Equal Employment Opportunity Commission v. Dialysis Clinic, Inc.

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/15/15 re: 19 ORDERING the following deadlines be extended: Designation of Expert Witnesses due by 9/14/2015, Discovery due by 8/10/2015, Dispositive Motions filed by 12/10/2015, Final Pretrial Conference set for 3/10/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley, Pretrial Conference Statement due 3/3/16; Jury Trial set for 5/9/2016 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Meuleman, A)

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WILLIAM R. TAMAYO, SBN 084965 (CA)
JONATHAN T. PECK, SBN 12303 (VA)
LINDA ORDONIO DIXON, SBN 172830 (CA)
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Francisco District Office
450 Golden Gate Ave., 5th Floor West
P.O. Box 36025
San Francisco, CA 94102
Telephone No. [phone]
Fax No. [phone]
[e-mail]

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Attorneys for Plaintiff EEOC

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TIM K. GARRETT, SBN 012084 (TN)
BASS, BERRY & SIMS PLC
150 Third Avenue South, Suite 2800
Nashville, TN 37201
Telephone No. [phone]
Fax No. [phone]
[e-mail]

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Attorneys for Defendant

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[Additional Counsel on following page.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

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Case No.: 2:14-CV-01623-TLN-KJN

Plaintiff,

JOINT STIPULATION and ORDER TO
CONTINUE DISCOVERY DEADLINES

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vs.
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DIALYSIS CLINIC, INC.,
Defendant.

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STIP/ORDER to Extend Case Deadlines
2:14-CV-01623 TLN KJN

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EEOC v. DIALYSIS CLINIC, INC.

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BARBARA A. COTTER, SBN 142590
COOK BROWN LLP
555 Capital Mall, Suite 425
Sacramento, CA 95814
Telephone No. [phone]
Facsimile [phone]
[e-mail]

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Attorneys for Defendant

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STIP/ORDER to Extend Case Deadlines
2:14-CV-01623 TLN KJN

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EEOC v. DIALYSIS CLINIC, INC.

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Plaintiff Equal Employment Opportunity Commission (EEOC) and Defendant Dialysis
Clinic, Inc. (DCI), hereby jointly request that the Court extend the case deadlines set out in the
court’s Pretrial Scheduling Order dated December 5, 2014 [Docket No. 11.] and Order to Extend

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Discovery Deadlines dated January 9, 2015. [Docket No 16.] The parties have made one prior
request to extend solely the discovery cut-off deadlines.
Federal Rule of Civil Procedure 6(b)(1) allows the court "for cause shown" and "in its

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discretion" to grant a "request" for an extension of time. Good cause exists to extend the case
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deadlines. The court has granted one prior request to continue the discovery deadlines in this case in

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order to facilitate a mediation that was scheduled for February 27, 2015. Unfortunately, the

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mediation was cancelled due to a late discovered conflict; the mediator withdrew from the case on

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February 13, 2015. [Docket No. 17.] In the month that followed, the parties made numerous

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attempts to find an available mediator. A new mediator was appointed on March 25, 2015.

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In order to preserve the time and resources, the parties agreed that written discovery and

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several depositions would be postponed pending the outcome of the mediation. Because of the

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delays in finding a mediator, the parties request that the deadlines in this case be extended so that the

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parties may continue the hold on discovery until mediation and so that, should the mediation be

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unsuccessful, the parties will have sufficient time to complete discovery.

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The parties request that the case deadlines be extended as follows:
Fact Discovery Deadline:

August 10, 2015

Expert Designation Deadline:

September 14, 2015

Dispositive Motions Deadline:

December 10, 2015

Final Pretrial Conference:

March 10, 2016 at 2:00 p.m.

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STIP/ORDER to Extend Case Deadlines
2:14-CV-01623 TLN KJN

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EEOC v. DIALYSIS CLINIC, INC.

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Pretrial Conference Statement:

March 3, 2016

First day of Trial:

May 9, 2016 at 9:00 a.m.

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Upon the foregoing, the parties respectfully request that the Court grant the requested
continuance.
Respectfully submitted,

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Dated: April 2, 2015

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By:/s/Linda S. Ordonio Dixon
LINDA S. ORDONIO-DIXON
Atty for Plaintiff EEOC

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By: /s/Timothy K. Garrett
TIMOTHY K. GARRETT
Atty for Defendant DCI
*as authorized on April 2, 2015

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It is so ORDERED.

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Dated: April 15, 2015

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Troy L. Nunley
United States District Judge

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STIP/ORDER to Extend Case Deadlines
2:14-CV-01623 TLN KJN

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EEOC v. DIALYSIS CLINIC, INC.