Gilbert v. De Aranjah Inc. et al

Filing 64

STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 5/31/2024 MODIFYING The Scheduling Order as follows: Non-expert discovery cut-off 7/31/2024; Expert Disclosures 8/14/2024; Rebuttal Expert Disclosures 8/28/2024; Expert discovery c ut-off 9/25/2024; Dispositive Motions Filing Deadline: 10/25/2024; Pretrial Conference is SET for 1/14/2025 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. Jury Trial is SET for 3/10/2025 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Mena-Sanchez, L)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
334 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff,
Darren Gilbert

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) No. 1:22-cv-0994 DAD DB
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Plaintiff,
) THIRD STIPULATION TO MODIFY
) SCHEDULING ORDER; AND ORDER
vs.
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DE ARANJAH INC. dba VALERO GRIP & )
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GO, et al.,
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Defendants.
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AND RELATED CROSS-CLAIM.
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DARREN GILBERT,

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THIRD STIPULATION TO MODIFY SCHEDULING ORDER; AND ORDER

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WHEREAS, the Court originally issued a Scheduling Order in this matter on May 23,
2023 (Dkt. 30);

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WHEREAS, following the issuance of the Scheduling Order, the matter was transferred

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on September 13, 2023 pursuant to Amended Local Rule 120 and reassigned to District Judge

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Dale A. Drozd and Magistrate Judge Deborah Barnes (Dkt. 42);

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WHEREAS, on September 21, 2023, Plaintiff Darren Gilbert (“Plaintiff”) filed a motion

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for default judgment against defaulted defendant De Aranjah Inc. dba Valero Grip & Go (“De

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Aranjah”) (Dkt. 43), which motion was denied without prejudice to its renewal (Dkt. 52), and

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the motion was later re-filed on January 15, 2024 and was originally set for hearing on February

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23, 2024 (Dkt. 54);

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WHEREAS, Plaintiff and the remaining defendant, Gill McHenry Inc. (“Gill McHenry,”

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and together with Plaintiff, the “Parties”), wish to conserve Court resources and limit the

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expenditure of attorney’s fees and costs that will be incurred through fact and expert discovery

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while awaiting the results of Plaintiff’s motion for default judgment against De Aranjah, which

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will inform the scope of necessary discovery;

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WHEREAS, for this reason, the Parties previously stipulated to, and the Court granted,
two continuances of discovery deadlines and trial (Dkt. 46 and 56);
WHEREAS, the hearing on Plaintiff’s motion for default judgment against De Aranjah
has now been continued to June 14, 2024 (Dkt. 61);

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WHEREAS, the further continuance of the hearing on Plaintiff’s motion for default

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judgment against De Aranjah necessitates a further modification of the Scheduling Order

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pending the results of the motion;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties,

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through their respective attorneys of record, that the Scheduling Order be further modified as

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follows:

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Non-expert discovery cut-off

Current Date
5/29/2024

New Date
7/31/2024

Expert disclosures

6/12/2024

8/14/2024

THIRD STIPULATION TO MODIFY SCHEDULING ORDER; AND ORDER

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Rebuttal expert disclosure

6/26/2024

8/28/2024

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Expert discovery cut-off

7/24/2024

9/25/2024

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Dispositive motion filing deadline

8/23/2024

10/25/2024

Pretrial Conference

11/12/2024 at 1:30 p.m.

1/13/2025 at 1:30 p.m.

Jury Trial

1/13/2025 at 9:00 a.m.

3/10/2025 at 9:00 a.m.

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IT IS SO STIPULATED.
Dated: May 28, 2024

MOORE LAW FIRM, P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Darren Gilbert

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Dated: May 28, 2024

LAW OFFICES OF MAYOL &
BARRINGER, LLP

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/s/ Nicholas J. Loncarich
W. Bart Barringer
Nicholas J. Loncarich
Attorneys for Defendant/Cross-Claimant,
Gill McHenry, Inc.

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THIRD STIPULATION TO MODIFY SCHEDULING ORDER; AND ORDER

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ORDER

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The Parties having so stipulated and good cause appearing,
IT IS HEREBY ORDERED that the Scheduling Order in this matter is modified as
follows:

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Non-expert discovery cut-off

Current Date
5/29/2024

New Date
7/31/2024

Expert disclosures

6/12/2024

8/14/2024

Rebuttal expert disclosure

6/26/2024

8/28/2024

Expert discovery cut-off

7/24/2024

9/25/2024

Dispositive motion filing deadline

8/23/2024

10/25/2024

Pretrial Conference

11/12/2024 at 1:30 p.m.

1/14/2025 at 1:30 p.m.

Jury Trial

1/13/2025 at 9:00 a.m.

3/10/2025 at 9:00 a.m.

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IT IS SO ORDERED.
DATED: May 31, 2024

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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THIRD STIPULATION TO MODIFY SCHEDULING ORDER; AND ORDER

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