Jaco v. WinCo Holdings, Inc.

Filing 59

STIPULATION and ORDER granting an extension of the following deadlines and hearings: Non-Expert Discovery due by 2/12/2021; Designation of Expert Witnesses due by 9/28/2020 (unchanged); Rebuttal Designation of Expert Witnesses due by 10/28/2020 (unc hanged); Expert Discovery due by 2/12/2021; Dispositive Motions filed by 3/5/2021; Pretrial Conference set for 8/16/2021 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; and Jury Trial set for 10/19/2021 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Erica P. Grosjean on 7/21/2020. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHIRLEY JACO on behalf of herself and all
others similarly situated,

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v.

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(ECF No. 58)

WINCO HOLDINGS, INC. and Does 1
through 50, inclusive.

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STIPULATION TO EXTEND DISCOVERY
CUT-OFF DATES AND ORDER

Plaintiff,

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Case No. 1:18-CV-00301-DAD-EPG

Defendants.
Pursuant to Local Rule 143, Defendant WinCo Holdings, Inc. (“WinCo” or “Defendant”) and
Plaintiff Shirley Jaco (“Plaintiff”) jointly stipulate as follows:

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The parties request that the Court continue the discovery and dispositive motion deadlines by six
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months for good cause, based on disruptions due to COVID-19 and state and local shelter in place
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orders, which have affected the parties’ ability to meet currently-scheduled pretrial and trial deadlines

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despite their diligence in litigating the case.
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STIPULATION
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1.
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On November 6, 2019, prior to the COVID shelter in place orders, the Court entered the

following scheduling order following the parties’ mid-discovery status conference:

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Further Mid-Discovery Status Conference

May 11, 2020

Non-Expert Discovery

August 21, 2020

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Designation of Expert Witnesses

September 28, 2020

Rebuttal Designation of Expert Witnesses

October 28, 2020

Expert Discovery Cut-off

November 27, 2020

Dispositive Motion Deadline

January 22, 2021

Pretrial Conference

May 17, 2021

Jury Trial

September 20, 2021

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2.

On May 11, 2020, the parties attended a further mid-discovery status conference and

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advised the Court that the parties may require an extension of the deadlines set by Minute Order on
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November 6, 2019, due to COVID-19 and state and local shelter in place orders.
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3.

The parties request to extend the case scheduling dates, as set out below. Good cause

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exists for this brief extension on this case, which has been diligently litigated, particularly where the
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pleadings have only recently settled on September 17, 2019, following the Ninth Circuit’s denial of
Plaintiff’s petition for permission to appeal the District Court’s order granting WinCo’s motion to

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dismiss.
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4.

Following the Ninth Circuit’s denial of Plaintiff’s petition for permission to appeal, on

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October 23, 2019, Plaintiff served written discovery on Defendant. Since that date, the parties had just
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begun conducting discovery and requested a modification to the Court’s scheduling order. (See ECF

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No. 50), which the Court granted on November 6, 2019 (ECF No. 51). To date, the Parties have
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propounded and responded to multiple sets of written discovery and are completing third-party written
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discovery.
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5.

Currently, the parties are attempting to schedule the deposition of the Plaintiff and

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WinCo employees. However, COVID-19 and state and local shelter in place orders have impeded the
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parties’ ability to complete pre-deposition interviews and depositions before the current discovery cutoff

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date. Additionally, Plaintiff recently requested the deposition of a witness who is currently unavailable
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and on a personal leave of absence until mid-September.
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6.
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Given the parties’ diligence in litigating this action and ongoing disruptions in the

litigation that are out of the parties’ control due to COVID-19 and state and local shelter in place orders,

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good cause exists for a limited, approximately six-month continuance of the discovery and dispositive

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motion dates, while keeping the trial date the same.

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7.

The requested extension (less than six months) is proportional and reasonable, and will

allow the parties to conduct the needed.

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8.

Specifically, the parties seek continuances of the scheduling deadlines as follows:

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Prior Date

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Proposed New Date

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Further Mid-Discovery Status Conference

May 11, 2020

N/A

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Non-Expert Discovery Cutoff

August 21, 2020

February 12, 2021

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Designation of Expert Witnesses

September 28, 2020

Unchanged

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Rebuttal Designation of Expert Witnesses

October 28, 2020

Unchanged

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Expert Discovery Cut-off

November 27, 2020

February 12, 2021

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Dispositive Motion Deadline

January 22, 2021

March 5, 2021

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Pretrial Conference

May 17, 2021

Unchanged

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Jury Trial

September 20, 2021

Unchanged

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IT IS SO STIPULATED.

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DATED: July 21, 2020

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Respectfully submitted,
SEYFARTH SHAW LLP

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By: /s/ Christopher J. Truxler
Kristina M. Launey
Michael Kopp
Christopher J. Truxler

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Attorneys for Defendant
WINCO HOLDINGS, INC.

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DATED: July 21, 2020

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Respectfully submitted,
WORKMAN LAW FIRM, PC

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By: /s/ Robin G. Workman
Robin G. Workman
Rachel E. Davey

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Attorneys for Plaintiff
SHIRLEY JACO, on behalf of herself and all
others similarly situated

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Attorney for Plaintiff agreed with the contents of
this document and authorized the filer to use her
electronic signature.

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ORDER

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On July 21, 2020, the parties filed a stipulation to modify the scheduling order. (ECF No. 58).

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The Court finds good cause to modify the dates as requested by the parties. However, because the

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parties requested a change to the dispositive motion deadline, the Court must also move the pretrial

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conference and trial.

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Accordingly, is HEREBY ORDERED that the schedule shall be modified as follows:

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Event

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February 12, 2021

Designation of Expert Witnesses

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New Date

Non-Expert Discovery Cutoff

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September 28, 2020 (unchanged)

Rebuttal Designation of Expert Witnesses October 28, 2020 (unchanged)

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Expert Discovery Cut-off

February 12, 2021

Dispositive Motion Deadline

March 5, 2021

Pretrial Conference

August 16, 2021 at 1:30 p.m.

Jury Trial

October 19, 2021 at 8:30 a.m.

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IT IS SO ORDERED.

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Dated:

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July 21, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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