Andrea Van Scoy, etal v. New Albertson's, Inc., etal

Filing 37

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 8/5/2010 re: 29 Stipulation. Designation of Expert Witnesses due by 2/28/2010, Discovery due by 12/31/2010, Designation of Rebuttal Experts due 3/21/2010, Last Day for Hearing Dispositive Motions is 4/29/2011. The Final Pretrial Conference and Trail dates will remain the same as previously established. (Waggoner, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Jill E. Barwick, Esq. BARWICK LAW FIRM 1303 Jefferson Street, Suite 200A Napa, CA 94559 Telephone: [phone] Attorney for Plaintiff Steven R. Blackburn State Bar No. 154797 Matthew A. Goodin State Bar No. 169674 EPSTEIN BECKER & GREEN, P.C. One California Street, 26th Floor San Francisco, California 94111-5427 Telephone: [phone] Facsimile: 415.398.0955 [e-mail] [e-mail] Attorneys for Defendant, SAVE MART SUPERMARKETS (successor in interest to ALBERTSONS INC. and ALBERTSONS LLC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANDREA VAN SCOY, LYNDA AZEVEDO, DIANA MURDOCK, CHRISTINA CARNES, MINA JO GUERRERO, MIRACLE JOHNSON, ROSANNE LAZUKA, PATRICIA LOGAN, TERESA LYON, THERESA ORTH, AND MARA GRACE SMITH, Plaintiff, v. NEW ALBERTSON'S, INC., ALBERTSON'S, INC., SAVE-MART SUPERMARKETS, INC., LUCKY'S INC.; and DOES 1 through 25 inclusive, Defendant.

CASE NO. 2:08-cv-02237-MCE-KJN JOINT STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING ORDER AND TO CONTINUE TRIAL AND ALL TRIAL-RELATED DATES; ORDER THEREON

The parties hereby jointly submit the following stipulation and request to continue the dates set forth in the Court's February 2, 2010 minute order setting trial and trial-related dates, and to modify the Court's pre-trial scheduling order dated February 10, 2010:
Joint Stipulation To Modify Pre-Trial Scheduling Order and Continue Trial Case No. 2:08-cv-02237-MCE-KJN

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, in late 2009, Plaintiff's counsel, Jill Barwick, was notified that her father was gravely and terminally ill; WHEREAS Plaintiffs' counsel is a sole practitioner and needed to take time off to care for her father and to administer his estate; that the day-to-day demands combined with the uncertainty of his final day, other than it being "imminent," limited counsel's availability to participate in discovery during that time period; WHEREAS the parties accordingly agreed to place discovery on hold in this matter until February 1, 2010; WHEREAS, as of the date of this stipulation, Defendant has yet to complete the depositions of eight (8) of the eleven (11) Plaintiffs, and Plaintiffs also need to complete the depositions of key witnesses. Depositions in this matter have been difficult to coordinate due to the conflicting schedules of counsel and the witnesses. Additionally, and pursuant to stipulation by the parties, certain of the plaintiffs' depositions have taken more than one day to complete, and it is expected that some of the remaining depositions of plaintiffs and key defense witnesses will take more than one day to complete; WHEREAS the parties believe that a modification of the current pre-trial scheduling order and a continuance of the trial and trial-related dates is necessary to ensure that they can conduct the necessary discovery related to their respective claims and defenses, and that Defendant may timely file additional summary judgment motions as appropriate; and WHEREAS the discovery cutoff date in this matter is currently set for August 2, 2010, the expert discovery deadline is set for September 8, 2010, and the deadline for hearings on motions for summary judgment is set for November 1, 2010. The trial in this matter is currently set for September 6, 2011, and the final pretrial conference is set for July 7, 2011. The joint final pretrial statement is due June 16, 2011, with evidentiary or procedural motions, oppositions and replies thereto due filed by June 16, June 23, and June 30, respectively. These motions are currently scheduled to be heard at the final pretrial conference on July 7, 2011. Trial briefs, witness lists and exhibit lists are currently due filed by June 23, 2011. The parties jointly respectfully request that these dates be continued as follows: -2Joint Stipulation To Modify Pre-Trial Scheduling Order and Continue Trial Case No. 2:08-cv-02237-MCE-KJN

PDF created with pdfFactory trial version www.pdffactory.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

· · · · · · · · · · ·

Discovery Cutoff: Expert Disclosure: Designation of Rebuttal Experts: Last Day for Hearing on Dispositive Motions: Joint Final Pretrial Conference Statement: Evidentiary or Procedural Motions Due Filed: Oppositions to Evidentiary/Procedural Motions: Replies re: Evidentiary/ Procedural Motions: Final Pretrial Conference: Trial Briefs/Witness Lists/Exhibit Lists: Trial:

December 31, 2010 February 28, 2010 March 21, 2010 April 29, 2011 July 18, 2011 July 18, 2011 July 25, 2011 August 1, 2011 August 8, 2011 July 25, 2011 October 3, 2011 Respectfully submitted,

DATED: August 5, 2010

BARWICK LAW FIRM

By:

/s/ Jill E. Barwick Attorneys for Plaintiffs DATED: August 5, 2010 EPSTEIN BECKER & GREEN, P.C.

By:

/s/ Steven R. Blackburn Matthew A. Goodin Attorneys for Defendant SAVE MART SUPERMARKETS

-3PDF created with pdfFactory trial version www.pdffactory.com
Joint Stipulation To Modify Pre-Trial Scheduling Order and Continue Trial Case No. 2:08-cv-02237-MCE-KJN

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER Upon reviewing the parties' Stipulation and request to modify pre-trial scheduling order and continue trial and trial-related dates, and good cause appearing therefor, the Court hereby grants the parties' requests, in part, and modifies the current pre-trial scheduling order as follows: · · · · Discovery Cutoff: Expert Disclosure: Designation of Rebuttal Experts: Last Day for Hearing on Dispositive Motions: December 31, 2010 February 28, 2010 March 21, 2010 April 29, 2011

The dates associated with the Final Pretrial Conference and Trial will remain the same as previously established inasmuch as those dates have already been reserved by the Court and need not be changed, even after accommodating the extended deadlines now being afforded pursuant to the parties' stipulation. IT IS SO ORDERED. DATED: August 5, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

-4PDF created with pdfFactory trial version www.pdffactory.com
Joint Stipulation To Modify Pre-Trial Scheduling Order and Continue Trial Case No. 2:08-cv-02237-MCE-KJN