Braun v. Cellco Partnership, et al.

Filing 18

STIPULATION and ORDER 17 to amend Pretrial Scheduling Order signed by Magistrate Judge Edmund F. Brennan on 6/5/2014. The deadline to file Motions shall be CONTINUED to 9/15/2014 subject to all Deposition having been re-noticed and taken no later than 8/19/2014, subject to Objections, Motions for Protective Order, or other Court Order. All other deadlines and dates set forth in 14 Pretrial Scheduling Order and Court's 5/21/2014 16 Order stand. (Marciel, M)

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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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Case No. 2:13-CV-00872-WBS-EFB

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

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

Defendants.

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Plaintiff Nathan Braun (“Plaintiff”) and Defendant Cellco Partnership d/b/a Verizon
Wireless (“Defendant”) hereby stipulate as follows:
WHEREAS, on May 19, 2014, the parties sought a limited modification of the Pretrial
Scheduling Order to allow the parties to engage in mediation (ECF No. 15);
WHEREAS, on May 21, 2014, pursuant to the parties’ stipulation, this Court continued
the trial date to February 10, 2015 and the Pretrial Conference to December 8, 2014 (Order
Amending Pretrial Scheduling Order To Allow For Mediation, ECF No. 16);
WHEREAS, this Court’s May 21, 2014, Order provided that the mediation take place
within 60 days, or before July 20, 2014;

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STIP. & [PROPOSED] ORDER AMENDING PRETRIAL
SCHED. ORDER & ORDER AMENDING SCHED.
ORDER TO ALLOW FOR MEDIATION
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WHEREAS, the parties’ May 19, 2014 stipulation failed to address the deadline to file

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motions (other than motions to compel discovery, motions for continuances, temporary

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restraining orders, and other emergency applications), which was set for July 28, 2014 in the

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Pretrial Scheduling Order (ECF No. 14);

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WHEREAS, under the new schedule, such motions must be filed before the deadline to

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conduct any re-noticed depositions, pursuant to the terms of this Court’s May 21, 2014 Order, and

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only eight days after the mediation deadline;

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WHEREAS, the parties agree to continue the deadline to file motions (other than motions
to compel discovery, motions for continuances, temporary restraining orders, and other

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emergency applications) to allow sufficient time to complete any re-noticed depositions in

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advance of the deadline to file motions, and to allow the parties to engage in mediation without

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simultaneously preparing motions;

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WHEREAS, the parties also agree to clarify the deadline by which any re-noticed
depositions must be taken;

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WHEREAS, the parties stipulate that:

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(a) Any depositions re-noticed within 30 days following an unsuccessful mediation must

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also be taken and completed within that same 30-day period, and in any event no later than

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August 19, 2014, subject to objections, motions for protective order, or other court order; and

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(b) The deadline to file motions (other than motions to compel discovery, motions for

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continuances, temporary restraining orders, and other emergency applications), which is currently

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set for July 28, 2014, should be continued to September 15, 2014, subject to all depositions

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having been re-noticed and taken;

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WHEREAS, the parties’ request to continue the motion deadline is not for the purpose of
delay, promotes judicial efficiency, and will not cause prejudice to any party;
WHEREAS, the parties have sought one previous modification of the dates in the Pretrial
Scheduling Order.

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STIP. & [PROPOSED] ORDER AMENDING PRETRIAL
SCHED. ORDER & ORDER AMENDING SCHED.
ORDER TO ALLOW FOR MEDIATION
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NOW THEREFORE, it is hereby stipulated and agreed, by and between Plaintiff and

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Defendant, subject to the Court’s approval, that the Pretrial Scheduling Order (ECF No. 14) and

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Order Amending Pretrial Scheduling Order to Allow for Mediation (ECF No. 16) are amended as

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follows:

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1. As stated in this Court’s Order on May 21, 2014, Plaintiff may re-notice the

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depositions of Cynthia Gomez-Jackson, Angel Ramirez, Joe Cayero, Jillian Sanguilliano, and

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Kevin Zavaglia within 30 days of an unsuccessful mediation; any such depositions must be re-

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noticed and taken within the 30-day period following an unsuccessful mediation, and in any event

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must be re-noticed and taken no later than August 19, 2014, subject to objections, motions for

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protective order, or other court order;

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2. The deadline to file motions (other than motions to compel discovery, motions for

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continuances, temporary restraining orders, and other emergency applications), currently set for

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July 28, 2014, shall be continued to September 15, 2014, subject to all depositions having been

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re-noticed and taken no later than August 19, 2014, subject to objections, motions for protective

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order, or other court order.

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3. All other deadlines and dates set forth in the Pretrial Scheduling Order (ECF No. 14)
and this Court’s May 21, 2014 Order (ECF No. 16) stand.

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STIP. & [PROPOSED] ORDER AMENDING PRETRIAL
SCHED. ORDER & ORDER AMENDING SCHED.
ORDER TO ALLOW FOR MEDIATION
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Respectfully submitted,
Dated: May 30, 2014

JONES DAY

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By: /s/ Catherine S. Nasser
Catherine S. Nasser
Attorneys for Defendant
CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS

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Dated: May 30, 2014

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PERKINS & ASSOCIATES
By: /s/ Natalia Asbill (as authorized on May 30, 2014)
Natalia Asbill
Attorneys for Plaintiff
NATHAN BRAUN

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[PROPOSED] ORDER
Pursuant to stipulation, IT IS SO ORDERED.

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Dated: June 5, 2014.

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SFI-862550v1

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STIP. & [PROPOSED] ORDER AMENDING PRETRIAL
SCHED. ORDER & ORDER AMENDING SCHED.
ORDER TO ALLOW FOR MEDIATION
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