Avila et al v. Maciejewski

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/4/15 ORDERING that fact discovery cut off is EXTENDED to 12/17/2015 for the limited purpose of deposing North Coast Fabricators, Inc. employees Aaron LaGasse, Eric Simonsen a nd the four "persons most knowledgeable" identified in the 11/9/2015 Notice of Deposition. Fact discovery cut off for the limited purpose of holding the depositions of plaintiffs, Erica Avila, individually and as parent and guardian, and Tawnya Stanley, as parent and guardian, is EXTENDED to 6/30/2016. (Kastilahn, A)

1 JENNIFER J. CAPABIANCO (SBN 193371)
[e-mail]
2 SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
3 San Francisco, CA 94105-4537
Telephone: [phone]
4 Facsimile: 415.979.2099
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Attorneys for Defendant, NORTH COAST
6 FABRICATORS, INC.
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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW

Selman Breitman

LLP

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EASTERN DISTRICT OF CALIFORNIA
ERICA AVILA; TAWNYA STANLEY, AS No. 2: 14-cv-2284- TLN CKD (TEMP)
PARENT AND GUARDIAN AD LITEM
FOR CA; TAWNYA STANLEY, AS
STIPULATION AND ORDER FOR LIMITED
PARENT AND GUARDIAN AD LITEM
EXTENSION OF FACT DISCOVERY
FOR CA; ERICA AVILA, AS PARENT
AND GUARDIAN AD LITEM FOR CB;
ERICA AVILA, AS PARENT AND
GUARDIAN AD LITEM FOR MB; AND
PAUL AVILA ,

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Plaintiffs,
v.

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DANIEL MACIEJEWSKI, SAVAGE
18 LOGISTICS, LLC, and NORTH COAST
FABRICATORS, INC.,
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Defendants.
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The parties to this action, by and through their counsel of

22 record, hereby stipulate to a limited extension of fact
23 discovery for the purpose of completing depositions of those
24 witnesses for whom deposition notices were served prior to
25 discovery cut-off.
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I. PROCEDURAL HISTORY

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On April 20, 2015, this Court issued its Pretrial

28 Scheduling Order.
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327240.1 232.37586

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[Doc.16]

The Pretrial Scheduling Order set
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STIPULATION AND ORDER FOR LIMITED EXTENSION OF FACT DISCOVERY
2: 14-cv-2284- TLN CKD (TEMP)

1 fact discovery cut off for December 3, 2015, expert disclosure
2 discovery cut off for February 4, 2016, and June 2, 2106 as the
3 last date to hear dispositive motions.

Finally, this Court set

4 the trial to occur on November 14, 2016.
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The parties appeared for Mediation on September 23, 2015.

6 The parties did not reach a settlement.
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North Coast Fabricators, Inc. immediately thereafter served

8 follow-up written discovery to all plaintiffs and to defendants,
9 Savage Logistics, LLC and Daniel Maciejewski.

Upon receipt and

11 Maciejewski, discovery responses, North Coast Fabricators, Inc.
12 noticed the depositions of the Savage Logistics, LLC's employees
ATTORNEYS AT LAW

Selman Breitman

LLP

10 analysis of defendants', Savage Logistics, LLC and Daniel

13 identified to date and all plaintiffs.
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Savage Logistics, LLC and Daniel Maciejewski noticed the

15 depositions of North Coast Fabricators, Inc.'s employees, Eric
16 Simonsen and Aaron LaGasse.

The parties dispute the date and

17 method of service of the Notices of Deposition for Eric Simonsen
18 and Aaron LaGasse.

On November 9, 2015, Savage Logistics, LLC

19 and Daniel Maciejewski served a Notice of Deposition directed
20 towards North Coast Fabricators, Inc.'s "persons most
21 knowledgeable" regarding four categories of testimony.

However,

22 given all the other hearings and depositions on calendar for
23 this case, and counsels' remaining case load, counsel for North
24 Coast Fabricators, Inc. had no availability dates to prepare for
25 and hold the depositions of the North Coast Fabricators, Inc.
26 employees prior to discovery cut off.

The next available dates

27 for those depositions are December 16, and 17, 2015.
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327240.1 232.37586

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STIPULATION AND ORDER FOR LIMITED EXTENSION OF FACT DISCOVERY
2: 14-cv-2284- TLN CKD (TEMP)

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The parties also require the depositions of plaintiffs.

2 However, the main issue of dispute at this time is liability.
3 Plaintiffs, Erica Avila, individually and as parent and
4 guardian, and Tawnya Stanley, as parent and guardian, do not
5 have knowledge of liability facts.

The parties would like to

6 complete liability discovery and wait to hold the depositions of
7 plaintiffs Erica Avila, individually and as parent and guardian,
8 and Tawnya Stanley, as parent and guardian, until after a second
9 Mediation session in an attempt to resolve this matter most

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II.

12
ATTORNEYS AT LAW

Selman Breitman

LLP

10 efficiently.
STPIULATION

The parties stipulate and agree to hold the depositions of

13 Aaron LaGasse, Eric Simonsen and the four "persons most
14 knowledgeable" identified in the November 9, 2015 Notice of
15 Deposition on December 16 and 17, 2015.

The parties stipulate

16 that discovery cut off be continued to December 17, 2015 for the
17 limited purpose of deposing North Coast Fabricators, Inc.
18 employees Aaron LaGasse, Eric Simonsen and the four "persons
19 most knowledgeable" identified in the November 9, 2015 Notice of
20 Deposition.
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The parties further stipulate and agree to extend discovery

22 cut off for the limited purpose of holding the depositions of
23 plaintiffs, Erica Avila, individually and as parent and
24 guardian, and Tawnya Stanley, as parent and guardian, until June
25 30, 2016.
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All other cut off dates will follow the April 20, 2015

27 Pretrial Scheduling Order.
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IT IS SO STIPULATED:
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STIPULATION AND ORDER FOR LIMITED EXTENSION OF FACT DISCOVERY
2: 14-cv-2284- TLN CKD (TEMP)

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DATED:

November 23, 2015

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JENNIFER J. CAPABIANCO
SELMAN BREITMAN LLP

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By: /s/Jennifer J. Capabianco _____________
JENNIFER J. CAPABIANCO
Attorneys for Defendant, NORTH
COAST FABRICATORS, INC.

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9 DATED:

November 24, 2015

BROWNSTEIN THOMAS LLP

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By: /s/Mark C. Thomas __________________
MARK C.THOMAS
Attorneys for Plaintiffs, ERICA
AVILA; TAWNYA STANLEY, AS PARENT
AND GUARDIAN AD LITEM FOR CA;
TAWNYA STANLEY, AS PARENT AND
GUARDIAN AD LITEM FOR CA; ERICA
AVILA, AS PARENT AND GUARDIAN AD
LITEM FOR CB; ERICA AVILA, AS
PARENT AND GUARDIAN AD LITEM FOR
MB; AND PAUL AVILA

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ATTORNEYS AT LAW

Selman Breitman

LLP

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20 DATED:

November 24, 2015

LAW OFFICES OF STEPHEN J. GOROG

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By: /s/Stephen J. Gorog __________________
STEPHEN J. GOROG
Attorneys for Plaintiffs, ERICA
AVILA; TAWNYA STANLEY, AS PARENT
AND GUARDIAN AD LITEM FOR CA;
TAWNYA STANLEY, AS PARENT AND
GUARDIAN AD LITEM FOR CA; ERICA
AVILA, AS PARENT AND GUARDIAN AD
LITEM FOR CB; ERICA AVILA, AS
PARENT AND GUARDIAN AD LITEM FOR
MB; AND PAUL AVILA
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STIPULATION AND ORDER FOR LIMITED EXTENSION OF FACT DISCOVERY
2: 14-cv-2284- TLN CKD (TEMP)

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2 DATED:

November 23, 2015

CLINTON & CLINTON

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By: /s/ Marlon D'Oyen ___________________
MARLON D'OYEN
Attorneys for Defendants, DANIEL
MACIEJEWSKI and SAVAGE
LOGISTICS, LLC

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ORDER

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ATTORNEYS AT LAW

Selman Breitman

LLP

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Based upon the stipulation of the parties, and good cause
appearing therefore, the Court makes the following revision to
the Pre Trial Scheduling Order:
Fact discovery cut off is extended to December 17, 2015 for
the limited purpose of deposing North Coast Fabricators, Inc.
employees Aaron LaGasse, Eric Simonsen and the four "persons
most knowledgeable" identified in the November 9, 2015 Notice of
Deposition.
Fact discovery cut off for the limited purpose of holding
the depositions of plaintiffs, Erica Avila, individually and as
parent and guardian, and Tawnya Stanley, as parent and guardian,
is extended to June 30, 2016.
All other cut off dates will follow the April 20, 2015
Pretrial Scheduling Order.

IT IS SO ORDERED.
Dated: December 4, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER FOR LIMITED EXTENSION OF FACT DISCOVERY
2: 14-cv-2284- TLN CKD (TEMP)