Lessard, et al v. Trinity Protection Services, Inc.

Filing 85

JOINT STIPULATION and ORDER, signed by Judge Morrison C. England, Jr., on 4/6/11: The jury trial is hereby CONT'D to 7/2/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.. Related deadlines will be calculated with reference to the new trial date and a comprehensive Amended Pretrial Scheduling Order will be forthcoming accordingly. (Kastilahn, A)

Lessard, et al v. Trinity Protection Services, Inc.

Doc. 85

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S. Ward Heinrichs, State Bar No. 157774 Karin L. Backstrom, State Bar No. 163306 BACKSTROM & HEINRICHS ATTORNEYS AT LAW, APC 4565 Ruffner Street, Suite 206 San Diego, California 92111 Telephone: [phone] Fax: [phone] Attorneys for Plaintiffs MICHAEL P. LESSARD, ROBERT L. REAGAN, and on behalf of the state of California Danielle Ochs-Tillotson (SBN 178677) [e-mail] Carolyn B. Hall (SBN No. 212311) [e-mail], OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.442.4870 Attorneys for Defendant TRINITY PROTECTION SERVICES, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION Case No. 2:10-CV-01262-MCE-KJN JOINT STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND ALL RELATED DATES

MICHAEL P. LESSARD and ROBERT L. 18 REAGAN for themselves and on behalf of all other similarly situated employees, 19 Plaintiffs, 20 v. 21 TRINITY PROTECTION SERVICES, INC. a 22 Maryland corporation and DOES 1 through 50, inclusive 23 Defendants. 24 25 26 27 28

Case No. CV-01262-MCE-KJN
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ALL RELATED DATES

Dockets.Justia.com

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IT IS HEREBY STIPULATED by and between Plaintiffs Michael P. Lessard and Robert L.

2 Reagan ("Plaintiffs") and Defendant Trinity Protection Services, Inc. ("Defendant") (collectively, 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 the "Parties"), by and through their respective counsel of record, as follows: WHEREAS, on March 29, 2010, Plaintiffs commenced this action against Defendant Trinity Protection Services, Inc. in the Superior Court of the State of California, County of San Joaquin; WHEREAS, on May 21, 2010, Defendant timely removed the action to this district; WHEREAS, trial of this matter is currently set for April 9, 2012; WHEREAS, the non-expert discovery deadline is currently set for June 9, 2011; WHEREAS, on March 29, 2011 the Parties participated in a settlement conference presided over by Judge Kendall J. Newman; WHEREAS, in the course of the settlement conference counsel for Defendant first learned of a related pending class action filed by Plaintiffs in the Superior Court of the State of California, County of Alameda and removed to the United States District Court for the Northern District of California; WHEREAS, the Parties need to explore whether the related cases should be consolidated and/or transferred to this district; WHEREAS, the Parties wish to engage in further settlement discussions, including the possibility of a global settlement encompassing the instant case and the related case pending in the Northern District; WHEREAS, the Parties have concurrently submitted to Magistrate Judge Kendall J. Newman a joint stipulation and proposed order to continue the April 14, 2011 hearing on Plaintiffs' pending Motions to Compel by sixty (60) days; WHEREAS, in light of the aforementioned, the Parties believe that the trial date and all related motion and discovery deadlines should be continued for at least sixty (60) days in order to allow the Parties to address the consolidation issue and the opportunity to make a good faith effort to settle the claims while reducing cost and expenditure of judicial resources; and WHEREAS, no prior trial continuances have been requested by the Parties and the Parties 1
Case No. CV-01262-MCE-KJN

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ALL RELATED DATES

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believe that the interest of justice would be served by a short continuance. THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant, through their respective counsel, as follows: 1 The trial date presently set for April 9, 2012 be continued for at least sixty (60) days

to allow the Parties to address the consolidation issue and to attempt to settle their dispute. 2. All applicable deadlines, including discovery and dispositive motion deadlines, shall

7 be continued accordingly and calculated from the new trial date. 8 DATED: April 1, 2011 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Case No. CV-01262-MCE-KJN

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

By: /s/ Danielle Ochs-Tillotson Danielle Ochs-Tillotson Carolyn B. Hall Attorneys for Defendant Trinity Protection Services, Inc. DATED: April 1, 2011 BACKSTROM & HEINRICHS

By: /s/ S. Ward Heinrichs S. Ward Heinrichs Attorneys for Plaintiffs Michael P. Lessard and Robert L. Reagan

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ALL RELATED DATES

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ORDER Based on the foregoing Stipulation of the Parties, and good cause appearing therefor, it

3 is hereby ORDERED that: 4 The trial date presently set for April 9, 2012 is continued to July 2, 2012 to allow the

5 Parties to attempt to settle their dispute. Related deadlines will be calculated with reference to 6 that new trial date and a comprehensive Amended Pretrial Scheduling Order will be 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. CV-01262-MCE-KJN
[PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ALL RELATED DATES
DEAC_Signature-END:

forthcoming accordingly. Dated: April 6, 2011

__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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