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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURENCE E. STEVENSON, an individual;
on behalf of himself and all other similarly
situated current and former employees,
Plaintiffs,

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vs.

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No. CIV S-11-1433 KJM-CKD

DOLLAR TREE STORES, INC., a Virginia
corporation; and DOES 1 through 50, inclusive,

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Defendants.

ORDER

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Defendant Dollar Tree Stores, Inc. (“Dollar Tree”) filed an Ex Parte Application

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on October 23, 2012, requesting an Order Shortening Time, an Order Staying Action and

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requesting Leave to Modify Scheduling Order. (ECF 42.) Dollar Tree also filed a request for

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judicial notice of documents that were filed in other federal courts. (ECF 43.) Plaintiff

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Stevenson filed an opposition on November 1, 2012. (ECF 48.) The court GRANTS in part and

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DENIES in part Dollar Tree’s requests as follows:

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1.

Dollar Tree’s request for judicial notice is GRANTED.

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2.

Dollar Tree’s request to shorten time is GRANTED.

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3.

Dollar Tree’s request for a stay of the action until after December 10,

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2012 is DENIED. Dollar Tree has not demonstrated that it is necessary to

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delay all discovery in this case. However, in light of the potential for

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interference with and confusion of putative class members and members

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of the conditionally-certified class in Tanya Young v. Dollar Tree Stores,

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Inc., Case No. 11-cv-01840-REB-MJW, the court orders all parties in this

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action to not contact any absent class members before December 10, 2012,

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the date when the opt-in period for Young closes.

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4.

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Dollar Tree’s request for leave to modify the scheduling order is hereby
GRANTED, and a modified scheduling order is hereby issued as follows:

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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

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amend pleadings

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Last day to complete

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precertification discovery

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Last day to disclose expert January 18, 2013

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witnesses

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Last day to supplement

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disclosure of expert

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witnesses

February 8, 2013

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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

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IT IS SO ORDERED.
DATED: November 8, 2012.

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UNITED STATES DISTRICT JUDGE

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