Lennear, et al v. Diamond Pet Food Processors of California, LLC et al

Filing 18

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 7/3/2014 CONTINUING the deadline for the completion of discovery to 11/20/214; CONTINUING the deadline for the designation of expert witnesess to 12/17/2014. (Michel, G)

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MCCORMACK AND ERLICH, LLP

150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
TELEPHONE: [phone]

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Bryan J. McCormack, Esq.
MCCORMACK AND ERLICH, LLP
150 Post Street, Suite 742
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
Leland Lennear and Narvel Henry, Sr.

John P. Hasman, Esq.
ARMSTRONG TEASDALE, LLP
50 West Liberty Street, Suite 950
Reno, Nevada 89501
Telephone No.: [phone]
Facsimile No. : [phone]
[e-mail]
Attorneys for Defendants
Diamond Pet Food Processors of California, LLC, and
Diamond Pet Food Processors of Ripon, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LELAND LENNEAR AND NARVELL
HENRY, SR.

Case No. 2:13-CV-01871-TLN-DAD
STIPULATION AND ORDER TO
EXTEND DEADLINES IN SCHEDULING
ORDER

Plaintiffs,

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vs.

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DIAMOND PET FOOD PROCESSORS
OF CALIFORNIA, LLC; DIAMOND PET
FOOD PROCESSORS OF RIPON, LLC;
SCHELL & KAMPETER, INC. d/b/a
DIAMOND PET FOODS; and DOES 1 to
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Complaint Filed:
Trial Date:

September 9, 2013
August 17, 2015

Defendants.

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-1STIPULATION AND ORDER TO EXTEND DEADLINES IN SCHEDULING ORDER

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Plaintiffs LELAND LENNAR and NARVELL HENRY (“Plaintiffs”) and Defendants

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DIAMOND PET FOOD PROCESSORS OF CALIFORNIA, LLC; DIAMOND PET FOOD

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PROCESSORS OF RIPON, LLC, and SCHELL & KAMPETER, INC. (dba) DIAMAOND PET

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FOODS (hereinafter, collectively referred to as “Defendants”) hereby jointly stipulate and seek leave

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pursuant to Rule 16(b) of the Federal Rules of Civil Procedure to extend the deadlines set forth in the

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Status (Pretrial Scheduling) Scheduling Order (hereinafter the “Scheduling Order”) for good cause as

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set forth herein.

MCCORMACK AND ERLICH, LLP

Plaintiffs’ lawsuit asserts claims against Defendants for race harassment, race discrimination,

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150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
TELEPHONE: [phone]

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wrongful termination, and retaliation under state and federal law. Plaintiffs filed the initial Complaint

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on September 9, 2013, and Defendants filed their Answer on October 10, 2013. Plaintiff seeks

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special damages in the form of past and future earnings, employment benefits, loss of earning

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capacity, general damages, punitive damages, and attorneys’ fees. Defendants deny liability.

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On January 29, 2014, this Court issued a Pre-Trial Scheduling Order without hearing.

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According to the Order, the deadline for non-expert discovery is September 19, 2014, the expert

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disclosure deadline is November 20, 2014, the last date for dispositive motions is March 12, 2015,

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and the jury trial is scheduled for August 17, 2015.

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Counsel for Plaintiffs and Defendants are also counsel in another case, Hollins, et al. v.

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Diamond Pet Food Processors of California, LLC, et al., Case No. 2:13-CV-00113-MCE-KJN (“the

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Hollins case”). As the Hollins case and Lennear case involve several of the same defendants and

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witnesses and many of the same allegations of race discrimination and retaliation, the parties have

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been concentrating on resolving the Hollins case, which was scheduled for binding arbitration on

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October 20, 2014. In fact, the parties recently settled the Hollins case and entered into a binding

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settlement agreement in that case on June 19, 2014. Many of the witnesses deposed and documents

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exchanged in the Hollins case are the same documents and witnesses in the Lennear case. However,

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additional written discovery and depositions related to the Lennear case will need to be completed

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before the discovery deadline.

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Thus, the parties seek a brief extension of the deadlines related to non-expert discovery and
expert disclosures as follows:
-2STIPULATION AND ORDER TO EXTEND DEADLINES IN SCHEDULING ORDER

o Non-expert discovery deadline extended from September 19, 2014 to November 20,

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2014.

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o Initial expert witness disclosure deadline extended from November 20, 2014 to

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December 17, 2014;

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o All other deadlines will remain the same;

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In light of the foregoing, and for good cause shown, the parties respectfully request that the

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extension does not affect the dates related to dispositive motions, the pretrial conference date, or the

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MCCORMACK AND ERLICH, LLP

Court modify the existing Scheduling Order as agreed by the parties and as set forth herein. This

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150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
TELEPHONE: [phone]

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trial date, although those dates are included below for sake of context. The parties propose the

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following new scheduling deadlines:

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Deadline

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Existing Date

Proposed Date

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Fact Discovery Cutoff

September 19, 2014

November 20, 2014

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Initial Expert Disclosures

November 20, 2014

December 17, 2014

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Rebuttal Expert Disclosures

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Last Hearing Date for Motions

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Final Pretrial Conference

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Trial

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Dated: June 25, 2014

Dated: June 25, 2014

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/s/ Bryan J. McCormack
BRYAN J. McCORMACK
McCORMACK & ERLICH, LLP

/s/ John P. Hasman
JOHN P. HASMAN
ARMSTRONG TEASDALE, LLP

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Attorneys for Plaintiffs

Attorneys for Defendants

20 Days After Initial Disclosure 20 Days After Initial Disclosure
March 12, 2015

March 12, 2015

June 18, 2015

June 18, 2015

August 17, 2015

August 17, 2015

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-3STIPULATION AND ORDER TO EXTEND DEADLINES IN SCHEDULING ORDER

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ORDER

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Pursuant to the joint stipulation of the parties, and good cause appearing, the deadline for

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completion of discovery is hereby continued from September 19, 2014 to November 20, 2014, the

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deadline for designation of expert witnesses is hereby continued from November 20, 2014 to

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December 17, 2014. All other dates remains the same.

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IT IS SO ORDERED.

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MCCORMACK AND ERLICH, LLP

150 POST STREET, SUITE 742, SAN FRANCISCO, CA 94108
TELEPHONE: [phone]

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Dated: July 3, 2014

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Troy L. Nunley
United States District Judge

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-4STIPULATION AND ORDER TO EXTEND DEADLINES IN SCHEDULING ORDER