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

Filing 40

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/15 ORDERING that the Pretrial Scheduling Order is AMENDED and the Motion Hearing Schedule DEADLINE is moved from 3/12/15 to 4/23/15. (Kastilahn, A)

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Bryan J. McCormack
MCCORMACK AND ERLICH, LLP
150 Post Street, Suite 742
San Francisco, California 94108
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs
Leland Lennear and Narvell Henry, Sr.
CONOR P. FLYNN
ARMSTRONG TEASDALE LLP
3770 Howard Hughes Pkwy, Ste. 200
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702.878.9995
[e-mail]
JOHN P. HASMAN
ARMSTRONG TEASDALE LLP
7700 Forsyth Blvd., Suite 1800
St. Louis, Missouri 63105
Telephone: [phone]
Facsimile: 314.621.5065
[e-mail]
Attorneys for Defendants
Diamond Pet Food Processors of California,
LLC, and Diamond Pet Food Processors of
Ripon, LLC, Schell & Kampeter, Inc., d/b/a
Diamond Pet Foods

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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LELAND LENNEAR and
NARVELL HENRY, SR.,

CASE NO. 2:13-CV-01871-TLN-DAD
JOINT STIPULATION TO AMEND
SCHEDULING ORDER AND ORDER

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Plaintiffs,

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v.

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DIAMOND PET FOOD PROCESSORS
OF CALIFORNIA, LLC, et al.

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Defendants.
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Joint Stipulation to Amend Scheduling Order
and Order
Case No. 2:13-CV-01871-TLN-DAD

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Plaintiffs and Defendants, by and through their counsel, hereby stipulate and respectfully

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request that the Court amend the Pretrial Scheduling Order (Doc. #16) to specifically include

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Section IV.

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I.

GOOD CAUSE EXISTS TO AMEND THE PRETRIAL SCHEDULING ORDER

On January 15, 2015 and January 22, 2015 the Defendants filed Motions for Summary

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Judgment and a Motion to Dismiss as to the claims of Henry and Lennear. (Doc #25-36) The two

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motions for summary judgment and the motion to dismiss are currently set for hearing on

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February 26, 2015. Section IV of the Pretrial Scheduling Order indicates that all dispositive motions

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shall be heard no later than March 12, 2015.

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The parties have agreed to mediation and attempt to completely resolve the case for the

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benefit of the parties and the Court. The mediation is currently set for March 2, 2015. As such, the

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parties have stipulated to continue the three motions to a date after the mediation, but before April 23,

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2015. Based on such stipulation, the parties agree that Plaintiffs’ oppositions to the motions will be

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due based on the continued motion dates, rather than the current deadline of February 12, 2015.

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Based on such stipulation, Plaintiffs do not intend to file their oppositions by the current deadline.

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Defendants intend to ask the Court to reschedule the current hearing date on these motions to a date

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on or before April 23, 2015 if this order is signed by the Court.

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II.

RELIEF SOUGHT

The parties hereby request to have the Pretrial Scheduling Order amended and the Motion

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Hearing Schedule deadline moved from March 12, 2015 to April 23, 2015 so the parties can attempt

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to mediate and possibly resolve the case.

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SO STIPULATED

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Joint Stipulation to Amend Scheduling Order
and Order
Case No. 2:13-CV-01871-TLN-DAD

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Date: February 11, 2015
MCCORMACK AND ERLICH, LLP

ARMSTRONG TEASDALE LLP

By: /s/ Bryan J. McCormack
Bryan J. McCormack
150 Post Street, Suite 742
San Francisco, California 94108
Tel: [phone]
Fax: [phone]
[e-mail]

By: /s/ John P. Hasman
John P. Hasman
7700 Forsyth Boulevard, Suite 1800
St. Louis, Missouri 63105
Telephone: [phone]
Facsimile: 314.621.5065
[e-mail]

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ATTORNEYS FOR PLAINTIFFS

and
Conor P. Flynn
3770 Howard Hughes Pkwy, Ste. 200
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: 702.878.9995
[e-mail]

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ATTORNEYS FOR DEFENDANTS

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the Pretrial Scheduling Order be
amended and the Motion Hearing Schedule deadline be moved from March 12, 2015 to April 23,
2015.

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Dated: February 12, 2015

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Troy L. Nunley
United States District Judge

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Joint Stipulation to Amend Scheduling Order
and Order
Case No. 2:13-CV-01871-TLN-DAD