Scheideman v. Avolve Software Corporation

Filing 19

ORDER signed by Chief Judge Morrison C. England, Jr on 7/28/15 ORDERING the deadline for completion of discovery is hereby continued from August 13, 2015 to October 30, 2015, and the deadline for designation of expert witnesses is hereby continued f rom October 13, 2015 to November 30, 2105, the deadline for designation of rebuttal expert witnesses is continued from November 2, 2105 to December 18, 2015, and the Parties are hereby instructed to complete all discovery of expert witnesses in a timely manner in order to comply with the Courts deadline for filing dispositive motions. All other dates established in this matter, including the dispositive motion deadline, final pretrial conference and trial dates, remain unchanged. (Becknal, R)

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DELFINO MADDEN O’MALLEY COYLE & KOEWLER LLP
JENNIFER RANDLETT MADDEN (Bar No. 184905)
CAROLINE M. COLANGELO (Bar No. 278071)
500 Capitol Mall, Suite 1550
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
AVOLVE SOFTWARE CORPORATION
JAMES A. CLARK, ESQ. (SBN 278372)
RENEE N. PARRAS, ESQ. (SBN 283441)
TOWER LEGAL GROUP P.C.
1510 J Street, Suite 125
Sacramento, CA 95814
T: [phone]
F: [phone]
Email: [e-mail]
Attorneys for Plaintiff
RANDALL SCHEIDEMAN
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
RANDALL SCHEIDEMAN,
Plaintiff,

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v.
AVOLVE SOFTWARE CORPORATION,
a Delaware corporation and DOES 1-10
inclusive,

CASE NO. 2:14-cv-01217-MCE-CKD
STIPULATED REQUEST AND ORDER
TO EXTEND THE DEADLINE TO
COMPLETE DISCOVERY AND EXTEND
THE DATE FOR EXPERT DISCLOSURES

Defendants.

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Plaintiff Randall Scheideman (“Plaintiff”) and Defendant Avolve Software Corporation

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(“Defendant”) (collectively “the Parties”) hereby jointly stipulate and seek leave pursuant to Rule

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

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Pretrial Scheduling Order (Dkt. 17) (hereinafter the “Scheduling Order”) for good cause as set

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forth herein.
IT IS HEREBY STIPULATED:

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WHEREAS, all discovery, with the exception of expert discovery, currently must be
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{Stipulation and Proposed Order to Extend Discovery and Expert Witness
Deadlines.1}

STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND THE DEADLINE TO COMPLETE DISCOVERY AND
EXTEND THE DATE FOR EXPERT DISCLOSURES

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completed by August 13, 2015 and the Parties wish to extend the time to complete non-expert

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discovery until October 30, 2015;

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WHEREAS, the last day for expert disclosures is currently October 13, 2015 and the
Parties wish to extend the date until November 30, 2015;

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WHEREAS, to date, Defendant has propounded and Plaintiff has responded to written
discovery; however, neither Party has taken any depositions;

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WHEREAS, the Parties are currently engaged in good faith settlement discussions and are

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considering private mediation of the matter. The Parties have determined and agreed that it

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would be economically feasible to postpone conducting additional discovery until after settlement

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discussions as it may make the discovery unnecessary. As such, the parties seek to extend the

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dates for completion of discovery and disclosure of expert witnesses;

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WHEREAS, in the event settlement discussions or private mediation are unsuccessful, the

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Parties will require this limited extension of time to complete all discovery, and this extension

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will not affect any other dates set forth in the Scheduling Order;

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WHEREAS, the Parties have not made any previous requests to extend any discovery
deadline in this action;

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WHEREAS, in light of the foregoing, and for good cause shown, the parties respectfully

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request that the Court modify the existing Scheduling Order as agreed by the Parties and as set

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forth herein. The Parties are and have been working diligently to move this case toward private

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mediation and, if unsuccessful, toward trial. Entering this Order will permit the parties to focus

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on mediation and potentially resolving this case without a trial. This extension does not affect the

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dates related to dispositive motions, the pretrial conference date, or the trial date, although those

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dates are included below for sake of context.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties
through their undersigned counsel of record that:

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{Stipulation and Proposed Order to Extend Discovery and Expert Witness

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Deadlines.1}

STIPULATED REQUEST AND ORDER TO EXTEND THE DEADLINE TO COMPLETE DISCOVERY AND EXTEND THE
DATE FOR EXPERT DISCLOSURES

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1.

The Parties propose the following new scheduling deadlines:

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Deadline

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Existing Date

Proposed Date

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Discovery Cutoff

August 13, 2015

October 30, 2015

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Expert Disclosures

October 13, 2015

November 30, 2015

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Rebuttal Expert Disclosures

November 2, 2015

December 18, 2015

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Expert Discovery Cutoff

In a timely manner in order to
comply with Court’s deadline
for filing dispositive motions.

In a timely manner in order to
comply with Court’s deadline
for filing dispositive motions.

February 18, 2016

February 18, 2016

Final Pretrial Conference

April 14, 2015

April 14, 2015

Trial

June 13, 2016

June 13, 2016

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Last Hearing Date for
Dispositive Motions

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2.

The requested extensions will not interfere with any other dates contained in the

Court’s Scheduling Order.

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IT IS SO STIPULATED.

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DATED: July 20, 2015

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By:

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DELFINO MADDEN O’MALLEY COYLE &
KOEWLER LLP

DATED: July 21, 2014

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/s/ Caroline Colangelo
CAROLINE COLANGELO
Attorney for Defendant
AVOLVE SOFTWARE CORPORATION

TOWER LEGAL GROUP P.C.

By: /s/ James A Clark
JAMES A. CLARK
Attorney for Plaintiff
RANDALL SCHEIDEMAN

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{Stipulation and Proposed Order to Extend Discovery and Expert Witness

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Deadlines.1}

STIPULATED REQUEST AND ORDER TO EXTEND THE DEADLINE TO COMPLETE DISCOVERY AND EXTEND THE
DATE FOR EXPERT DISCLOSURES

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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 August 13, 2015 to October 30, 2015, and the

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deadline for designation of expert witnesses is hereby continued from October 13, 2015 to

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November 30, 2105, the deadline for designation of rebuttal expert witnesses is continued from

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November 2, 2105 to December 18, 2015, and the Parties are hereby instructed to complete all

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discovery of expert witnesses in a timely manner in order to comply with the Court’s deadline for

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filing dispositive motions. All other dates established in this matter, including the dispositive

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motion deadline, final pretrial conference and trial dates, remain unchanged.
IT IS SO ORDERED.

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Dated: July 28, 2015

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{Stipulation and Proposed Order to Extend Discovery and Expert Witness

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Deadlines.1}

STIPULATED REQUEST AND ORDER TO EXTEND THE DEADLINE TO COMPLETE DISCOVERY AND EXTEND THE
DATE FOR EXPERT DISCLOSURES