Stevenson v. Dollar Tree Stores, Inc.

Filing 49

ORDER signed by Judge Kimberly J. Mueller on 11/8/2012 GRANTING in part and DENYING in part defendant Dollar Tree's 42 Ex Parte Application for Order Shortening Time and Leave to modify Scheduling Order. Defendant's 43 Request for Judi cial Notice and Request to Shorten Time is GRANTED. The last day to seek leave to join additional class representatives is 7/19/2013. The last day to hear a Motion seeking leave to amend pleading is 8/30/2013. Precertification Discovery due by 5/10/2 013. Expert Witness Disclosure to be submitted 5/24/2013; Supplemental Disclosure of Expert Witnesses due 6/7/2013. Expert Discovery to be filed by 6/28/2013. The last day to hear Dispositive Motions now set for 8/30/2013. Status Conference set for 10/31/2013 at 2:30 PM in Courtroom 3 (KJM). (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAURENCE E. STEVENSON, an individual; on behalf of himself and all other similarly situated current and former employees, Plaintiffs, 12 vs. 13 14 No. CIV S-11-1433 KJM-CKD DOLLAR TREE STORES, INC., a Virginia corporation; and DOES 1 through 50, inclusive, 15 Defendants. ORDER 16 / 17 18 Defendant Dollar Tree Stores, Inc. (“Dollar Tree”) filed an Ex Parte Application 19 on October 23, 2012, requesting an Order Shortening Time, an Order Staying Action and 20 requesting Leave to Modify Scheduling Order. (ECF 42.) Dollar Tree also filed a request for 21 judicial notice of documents that were filed in other federal courts. (ECF 43.) Plaintiff 22 Stevenson filed an opposition on November 1, 2012. (ECF 48.) The court GRANTS in part and 23 DENIES in part Dollar Tree’s requests as follows: 24 1. Dollar Tree’s request for judicial notice is GRANTED. 25 2. Dollar Tree’s request to shorten time is GRANTED. 26 ///// 1 1 3. Dollar Tree’s request for a stay of the action until after December 10, 2 2012 is DENIED. Dollar Tree has not demonstrated that it is necessary to 3 delay all discovery in this case. However, in light of the potential for 4 interference with and confusion of putative class members and members 5 of the conditionally-certified class in Tanya Young v. Dollar Tree Stores, 6 Inc., Case No. 11-cv-01840-REB-MJW, the court orders all parties in this 7 action to not contact any absent class members before December 10, 2012, 8 the date when the opt-in period for Young closes. 9 4. 10 Dollar Tree’s request for leave to modify the scheduling order is hereby GRANTED, and a modified scheduling order is hereby issued as follows: 11 12 13 14 15 16 17 Event Last day to seek leave to Original Date Proposed Date Date Ordered March 15, 2013 July 19, 2013 July 19, 2013 April 26, 2013 August 23, 2013 August 30, 2013 January 4, 2013 May 10, 2013 May 10, 2013 May 24, 2013 May 24, 2013 June 7, 2013 June 7, 2013 join additional class representatives Last day for hearing on motion seeking leave to 18 amend pleadings 19 Last day to complete 20 precertification discovery 21 Last day to disclose expert January 18, 2013 22 witnesses 23 Last day to supplement 24 disclosure of expert 25 witnesses February 8, 2013 26 2 1 2 3 4 5 6 Event Last day to complete Original Date Proposed Date Date Ordered February 22, 2013 June 28, 2013 June 28, 2013 April 26, 2013 August 30, 2013 August 30, 2013 June 20, 2013 October 24, 2013 October 31, 2013 expert discovery Last day to hear dispositive motions Status Conference 7 8 9 10 IT IS SO ORDERED. DATED: November 8, 2012. 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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