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

Filing 74

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/27/17, ORDERING that the scheduling deadlines are modified as follows: Expert Discovery Deadline 1/5/2018, Dispositive Motions to be filed by 2/8/2018, Joint Final Pretrial ConferenceStatement due 5/24/2018. The Final Pretrial Conference is SET for 5/31/2018 at 02:00 PM, and the Trial is SET for 8/20/2018 at 09:00 AM, BOTH in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (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,

(SECOND 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 (2ND)

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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 this civil action.

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

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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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On May 26, 2017, the parties, after having met and conferred, mutually agreed that additional

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time was needed to complete the necessary discovery and filed a joint stipulation to modify the Pretrial

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Scheduling Order.

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY (2ND)

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On May 31, 2017, this Court ordered the scheduling deadlines modified as follows:

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Event

Former Date

Current Date

Fact Discovery

June 15, 2017

July 17, 2017

Expert Designation and Reports

August 18, 2017

September 22, 2017

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Expert Discovery Deadline

November 9, 2017

December 1, 2017

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Dispositive Motions

December 14, 2017

January 11, 2018

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The parties disclosed eighteen (18) retained experts by the September 22, 2017 deadline, and
since those disclosures the parties have worked diligently toward completing discovery and attempted
to schedule and take the depositions of many of the disclosed experts. Due to the logistical difficulties
involved in scheduling feasible deposition dates, the parties require additional time to complete
discovery and the parties agree that the interests of all parties are best served by continuing many of
the dates 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 deadlines in this case.
Over the course of this litigation, a total of eighteen (18) expert witnesses have been retained in
connection with this action, and the parties have sought to depose most of those. In the spirit of
cooperation, all parties have been very accommodating in order to schedule the various experts
retained, but some experts, including Dr. Seidenwurm, Dr. Cassini, and Mr. Murphy, will likely not be
deposed by the December 1, 2017 deadline. Additionally, a short extension to the expert discovery
deadline will necessarily require a corresponding extension of some following deadlines to allow the
parties adequate time to prepare. For these reasons, good cause exists to modify the Pretrial
Scheduling Order.
The parties also take this opportunity to inform this Court that the parties have reviewed the
available evidence and arguments that resulted from discovery and have mutually come to the

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY (2ND)

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conclusion that a proper adjudication of this matter will very likely exceed the 4-7 trial days set for this

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case. In the parties’ considered and agreed-upon opinion, this civil action will likely require between

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10-14 trials days to resolve. The parties wish to give notice to this Court regarding the anticipated

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number of trial days this civil action will require in the event that the increase in requested trial days

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affects either the current trial date of May 14, 2018, or the parties’ requested continuation of various

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deadlines in the Pretrial Scheduling Order, or both.

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The parties agree to the amended schedule, and agree that no party will be prejudiced if the

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requested relief is granted. Parties also request that, in the event that the trial date is continued in light

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of the anticipated number of trial days necessary to adjudicate this matter, the dates for Dispositive

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Motions, the Joint Final Pretrial Conference Statement, and the Final Pretrial Conference be continued

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accordingly.

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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

Expert Discovery Deadline

December 1, 2017

January 5, 2018

Dispositive Motions

January 11, 2018

February 8, 2018

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Joint Final Pretrial Conference

March 1, 2018

May 24, 2018

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Statement
Final Pretrial Conference

March 8, 2018

May 31, 2018 at 2:00 PM

Trial

May 14, 2018

August 20, 2018 at 9:00 AM

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With respect to the trial date an associated pretrial conference deadlines, the parties request the
Court’s guidance on whether those dates should remain on calendar or be rescheduled given the
parties’ agreement that the trial will likely take 10-14 days rather than the 4-7 days.

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY (2ND)

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Dated: November 21, 2017

BARNES & THORNBURG LLP

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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: November 21, 2017

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/ Colleen R. 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: November 21, 2017

SEVEY, DONAHUE & TALCOTT, LLP

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By
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/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 (2ND)

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IT IS SO ORDERED.
Dated: November 27, 2017
Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO COMPLETE EXPERT DISCOVERY (2ND)