Romero v. Agrium, Inc.

Filing 10

STIPULATION and ORDER TO CONTINUE TRIAL AND PRETRIAL DATES: Settlement Conference currently set for 4/2/2019 is re-set for 6/20/2019 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Pretrial Conference currently set for 3/18/2019 is re-set for 6/24/2019 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Jury Trial currently set for 5/18/2019 is re-set for 8/20/2019 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Sheila K. Oberto on 8/31/2018. (Kusamura, W)

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ANTHONY J. DECRISTOFORO, SBN 166171
[e-mail]
KELSEY A. WEBBER, SBN 303721
[e-mail]
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Esquire Plaza
1215 K Street 17th Floor
Sacramento, CA 95814
Telephone:
916.840.3150
Facsimile:
916.840.3159
Attorneys for Defendant AGRIUM, INC. (erroneously sued as
Agrium, Inc. dba Crop Production Services, Inc.)

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JOSHUA F. RICHTEL, ESQ.
TUTTLE & McCLOSKEY
750 E. Bullard, Suite 101
Fresno, CA 93710
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff, RICHARD ROMERO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD ROMERO
Plaintiff,

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v.

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AGRIUM, INC. dba CROP PRODUCTION
SERVICES, INC. and DOES 1-50, inclusive,

Case No. 1:17-cv-01080-DAD-SKO
STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL
DATES
(Doc. 9)

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Defendant.
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Case No. 1:17-cv-01080-DAD-SKO
STIPULATION AND ORDER TO CONTINUE TRIAL AND PRETRIAL DATES

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Defendant AGRIUM, INC. (erroneously sued as Agrium, Inc. dba Crop Production Services,

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Inc.) (“Defendant”) and Plaintiff Richard Romero (“Plaintiff”) (collectively, “Parties”), through their

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counsel of record, hereby agree and stipulate as follows:

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WHEREAS, the Court’s Scheduling Order dated November 15, 2017, initially set the
following dates in this action:

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Event

Date

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Non-Expert Discovery Cut-Off

September 28, 2018

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Expert Disclosures

October 10, 2018

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Rebuttal Expert Disclosures

October 25, 2018

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Expert Discovery

November 15, 2018

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Last day to File Non-Dispositive Motion

November 21, 2018

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Last day to hear Non-Dispositive Motions

December 19, 2018

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Last day to File Dispositive Motion

November 26, 2018

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Hearing on Dispositive Motion

January 7, 2019

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Settlement Conference

April 2, 2019 at 1:00 p.m. Courtroom 10

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Pretrial Conference

March 18, 2019 at 1:30 p.m. Courtroom 5

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Trial

May 14, 2019 at 8:30 a.m. Courtroom 5

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WHEREAS, the Parties have engaged in discovery and have diligently litigated this action;

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WHEREAS, the Parties have agreed to participate in private mediation;

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WHEREAS, the Parties have met and conferred on the subject of continuing the trial, and

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pretrial dates, and stipulate and request that the Court extend the trial and pretrial dates by 90 days

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to allow the Parties sufficient time to schedule and attend mediation, to complete additional

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discovery, if necessary, and to initiate any necessary motion practice;

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WHEREAS, no party has previously requested a continuance of the trial in this case; this is

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the Parties’ first request for a continuance of the trial and related dates; the requested continuance is

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not being sought for the purpose of delay, but rather, to promote the interest of judicial efficiency

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and economy; and no party will be prejudiced by the requested continuance.
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Case No. 1:17-cv-01080-DAD-SKO
STIPULATION AND ORDER TO CONTINUE TRIAL AND PRETRIAL DATES

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ACCORDINGLY, FOR GOOD CAUSE SHOWN, THE PARTIES STIPULATE AND
AGREE AS FOLLOWS:

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The Parties request that the Court grant the [Proposed] Order for Continuance of Trial and

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Pretrial Dates, and continue all dates as set forth in the Amended Schedule of Trial and Pretrial

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Deadlines attached as Exhibit A, or as the Court otherwise deems convenient and appropriate.

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DATED: August 29, 2018

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Kelsey A. Webber
Anthony J. DeCristoforo
Kelsey A. Webber
Attorneys for Defendant AGRIUM, INC.
(erroneously sued as Agrium, Inc. dba Crop
Production Services, Inc.)

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DATED: August 29, 2018

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TUTTLE & MCCLOSKEY
A PROFESSIONAL CORPORATION

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By: /s/ Joshua F. Richtel
JOSHUA F. RICHTEL
Attorneys For Plaintiff RICHARD ROMERO

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ATTESTATION
Pursuant to Local Rule 5-1(i)(1), I attest that concurrence in the filing of this document has
been obtained from the other signator.
DATED: August 29, 2018

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Kelsey A. Webber
Anthony J. DeCristoforo
Kelsey A. Webber
Attorneys for Defendant AGRIUM, INC.
(erroneously sued as Agrium, Inc. dba Crop
Production Services, Inc.)

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Case No. 1:17-cv-01080-DAD-SKO
STIPULATION AND ORDER TO CONTINUE TRIAL AND PRETRIAL DATES

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EXHIBIT A

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Amended Schedule of Trial and Pretrial Dates

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Event

Prior Date

Continued Date

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Non-Expert Discovery Cut-

September 28, 2018

December 28, 2018

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Off

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Expert Disclosures

October 10, 2018

January 16, 2019

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Rebuttal Expert Disclosures

October 25, 2018

January 31, 2019

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Expert Discovery

November 15, 2018

February 21, 2019

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Last day to File Non-

November 21, 2018

February 27, 2019

December 19, 2018

March 27, 2019

November 26, 2018

March 4, 2019

January 7, 2019

April 8, 2019

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Dispositive Motion

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Last day to hear Non-

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Dispositive Motions

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Last day to File Dispositive

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Motion

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Hearing on Dispositive

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Motion

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Settlement Conference

April 2, 2019 at 1:00 p.m.
Courtroom 10

July 2, 2019 at 1:00 p.m.
Courtroom 10

Pretrial Conference

March 18, 2019 at 1:30 p.m.
Courtroom 5

June 17, 2019 at 1:30
p.m. Courtroom 5

Trial

May 14, 2019 at 8:30 a.m.
Courtroom 5

August 13, 2019 at 8:30
a.m. Courtroom 5

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Case No. 1:17-cv-01080-DAD-SKO
STIPULATION AND ORDER TO CONTINUE TRIAL AND PRETRIAL DATES

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ORDER
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The Court has reviewed the Joint Stipulation and Request for Continuance of Trial and
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Pretrial Dates and Deadlines filed by Defendant AGRIUM, INC. (erroneously sued as Agrium, Inc.
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dba Crop Production Services, Inc.) (“Defendant”) and Plaintiff Richard Romero (“Plaintiff”)
(collectively, “Parties”), through their counsel of record, requesting that the Court enter an Order

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continuing the trial and pretrial dates and deadlines in this action by 90 days. (Doc. 9)
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Pursuant to the Parties’ stipulation, with good cause shown, the Court hereby ORDERS that
the Scheduling Order (Doc. 8) is modified as follows:1

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Event

Continued Date

September 28, 2018

December 28, 2018

Expert Disclosures

October 10, 2018

January 16, 2019

Rebuttal Expert Disclosures

October 25, 2018

January 31, 2019

Expert Discovery

November 15, 2018

February 21, 2019

Last day to File Non-

November 21, 2018

February 27, 2019

December 19, 2018

March 27, 2019

November 26, 2018

March 4, 2019

January 7, 2019

April 16, 2019

Settlement Conference

April 2, 2019 at 1:00 p.m.
Courtroom 10

June 20, 2019 at 1:00
p.m. Courtroom 10

Pretrial Conference

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Prior Date

Non-Expert Discovery Cut-

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March 18, 2019 at 1:30 p.m.

June 24, 2019 at 1:30

Off

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Dispositive Motion

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Last day to hear Non-

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Dispositive Motions

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Last day to File Dispositive

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Motion

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Hearing on Dispositive

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Motion

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Several of the dates proposed by the parties have been adjusted to comport with the Court’s calendar, to allow the
Court adequate time to rule on dispositive motions, and to permit the parties sufficient time to prepare their pretrial
submissions and for trial.
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ORDER

Case No. 1:17-cv-01080-DAD-SKO

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Courtroom 5

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Trial

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p.m. Courtroom 5

May 14, 2019 at 8:30 a.m.
Courtroom 5

August 20, 2019 at 1:00
p.m. Courtroom 5

IT IS SO ORDERED.

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Dated:

August 31, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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ORDER

Case No. 1:17-cv-01080-DAD-SKO