Zarco v. Shredfast Mobile Data Destruction, Inc.

Filing 25

STIPULATION and ORDER 24 to continue deadlines and hearings signed by Judge Garland E. Burrell, Jr. on 6/20/2013. Discovery deadline extended to 9/30/2013. The last hearing date for Law and Motion is continued to 12/2/2013 at 9:00 AM. Final Pretrial Conference is RE-SCHEDULED for 1/13/2014 at 1:30 PM in Courtroom 10 (GEB). Joint Pretrial Statement shall be filed 7 days prior to Hearing. (Marciel, M)

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Law Offices of

MATHENY SEARS LINKERT & JAIME, LLP
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DOUGLAS A. SEARS, ESQ. (SBN 48646)
JEFFREY E. LEVINE, ESQ. (SBN 255862)
3638 American River Drive
Sacramento, California 95864
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant, TOTER, INC., sued and
served herein as DOES 2, 22, 32, 42, 52 and 62

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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MARIO ALBERTO ZARCO,

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Plaintiff,
v.
VECOPLAN, LLC and TOTER, INC.

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Defendant.

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Case No. 2:12-CV-00826-GEB-CMK
STIPULATION AND [PROPOSED]
ORDER CONTINUING CLOSE OF
DISCOVERY FROM AUGUST 7, 2013
UNTIL SEPTEMBER 30, 2013; MOTION
HEARING SCHEDULE FROM OCTOBER
7, 2013 UNTIL NOVEMBER 25, 2013;
FINAL PRE-TRIAL CONFERENCE
FROM DECEMBER 9, 2014 UNTIL
JANUARY 10, 2014

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Plaintiff Mario Alberto Zarco and Defendants, Vecoplan, LLC and Toter, Inc., through

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their respective counsel, respectfully request a continuance of the close of discovery, motion

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hearing schedule, and final pre-trial conference deadlines due to the following.
RECITALS

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1.

On July 16, 2012, this Court entered its Status (Pre-trial Scheduling) Order that,

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among other things, provided that amendment would only be allowed by leave of Court with

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good cause shown. This case is currently set for trial on March 11, 2014.

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2.

The parties believe good cause exists for a brief continuance of the current August

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7, 2013, close of Discovery and October 7, 2013 Motion Hearing Schedule. The parties recently

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disclosed expert and rebuttal expert witnesses on April 30, 2013 and May 31, 2013, respectively.
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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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After experts were disclosed the parties agreed to privately mediate this case.

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subsequently chosen a mediator and are currently scheduling mediation in early August. The

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parties are attempting to mediate this case prior to engaging in several expert depositions, and

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potentially filing any motions with the Court.

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3.

They have

In the event the Court grants the above request, the parties also believe good cause

January 10, 2014.

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4.

The brief continuance of the close of discovery, motion hearing schedule, and pre-

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trial conference dates proposed herein would allow the parties to efficiently prepare for a

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

exists for a brief continuance of the Final Pre-Trial Conference from December 9, 2013 until

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MATHENY SEARS LINKERT & JAIME, LLP

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meaningful mediation (without having to first incur the fees and costs of deposing experts) and

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would not alter the Court’s current March 11, 2014 trial date.

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5.

Accordingly, all parties agree that it is in the interests of justice and an efficient

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resolution of this case to extend the following deadlines:

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Event

Current Date

New Date

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Close of Discovery

August 7, 2013

September 30, 3013

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Motion Hearing Schedule

October 7, 2013

November 25, 2013

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Final Pre-Trial Conference

December 9, 2013

January 10, 2014

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STIPULATION

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Based on the foregoing recitals, the parties hereby STIPULATE that:

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1.

The close of discovery is continued from August 7, 2013 until September, 30,

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2.

The motion hearing schedule is continued from October 7, 2013 until November

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25, 2013.

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3.

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10, 2013.

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4.

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2013.

The final pre-trial conference is continued from December 9, 2013 until January

All remaining dates and deadlines as set by the Court in its July 16, 2012 Order,

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are otherwise unaffected by this Stipulation and Proposed Order.

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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5.

By entering into this stipulation, none of the parties waive any rights or arguments

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that they may otherwise have with respect to their ability to request or oppose additional

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continuances in this action if necessary.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: June 19, 2013

LAW OFFICES OF MICHAEL T.
SHEPHERD

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By:

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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/S/
MICHAEL T. SHEPHERD, ESQ.,
Attorneys for Plaintiff, MARIO
ALBERTO ZARCO.

KOELLER, NEBEKER, CARLSON
& HALUCK, LLP

Dated: June 19, 2013

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By:

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/S/
JOHN C. PYTEL, ESQ.,
JOSEPH T. SPEAKER, ESQ.,
Attorneys for Defendant, VECOPLAN,
LLC.

MATHENY SEARS LINKERT & JAIME, LLP

Dated: June 19, 2013

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By:

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/S/
DOUGLAS A. SEARS, ESQ.,
JEFFREY E. LEVINE, ESQ.,
Attorneys for Defendant, TOTER, INC.

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IT IS SO ORDERED.

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The discovery completion date is continued to September 30, 2013. The last hearing date for law
and motion is continued to December 2, 2013, at 9:00 a.m. The pretrial conference is rescheduled
for January 13, 2014, at 1:30 p.m. A joint pretrial statement shall be filed seven days prior to the
hearing.

_________________________

Date: 6/20/13

GARLAND E. BURRELL, JR.
Senior United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES