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

Filing 87

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/8/11: HEARING as to 58 MOTION to COMPEL, 35 MOTION to COMPEL continued to 6/16/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)

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

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 MICHAEL P. LESSARD and ROBERT L. REAGAN for themselves and on behalf of all other similarly situated employees, Plaintiffs, v. TRINITY PROTECTION SERVICES, INC. a Maryland corporation and DOES 1 through 50, inclusive Defendants. Case No. CV-10-1262-MCE-KJN JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON PLAINTIFFS' MOTIONS TO COMPEL

Case No. CV-01262-MCE-KJN
JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFFS' MOTIONS TO COMPEL

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

IT IS HEREBY STIPULATED by and between Plaintiffs Michael P. Lessard and Robert L. Reagan ("Plaintiffs") and Defendant Trinity Protection Services, Inc. ("Defendant") (collectively, the "Parties"), by and through their respective counsel of record, as follows: WHEREAS, Plaintiffs filed their Motion to Compel Answers to Interrogatories and Request for Production of Documents to Which Defendant Did Not Respond ("First Motion to Compel") on February 10, 2011 and originally set the hearing date for March 10, 2011; WHEREAS, the Court reset the hearing date to March 31, 2011 based on its unavailability on March 10, 2011; WHEREAS, Plaintiffs filed their Motion to Compel Sufficiency of Answers and Objections to Request for Admissions, Set One ("Second Motion to Compel") on March 10, 2011 to be heard on March 31, 2011, the date reset for hearing on the First Motion to Compel (the First Motion to Compel and the Second Motion to Compel are hereinafter referred to as the "Motions to Compel"); WHEREAS, the undersigned counsel for Defendant were substituted as counsel on March 11, 2011 and filed respective notices of appearance on March 15, 2011; WHEREAS, on March 17, 2011 the Court granted Defendant's Ex Parte Application to Continue the March 31, 2011 Hearing on Plaintiffs' Motions to Compel and continued the hearing date thereon to April 14, 2011; WHEREAS, on March 29, 2011 the Parties participated in a settlement conference presided over by Magistrate 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; 1
Case No. CV-01262-MCE-KJN

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFFS' MOTIONS TO COMPEL

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, the Parties have concurrently submitted to District Judge Morrison C. England, Jr. a joint stipulation and proposed order to continue the trial date and all related dates by sixty (60) days; WHEREAS, the Parties agree that the continuance requested herein is contingent upon Judge England signing the above-mentioned stipulation and proposed order to continue the trail date and all related dates; and WHEREAS, in light of the aforementioned, the Parties agree that the hearing on Plaintiffs' Motions to Compel should be continued for sixty (60) days, but in no event for a greater period of time than Judge England extends the present June 9, 2011 non-expert discovery deadline, in order to allow the Parties the opportunity to address the consolidation issue and to make a good faith effort to settle the claims while reducing cost and expenditure of judicial resources. THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant, through their respective counsel, as follows: 1 Subject to Judge Morrison having continued the trial date and all related dates by at

least sixty (60) days, the hearing on the Motions to Compel will be continued to June 13, 2011 at 10:00 a.m. in Department 25, or to a date thereafter more convenient to the Court, but in no event to a date that is for a greater period of time than Judge England's extension of the present June 9, 2011 non-expert discovery deadline. 2. The applicable deadline for submitting the Joint Statement re Discovery

Disagreement pursuant to Local Rule 251 shall be continued accordingly. DATED: April 1, 2011 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 2 Case No. CV-01262-MCE-KJN
JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFFS' MOTIONS TO COMPEL

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
1

ORDER Based on the foregoing Stipulation of the Parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. The hearing on Plaintiffs' Motions to Compel presently set for April 21, 2011 (Dkt.

Nos. 35, 58), is continued to Thursday, June 16, 2011, at 10:00 a.m., in Courtroom 25.1 2. The applicable deadline for submitting the Joint Statement re Discovery

Disagreement pursuant to Local Rule 251 is continued accordingly. DATED: April 8, 2011

27 28

On April 7, 2011, United States District Judge Morrison C. England, Jr. approved the parties' stipulation and continued the trial date in this case until July 2, 2012. (Order, Apr. 7, 2011, Dkt. No. 85.) That order states that "[r]elated deadlines will be calculated with reference to the new trial date and a comprehensive Amended Pretrial Scheduling Order will be forthcoming accordingly." (Id.)
Case No. CV-01262-MCE-KJN
[PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFFS' MOTIONS TO COMPEL