Bailey et al v. Gatan, Inc. et al

Filing 60

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 9/30/14 ORDERING that the Court's 5/28/14, Amended Pretrial Scheduling Order 46 is VACATED. A Second Amended Pretrial Scheduling Order will be forthcoming. The parties SHALL stay all discovery until the Court issues an order on Defendants' Motion for Judgment on the Pleadings 56 , or until a date 60 days before the new non-expert discovery deadline established by this Stipulation and Order, whichever date is earlier. As set forth in this order, during the stay, the parties will postpone all pending discovery requests, depositions, meet and confer efforts, and discovery conferences, and will not engage in any new discovery. (Kastilahn, A)

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ERIC C. BELLAFRONTO, Bar No. 162102
[e-mail]
NICOLAS T. KELSEY, Bar No. 246060
[e-mail]
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Facsimile:
408.288.5686
Attorneys for Defendants
GATAN, INC. and ROPER INDUSTRIES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and
STATE OF CALIFORNIA, ex rel. BRENT
BAILEY, EMILY WADE, and RICHARD
ROE,
Plaintiffs,

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Case No. 2:12-CV-0106 MCE CKD
STIPULATION AND ORDER
CONTINUING DISCOVERY CUTOFF
AND OTHER DATES, AND STAYING
DISCOVERY

v.
GATAN, INC., ROPER INDUSTRIES,
INC., and DOES 1 through 100, Inclusive,
Defendants.

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STIPULATION CONTINUING DISCOVERY CUTOFF AND OTHER DATES, AND

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STAYING DISCOVERY

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Relators Brent Bailey and Emily Wade and Defendants Gatan, Inc. (“Gatan”) and
Roper Industries, Inc. (“Roper”) hereby stipulate to the following:

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WHEREAS, the Court’s Amended Pretrial Scheduling Order, dated May 28, 2014

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(Dckt. No. 46), set trial in this matter for August 31, 2015, and established other dates and deadlines

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applicable to this case, including a deadline of October 31, 2014, for completion of non-expert

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discovery and a deadline of April 30, 2015, for the hearing of dispositive motions.

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

CASE NO. 2:12-CV-0106 MCE CKD

STIPULATION AND [PROPOSED] ORDER
CONTINUING DISCOVERY CUTOFF AND
OTHER DATES, AND STAYING DISCOVERY

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WHEREAS, on September 5, 2014, Defendants filed a Motion for Judgment on the

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Pleadings, or in the Alternative, Motion to Strike (“Motion for Judgment on the Pleadings”), which

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seeks dismissal of all or portions of Relators’ Complaint.

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WHEREAS, the parties’ recognize that if the Court grants Defendants’ Motion for

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Judgment on the Pleadings, in whole or in part, this ruling could have a significant effect on the

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scope of discovery and the appropriate topics of discovery for both parties.

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WHEREAS, the parties do not wish to burden the Court with unnecessary discovery

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motions or issues that may become moot or irrelevant based upon the Court’s ruling on the Motion

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for Judgment on the Pleadings.

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WHERAS, the parties wish to stay discovery pending the Court’s ruling on

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Defendants’ Motion for Judgment on the Pleadings, to avoid incurring additional burden and

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expense of discovery that may be rendered unnecessary by the Court’s ruling.

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NOW, THEREFORE, the parties stipulate and respectfully request that the Court
order the following:
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All dates and deadlines established in the Court’s May 28, 2014 Amended

Pretrial Scheduling Order shall be continued at least six months.
2.

The parties shall stay all discovery until the Court issues an order on

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Defendants’ Motion for Judgment on the Pleadings, or until a date 60 days before the new non-

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expert discovery deadline established by this Stipulation and Order, whichever date is earlier.

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During the stay, the parties will postpone all pending discovery requests, depositions, meet and

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confer efforts, and discovery conferences, and will not engage in any new discovery.

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

CASE NO. 2:12-CV-0106 MCE CKD

2.

STIPULATION AND [PROPOSED] ORDER
CONTINUING DISCOVERY CUTOFF AND
OTHER DATES, AND STAYING DISCOVERY

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Dated: September ___, 2014

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By:
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ERIC C. BELLAFRONTO
NICOLAS T. KELSEY
LITTLER MENDELSON, P.C.
Attorneys for Defendants
GATAN, INC. and ROPER INDUSTRIES,
INC.

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Dated: September ___, 2014
By:__________________________________
DANIEL BARTLEY
BARTLEY LAW OFFICES
Attorney for Relators
BRENT BAILEY and EMILY WADE

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ORDER

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Pursuant to the above stipulation, the Court’s May 28, 2014, Amended Pretrial Scheduling

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Order (ECF No. 46) is VACATED. A Second Amended Pretrial Scheduling Order will be

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forthcoming.1

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The parties SHALL stay all discovery until the Court issues an order on Defendants’ Motion

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for Judgment on the Pleadings (ECF No. 56), or until a date 60 days before the new non-expert

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discovery deadline established by this Stipulation and Order, whichever date is earlier. As set forth

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above, during the stay, the parties will postpone all pending discovery requests, depositions, meet

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and confer efforts, and discovery conferences, and will not engage in any new discovery.

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IT IS SO ORDERED.
Dated: September 30, 2014

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

The parties are advised to scrupulously review the forthcoming amended scheduling order as the dates may
not be the same as those requested by the parties due to other matters on the Court’s calendar.
CASE NO. 2:12-CV-0106 MCE CKD

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STIPULATION AND [PROPOSED] ORDER
CONTINUING DISCOVERY CUTOFF AND
OTHER DATES, AND STAYING DISCOVERY