Gaona v. J.C. Penney Company, Inc. et al

Filing 53

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/30/17 ORDERING that Discovery is due by 7/17/2017. Designation of Expert Witnesses due by 9/22/2017. Expert Discovery deadline is 12/1/2017. Dispositive Motions shall be filed by 1/11/2018. (Kastilahn, A)

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JOEL R. MEYER (SBN 247620)
BARNES & THORNBURG LLP
2029 Century Park East, Suite 300
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310-284-3894

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ROBERT D. MACGILL (admitted pro hac vice)
MATTHEW B. BARR (admitted pro hac vice)
BARNES & THORNBURG LLP
11 South Meridian Street
Indianapolis, Indiana 46204
Telephone: [phone]
Facsimile: 317-231-7433

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Attorneys for Defendant and Cross-Defendant
DOW ROOFING SYSTEMS, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CAROL GAONA,

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Case No. 2:14-CV-02051-TLN-DB
Plaintiff,

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vs.

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JOINT STIPULATION AND ORDER TO
AMEND SCHEDULING ORDER

J.C. PENNEY COMPANY, INC.; J.C.
PENNEY CORPORATION, INC.; DOW
ROOFING SYSTEMS, INC. fka and successor
in interest to JPS ELASTOMERICS
CORPORATION dba JPS ELASTOMERICS
CORPORATION dba STEVENS ROOFING
SYSTEMS; JOHNSON CONTROLS, INC.;
and DOES 3 through 25, inclusive,

(FIRST REQUEST)
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Defendants.
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ALL RELATED CROSS-ACTIONS
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Complaint Filed:
Removal:
Trial:

July 17, 2014
September 4, 2014
May 14, 2018

Judge:

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Hon. Troy Nunley

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY

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Plaintiff CAROL GAONA and defendants/cross-defendants J.C. PENNEY COMPANY, INC.

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fka J.C. PENNEY CORPORATION (“JCP”), DOW ROOFING SYSTEMS, LLC fka JPS

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ELASTOMERICS CORPORATION dba STEVENS ROOFING SYSTEMS (“DOW”), and

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JOHNSON CONTROLS, INC. (“JOHNSON”), by and through their attorneys of record, respectfully

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submit this joint stipulation and proposed order to extend the dates in connection with the completion

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of discovery. Pursuant to Local Rule 144 and Federal Rule of Civil Procedure 16(b), the parties

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hereby stipulate and agree as follows:

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On May 10, 2016, this Court issued its Amended Pretrial Scheduling Order. (Doc. 41.) The

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Order requires all fact discovery completed by June 15, 2017, and specified that “completed” means

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that all depositions shall have been taken and any discovery disputes resolved. (Doc. 41 at p.2). The

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Order also stated, “Counsel are instructed to complete all discovery of expert witnesses in a timely

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manner in order to comply with the Court’s deadline for filing dispositive motions.” (Doc. 41 at p. 4.)

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The deadline to designate expert witnesses, including any expert witnesses’ written reports, is August

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18, 2017. (Doc. 41 at p.2) The deadline to file a dispositive motion is December 14, 2017. (Doc. 41 at

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p. 4.)

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After receiving the Order, the parties met and conferred and mutually agreed to complete all

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expert discovery by November 9, 2017. On July 14, 2016, the parties submitted a Stipulation and

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Order for Deadline to Complete All Expert Discovery specifying that “all expert discovery will be

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completed by November 9, 2017.” On July 28, 2016, this Court issued its Order that all expert

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discovery was to be completed by November 9, 2017. (Doc. 47).

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The parties have worked diligently toward completing discovery, have completed initial written

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discovery and document production. The parties have also scheduled and taken the depositions of

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multiple parties and third-party witnesses, and are working to schedule the depositions of additional

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third-party witnesses.

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The parties require additional time to complete discovery and the interests of all parties are best
served by continuing all current dates related to discovery in this action by approximately 30 days.
The Pretrial Scheduling Order may be modified by leave of court upon a showing of good
cause. (Doc. 41 at 11). The parties agree that good cause exists to extend the discovery deadlines in
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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY

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this case. Over the course of this litigation, the parties have taken over a dozen depositions of the

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parties and witnesses. As a result of these depositions and other discovery efforts, the parties have

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identified approximately four or five additional witnesses who must be deposed in order to uncover

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necessary facts relevant to this case. For example, counsel for Plaintiff indicated that the depositions

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of only three particular physicians were necessary to depose about the Plaintiff’s medical condition. In

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the spirit of cooperation, the Defendants agreed to proceed with those depositions and then consider

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whether additional depositions are necessary. Those depositions were taken recently, and the

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Defendants have determined that additional depositions are necessary. In addition, counsel for JC

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Penney has recently identified non-party witnesses that it wishes to depose. Those witnesses could not

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have been located and served earlier, despite diligent efforts to find them, and the parties do not have

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availability to schedule the depositions before the current deadline. For these reasons, the parties are

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unable to complete necessary additional depositions before the current June 15, 2017 deadline.

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Additionally, a short extension to the fact discovery deadline will necessarily require a corresponding

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extension of the deadlines related to expert discovery to allow the parties adequate time to prepare.

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For these reasons, good cause exists to modify the Pretrial Scheduling Order.

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The parties agree to the amended schedule, and agree that no party will be prejudiced if the
requested relief is granted.

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STIPULATION

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NOW, THEREFORE, IT IS STIPULATED AND AGREED that good cause exists to

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modify the current scheduling deadlines as follows:

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Event

Current Date

Stipulated Date

Fact Discovery

June 15, 2017

July 17, 2017

Expert Designation and Reports

August 18, 2017

September 22, 2017

Expert Discovery Deadline

November 9, 2017

December 1, 2017

Dispositive Motions

December 14, 2017

January 11, 2018

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY

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IT IS FURTHER STIPULATED AND AGREED by and among the Parties that all other

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provisions of the Scheduling Orders (Doc. 41, 47) shall remain in effect, including the Final Pretrial

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Conference scheduled on March 8, 2018 and the Trial scheduled to begin on May 14, 2018.

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Dated: May 26, 2017

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BARNES & THORNBURG LLP
By

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/s/ Joel R. Meyer
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Joel R. Meyer
Attorney for Defendant and Cross-Defendant DOW
ROOFING SYSTEMS LLC

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Dated: May 26, 2017

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/ Colleen Howard
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Colleen R. Howard
Attorney for Defendants and Cross-Defendants J.C.
PENNEY CORPORATION, INC. fka J.C. PENNEY
COMPANY, INC., and JOHNSON CONTROLS, INC.

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Dated: May 26, 2017

SEVEY, DONAHUE & TALCOTT, LLP
By

/s/ Jeffrey C. Sevey
Jeffrey C. Sevey
Attorney for Plaintiff CAROL GAONA

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY

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IT IS SO ORDERED.

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Dated: May 30, 2017

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY