Braun v. Cellco Partnership, et al.

Filing 16

STIPULATION and ORDER re: 15 signed by Senior Judge William B. Shubb on 5/21/14 AMENDING 14 Scheduling Order to Allow for Mediation. Trial RESET for 2/10/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, Final Pretrial Conference RESET for 12/8/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Meuleman, A)

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Aaron L. Agenbroad (State Bar No. 242613)
[e-mail]
Catherine S. Nasser (State Bar No. 246191)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
+1.415.626.3939
Facsimile:
+1.415.875.5700
Attorneys for Defendant
CELLCO PARTNERSHIP D/B/A VERIZON
WIRELESS

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NATHAN BRAUN,

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Plaintiff,

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Case No. 2:13-CV-00872-WBS-EFB
STIPULATION AND [PROPOSED]
ORDER AMENDING PRETRIAL
SCHEDULING ORDER TO ALLOW
FOR MEDIATION

v.
CELLCO PARTNERSHIP, a Delaware
Partnership doing business in the State of
California as VERIZON WIRELESS; and
DOES 1 through 25, inclusive,
Defendants.

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Plaintiff Nathan Braun (“Plaintiff”) and Defendant Cellco Partnership d/b/a Verizon

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Wireless (“Defendant”) hereby stipulate as follows:

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WHEREAS, pursuant to this Court’s Pretrial Scheduling Order dated September 20, 2013,

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ECF No. 14, the discovery deadline in the above-captioned matter is set for June 2, 2014 and trial

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is set for December 2, 2014;

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WHEREAS, the parties have agreed to mediate this matter and the mediation will take

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place within 45-60 days to accommodate the mediator’s schedule as well as the schedule of the

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parties;

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WHEREAS, in light of the parties’ intent to pursue mediation, the parties request a limited

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modification of the Pretrial Scheduling Order to allow adequate time for the parties to prepare for
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STIPULATION AND [PROPOSED] ORDER
AMENDING PRETRIAL SCHEDULING
ORDER TO ALLOW FOR MEDIATION.

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and engage in mediation and to prepare for trial in the event a settlement is not reached;
WHEREAS, the agreed-upon schedule is not for the purpose of delay, promotes judicial
efficiency, and will not cause prejudice to any party;
WHEREAS, the parties have not sought any previous request to continue the dates in the
Pretrial Scheduling Order.
NOW THEREFORE, it is hereby stipulated and agreed, by and between Plaintiff and
Defendant, subject to the approval of the Court, that the Pretrial Scheduling Order is amended as
follows:
1. The discovery deadline of June 2, 2014 will remain the same, subject to three
modifications:
a. If the mediation is unsuccessful, Plaintiff may re-notice the depositions of
Cynthia Gomez-Jackson, Angel Ramirez, Joe Cayero, Jillian Sanguilliano,
and Kevin Zavaglia within 30 days of the unsuccessful mediation, subject
to any objections by Defendant or requests for protective order.
b. If the mediation is unsuccessful, Defendant will respond to Plaintiff’s
Request for Production of Documents, Set Three, within 15 days of the
unsuccessful mediation, subject to any objections.
c. Plaintiff may submit a discovery dispute to the Court pursuant to Local
Rule 251 solely with respect to the following post-mediation discovery: (i)
Defendant's response to Plaintiff's Request for Production of Documents,
Set Three; and (ii) the depositions of Cynthia Gomez-Jackson, Angel
Ramirez, Joe Cayero, Jillian Sanguilliano, and Kevin Zavaglia. Plaintiff
must file and serve any dispute or discovery motion related to Defendant's
response to Plaintiff's Request for Production of Documents, Set Three
within 15 days of service of Defendant's response. Plaintiff must file and
serve any dispute or discovery motion related to the depositions listed in
this paragraph within 5 days of the noticed date of the individual's

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STIPULATION AND [PROPOSED] ORDER
AMENDING PRETRIAL SCHEDULING
ORDER TO ALLOW FOR MEDIATION.

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deposition. Plaintiff may not submit a discovery dispute or otherwise file

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any discovery motion that relates to Defendant’s discovery responses

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which were completed prior to the mediation. Plaintiff may, if necessary,

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file any motion to compel production of documents relating to subpoenas

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issued on or about May 16, 2014, to ADP Payroll Services, Inc. and Talx

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Ucm Services, Inc.
2. The trial date, currently set for December 2, 2014, is continued to February
10, 2015 at 9:00 a.m. The Pretrial Conference is continued to December 8,
2014 at 2:00 p.m.
All other deadlines and dates set forth in the Pretrial Scheduling Order stand. There will
be no other waivers or deviations from the Pretrial Scheduling Order.

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Respectfully submitted,
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Dated: May 19, 2014

JONES DAY

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By: /s/ Catherine S. Nasser
Catherine S. Nasser

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Attorneys for Defendant
CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS

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Respectfully submitted,
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Dated: May 19, 2014

PERKINS & ASSOCIATES

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By: /s/ Natalia Asbill (as authorized on May 19, 2014)
Natalia Asbill

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Attorneys for Plaintiff
NATHAN BRAUN

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STIPULATION AND [PROPOSED] ORDER
AMENDING PRETRIAL SCHEDULING
ORDER TO ALLOW FOR MEDIATION.

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ORDER
Pursuant to stipulation, IT IS SO ORDERED.
Dated: May 21, 2014

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SFI-861522v2

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STIPULATION AND [PROPOSED] ORDER
AMENDING PRETRIAL SCHEDULING
ORDER TO ALLOW FOR MEDIATION.