Sprinkler Fitters Local Union 669 v. Pro-Tech Fire Protection Systems

Filing 28

STIPULATION and ORDER signed by Judge John A. Mendez on 04/06/09 ORDERING that the Discovery cutoff off date is CONTINUED to 05/29/09. The parties shall file with the Court a brief joint mid-litigation statement no later than 14 days prior to 05/29/09. (Benson, A.)

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Ellyn Moscowitz, Esq. (CA Bar No. 129287) Kathy Roberts, Esq. (CA Bar No. 233481) LAW OFFICES OF ELLYN MOSCOWITZ, P.C. 1629 Telegraph Avenue, 4th Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs, SPRINKLER FITTERS LOCAL UNION 669, BRAD CONRADO, DEAN JENSEN and THOMAS CAUDLE, Individually and on behalf of all others similarly situated Robert L. Rediger, Esq. (CA Bar No. 109392) Laura C. McHugh, Esq. (CA Bar No. 180930) Jimmie E. Johnson, Esq. (CA Bar No. 223344) Sarah R. Lustig, Esq. (CA Bar No. 255737) REDIGER, McHUGH & HUBBERT, LLP 555 Capitol Mall, Suite 1240 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, PRO-TECH FIRE PROTECTION SYSTEMS CORP. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

SPRINKLER FITTERS LOCAL UNION 669, BRAD CONRADO, DEAN JENSEN, and, THOMAS CAUDLE, individually and on behalf of all others similarly situated,

) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) PRO-TECH FIRE PROTECTION ) SYSTEMS, CORP. and DOES 1 ) through 50, inclusive, ) ) Defendants. ) ___________________________________ )

CASE NO. 2:08-CV-00643-JAM-EFB JOINT STIPULATION AND ORDER EXTENDING DISCOVERY CUT-OFF Complaint Filed: April 3, 2008 Trial Date: September 14, 2009

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE: DISCOVERY CUT-OFF

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THE PARTIES TO THIS ACTION, THROUGH THEIR RESPECTIVE ATTORNEYS, HEREBY STIPULATE AS FOLLOWS: 1. 2. This class action wage and hour lawsuit was filed on March 21, 2008. In their Joint Status Report, Plaintiffs and Defendants agreed on a schedule for this litigation, anticipating inter alia that both sides would have completed sufficient discovery to make a settlement conference meaningful by November 2008, prior to Plaintiffs' anticipated filing of a motion for class certification in December 2008. 3. Based on the parties' Joint Status Report, on June 4, 2008, the Court issued a Status (Pre-trial Scheduling) Order including the following dates: a. b. c. d. e. 4. All dispositive motions are to be filed by March 25, 2009; All discovery is to be completed by February 27, 2009; Expert witnesses are to be disclosed by December 12, 2008; Final Pre-trial Conference is set for May 29, 2009; Jury trial is set for July 6, 2009.

Thereafter, the parties realized that discovery would take much longer than anticipated. They stipulated to extending the dates in the scheduling order by 60 days.

5.

On November 12, 2008, Honorable John A. Mendez issued an Order Extending Time for Motions, Discovery, Final Pre-Trial Conference, and Trial, including the following dates: a. b. All dispositive motions are to be filed by May 26, 2009; Hearing on dispositive motions to be noticed for July 1, 2009 at 9:00 a.m.; c. d. e. f. All discovery is to be completed by April 27, 2009; Expert witnesses are to be disclosed by February 12, 2009; Final Pre-trial Conference is set for August 7, 2009; The parties joint pretrial statement shall be filed no later than July 31, ­2­

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE: DISCOVERY CUT-OFF

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2009; and Jury trial is set for September 14, 2009 at 9:00 a.m.

The Plaintiffs have not yet filed a motion for class certification. The parties need yet additional time beyond April 27, 2009 to conduct and complete discovery and resolve disputed discovery issues. This is a complex case involving over 350 prospective class members, and the parties underestimated the amount of time needed to conduct discovery and resolve discovery issues in this case. The parties have been meeting and conferring in good faith on several discovery issues. The parties agree to a continuance of the current discovery cut-off date from April 27, 2009 to May 29, 2009. The parties shall file with the Court a brief joint mid-litigation statement no later than fourteen (14) days prior to May 29, 2009, pursuant to the Status (Pre-trial Scheduling) Order dated June 3, 2008.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: April _3_, 2009

LAW OFFICES OF ELLYN MOSCOWITZ

By: _/s/ Kathy Roberts _______________________ KATHY ROBERTS/ELLYN MOSCOWITZ Attorneys for Plaintiffs, SPRINKLER FITTERS LOCAL UNION 669, BRAD CONRADO, DEAN JENSEN and THOMAS CAUDLE, individually and on behalf of all others similarly situated Dated: April _3_, 2009 REDIGER, McHUGH & HUBBERT, LLP By: _/s/ Laura C. McHugh______________________ LAURA C. McHUGH Attorneys for Defendant, PRO-TECH FIRE PROTECTION SYSTEMS CORP. ­3­

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE: DISCOVERY CUT-OFF

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE: DISCOVERY CUT-OFF

PURSUANT TO THIS STIPULATION, IT IS SO ORDERED. Dated: April 6, 2009 /s/ John A. Mendez________ Hon. JOHN A. MENDEZ United Stated District Judge