Miller v. Konica Minolta Business Solutions U.S.A., Inc.

Filing 17

STIPULATION and ORDER 16 for continuance of dates and deadlines signed by Judge John A. Mendez on 9/16/2013. A new Pre-Trial Conference date is RE-SET for 3/21/2014 at 10:00 AM and the Trial date is RE-SCHEDULED for 6/2/2014 at 9:00 AM in Courtroom 6 (JAM). The last day for parties to submit a Joint Pre-Trial Statement is 3/14/2014. The deadline for filing Dispositive Motions is CONTINUED to 12/18/2013 and the last for hearing Dispositive Motions is 1/22/2014 at 9:30 AM. The Discovery deadli ne is MOVED to 11/11/2013. Plaintiff directed to serve a copy of this Order at once on all parties to action inaccordance with provisions of Rule 5 of Federal Rules of Civil Procedure not enrolled in e-filing program. Following service, party causing service shall file a Certificate of Service with Court. (Marciel, M)

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SEYFARTH SHAW LLP
Loren Gesinsky (PRO HAC VICE) (NY SBN2661981)
[e-mail]
Brandon McKelvey (SBN 217002)
[e-mail]
Emily E. Barker (SBN 275166)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
KONICA MINOLTA BUSINESS SOLUTIONS
U.S.A., INC.
SHIMODA LAW CORP.
Galen T. Shimoda (SBN 226752)
[e-mail]
Justin P. Rodriguez (SBN 278275)
[e-mail]
9401 E. Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
MICHAEL MILLER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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v.
KONICA MINOLTA BUSINESS
SOLUTIONS U.S.A., INC., a New York
Corporation; and DOES 1 to 10, inclusive,,
Defendants.

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JOINT STIPULATION AND ORDER
TO CONTINUE TRIAL DATE,
DISPOSITIVE MOTION DEADLINE,
EXPERT WITNESS DISCLOSURES,
SUPPLEMENTAL EXPERT WITNESS
DISCLOSURES AND CLOSE OF
DISCOVERY

Plaintiff,

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Case No. 2:12-cv-00514-JAM-GGH

MICHAEL MILLER,

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES TO THIS
ACTION, through their counsel of record, as follows:
WHEREAS, this case is currently set for trial on April 15, 2014;

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STIPULATION TO CONTINUE TRIAL DATE, DISPOSITIVE MOTION DEADLINE AND CLOSE OF
DISCOVERY - CASE NO. 2:12 CV-00514-JAM-GGH
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WHEREAS the final pre-trial conference is currently scheduled for February 21, 2014 at
10:00 a.m.;

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WHEREAS the deadline to file dispositive motions is currently November 13, 2013;

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WHEREAS the deadline for hearing dispositive motions is currently December 11, 2013;

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WHEREAS the parties are mutually engaged in a good faith effort at informal settlement

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and are seeking to schedule a mediation date;

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WHEREAS the parties agree that the trial and dispositive motions deadlines should be
continued to facilitate such mediation;

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WHEREAS defense counsel is out of the country from June 14, 2014 through July 5,
2014.

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WHEREAS the deadline for promulgation of discovery is currently September 30, 2013;

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WHEREAS, the parties have exchanged thousands of pages of documents as part of the

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Rule 26 initial disclosure process;
WHEREAS, the first phase of Plaintiff’s deposition took place on November 15, 2012
and the second phase took place on June 13, 2013;
WHEREAS Plaintiff took the deposition of Defendant’s Person Most Knowledgeable on
June 14, 2013;
WHEREAS Plaintiff has noticed the deposition of Mario Hidalgo and the parties are in
the meet and confer process as to the date on which this will go forward;

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WHEREAS Defendant intends to subpoena for deposition Roger Kearney, Plaintiff’s ex-

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supervisor, and the parties are in the meet and confer process as to the date on which this will go

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forward;

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WHEREAS all parties agree that these depositions may reveal the need to propound
written discovery and seek additional documents necessary to the resolution of this litigation;
WHEREAS the parties agree that further investigation and discussion is needed to
develop Plaintiff’s claims and Defendant’s defenses;

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STIPULATION TO CONTINUE TRIAL DATE, DISPOSITIVE MOTION DEADLINE AND CLOSE OF
DISCOVERY - CASE NO. 2:12 CV-00514-JAM-GGH
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WHEREAS the trial date was previously continued from January 13, 2014 by stipulation
of the parties and order of this Court to facilitate discovery;

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The parties do hereby stipulate to vacate the trial and pretrial conference dates.

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The parties further stipulate that trial should not be set in this matter before May 20,

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2014, as they will likely require an additional five (5) weeks to make a good faith attempt at

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mediation and complete the discovery necessary for any dispositive motions.

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The parties further stipulate that the pretrial conference should not be set in this matter

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before March 4, 2014 and the deadline to file a joint pre-trial statement should not be set in the

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matter before March 28, 2014 for the same reasons.

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The parties further stipulate that the deadline for dispositive motions should not be set in

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this matter before December 18, 2013 and the last day to have hearings on dispositive motions

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should not be set in this matter before January 22, 2014 for these same reasons.

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The parties further stipulate that the deadline to complete discovery, including hearings

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on discovery motions, should be moved to November 11, 2013 to allow the parties full and

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complete investigation of their claims and defenses.

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IT IS SO STIPULATED.
Dated: September 16, 2013

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SEYFARTH SHAW LLP

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By:

/s/ Loren Gesinsky
Loren Gesinsky
Emily E. Barker
Attorneys for Defendant
KONICA MINOLTA BUSINESS
SOLUTIONS U.S.A., INC.

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Dated: September 16, 2013

SHIMODA LAW CORP.

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By:

/s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Attorneys for Plaintiff
MICHAEL MILLER

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STIPULATION TO CONTINUE TRIAL DATE, DISPOSITIVE MOTION DEADLINE AND CLOSE OF
DISCOVERY - CASE NO. 2:12 CV-00514-JAM-GGH
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ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause

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therein, IT IS HEREBY ORDERED that the:
The trial date scheduled for April 15, 2014 is hereby vacated. The pre-trial

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conference date scheduled for February 21, 2014 is hereby vacated. A new trial date is set for

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June 2, 2014 at 9:00 a.m. A new pre-trial conference date is set for March 21, 2014 at 10:00 a.m.

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The last day for the parties to submit a joint pre-trial statement is March 14, 2014.

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The November 13, 2013 deadline for filing of dispositive motions is continued to
December 18, 2013 and the last day for hearing dispositive motion is continued to January 22,
2014 at 9:30 a.m.

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The September 30, 2013 discovery deadline is moved to November 11, 2013.

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Plaintiff(s) is directed to serve a copy of this Order at once on all parties to this action in

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accordance with the provisions of Rule 5 of the Federal Rules of Civil Procedure not enrolled in

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the e-filing program. Following service, the party causing the service shall file a certificate of

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service with the Clerk of Court.

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IT IS SO ORDERED.

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DATED: 9/16/2013

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/s/ John A. Mendez________________________
HON. JOHN A. MENDEZ
UNITED STATED DISTRICT COURT JUDGE

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STIPULATION TO CONTINUE TRIAL DATE, DISPOSITIVE MOTION DEADLINE AND CLOSE OF
DISCOVERY - CASE NO. 2:12 CV-00514-JAM-GGH
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