Washington, Inc. on March 8, 2019,

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or on another date as mutually agreed on between all parties in March 2019, after the non-expert

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discovery deadline set in the Court’s Scheduling Conference Order is GRANTED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 25, 2019

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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_

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JOINT STIPULATION AND ORDER RE NON-PARTY DEPOSITION AFTER NON-EXPERT
DISCOVERY CUTOFF