Lenard v. The Sherwin-Williams Company

Filing 46

ORDER signed by District Judge Kimberly J. Mueller on 3/28/16: Designation of Expert Witnesses continued to 6/3/2016. Discovery continued to 8/1/2016. The deadline to submit a joint final pretrial conference statement is continued to 9/16/16. Final Pretrial Conference continued to 10/7/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller.The deadline to submit trial briefs is continued to 11/14/16. Jury Trial continued to 11/28/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kaminski, H)

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KEVIN D. REESE, State Bar No. 172992
[e-mail]
TIMOTHY L. REED, State Bar No. Bar No. 258034
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870

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Attorneys for Defendant
THE SHERWIN-WILLIAMS COMPANY

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LAWRANCE A. BOHM, State Bar No. 208716
[e-mail]
BOHN LAW GROUP
4600 Northgate Blvd., Suite 210
Sacramento, CA 95834
Telephone:
916.927.5574
Facsimile:
916.927.2046

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ERIK ROPER, State Bar No. 259756
[e-mail]
THE LAW OFFICE OF ERIK ROPER
2121 Natomas Crossing Drive, Suite 200-117
Sacramento, CA 95834
Telephone:
916.281.8249
Facsimile:
916.527.0118

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Attorneys for Plaintiff
NATHAN LENARD

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHAN LENARD,
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Plaintiff,
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vs.
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THE SHERWIN-WILLIAMS COMPANY, and
DOES 1-100,
Defendant.

Case No. 2:13-CV-02548-KJM-AC
NOTICE OF SETTLEMENT EFFORTS
AND STIPULATION TO MODIFY
PRETRIAL SCHEDULING ORDER;
[PROPOSED ORDER]
Action Filed:
Trial Date:

May 15, 2013
May 23, 2016

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Case No. 2:13-CV-02548-KJM-AC
NOTICE OF SETTLEMENT EFFORTS AND STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER;
ORDER

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Pursuant to Federal Rule of Civil Procedure 16(b)(4) and the Court’s Standing Order,

2 Plaintiff Nathan Lenard (“Plaintiff”) and Defendant The Sherwin-Williams Company
3 (“Defendant”) submit the following notice of settlement efforts and stipulation to modify the
4 Court’s June 18, 2015 and September 28, 2015 pretrial scheduling orders (Dkt. Nos. 26 and 28).
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On June 18, 2015, the Court graciously modified the pretrial case schedule in the instant

6 action pursuant to the parties’ stipulation. (Dkt. No. 26.) On September 28, 2015, the Court
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granted the parties’ request that the expert discovery deadlines in this matter be continued until

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after the hearing on Defendant’s motion for summary judgment. (Dkt. No. 28.) As of the date of

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this stipulation, the following dates and deadlines remain in the instant action:

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

Deadline for expert designation:

March 31, 2016

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

Deadline for supplemental expert designation:

April 29, 2016

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

Deadline for completion of expert discovery:

May 13, 2016

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

Deadline for submission of joint conference statement: May 19, 2016

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

Final pretrial conference:

June 9, 2016

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

Deadline for submission of trial briefs:

June 27, 2016

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

Trial:

July 11, 2016

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On March 11, 2016, the Court heard Defendant’s motion for summary judgment.

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Subsequently, the parties began discussing a potential pretrial resolution of this matter. The parties

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are currently seeking a mediator but believe that it may take up to 120 days based on conflicts and

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mediator availability to hold a mediation.

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To allow the parties sufficient time to resolve this matter in a manner that conserves their

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and the Court’s time and resources, the parties respectfully request that all pending deadlines and

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dates be continued as follows to allow the parties an attempt at mediation and to avoid conflicts

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with existing matters:

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

Deadline for expert designation continued from March 31, 2016 to June 3, 2016.

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

Deadline for supplemental expert designation continued from April 29, 2016 to

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July 1, 2016.


Deadline for completion of expert discovery continued from May 13, 2016 to
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Case No. 2:13-CV-02548-KJM-AC

NOTICE OF SETTLEMENT EFFORTS AND STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER;
ORDER

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August 1, 2016.


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Deadline for submission of joint conference statement continued from May 19, 2016 to
August 15, 2016.

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

Final pretrial conference continued from June 9, 2016 to October 11, 2016.

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

Deadline for submission of trial briefs continued from June 27, 2016 to

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November 4, 2016.


Trial continued from July 11, 2016 to November 18, 2016.

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10 DATED: March 25, 2016
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By:

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/s/ Kevin D. Reese
Kevin D. Reese
Timothy L. Reed

Attorneys for Defendant
THE SHERWIN-WILLIAMS COMPANY

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DATED: March 25, 2016

LAW OFFICE OF ERIK M. ROPER

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By: /s/ Erik M. Roper (as authorized on 3/24/2016)
Erik M. Roper
Attorney for Plaintiff
NATHAN LENARD

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Case No. 2:13-CV-02548-KJM-AC
NOTICE OF SETTLEMENT EFFORTS AND STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER;
ORDER

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ORDER
Good cause appearing, the court GRANTS the parties’ stipulation to modify the Pretrial

3 Scheduling Order (ECF No. 45), as modified to conform to the court’s calendar. Accordingly, the
4 case schedule is modified as follows:
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

The deadline for expert designation is continued from March 31, 2016 to June 3, 2016.

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

The deadline for supplemental expert designation is continued from April 29, 2016 to

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July 1, 2016.


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August 1, 2016.


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The deadline to submit a joint final pretrial conference statement is continued from May
19, 2016 to September 16, 2016.



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The deadline to complete expert discovery is continued from May 13, 2016 to

The final pretrial conference is continued from June 9, 2016 to October 7, 2016 at
10:00 a.m.

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The deadline to submit trial briefs is continued from June 27, 2016 to
November 14, 2016.

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

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The court will not adjudicate defendant’s pending motion for summary judgment (ECF

Jury trial is continued from July 11, 2016 to November 28, 2016 at 9:00 a.m.

18 No. 39) until the court is notified whether settlement is achieved. The court will not grant future
19 requests to modify the case schedule absent extraordinary circumstances.
20 DATED: March 28, 2016
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UNITED STATES DISTRICT JUDGE

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Case No. 2:13-CV-02548-KJM-AC
NOTICE OF SETTLEMENT EFFORTS AND STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER;
ORDER