Castillo v. ADT, LLC

Filing 37

STIPULATION and ORDER Re Case Schedule 36 signed by Senior Judge William B. Shubb on 1/29/2016: Good cause appearing, the scheduling order is modified as follows: Expert Disclosures Due by July 7, 2016; Rebuttal Expert Disclosures Due by July 2 1, 2016; All Discovery to be Completed by August 4, 2016; Motion for Class Certification shall be filed by September 2, 2016; Other Motions shall be filed by: October 13, 2016; the Final Pretrial Conference is reset for 12/19/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and the Jury Trial date is reset for 2/22/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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Linda Claxton (SBN 125729)
[e-mail]
Alec Hillbo (SBN 287185)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone:
213.239.9800
Facsimile:
213.239.9045

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Attorneys for Defendant ADT LLC

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Alan Harris (SBN 146079)
[e-mail]
Priya Mohan (SBN 228984)
[e-mail]
HARRIS & RUBLE
655 North Central Avenue, 17th Floor
Glendale, California 91203
Telephone:
323.962.3777
Facsimile:
323.962.3004

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David S. Harris (SBN 215224)
[e-mail]
NORTH BAY LAW GROUP
116 E. Blithedale Avenue, Suite #2
Mill Valley, California 92941-2024
Telephone:
415.388.8788
Facsimile:
415.388.8770

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Attorneys for Plaintiff RICARDO CASTILLO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICARDO CASTILLO, individually and on
behalf of all others similarly situated,

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JOINT STIPULATION REGARDING CASE
SCHEDULE

Plaintiff,

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Case No. 2:15-cv-00383-WBS-KJN

v.
ADT LLC and DOES 1–100, inclusive,

Complaint Filed: February 17, 2015
Trial Date:
October 18, 2016

Defendants.

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Case No. 2:15-cv-00383-WBS-KJN
JOINT STIPULATION REGARDING CASE SCHEDULE

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Defendant ADT LLC (hereinafter, “Defendant”) and Plaintiff Ricardo Castillo (hereinafter,

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“Plaintiff”) (collectively, the “Parties”) respectfully submit this Joint Stipulation Regarding Case

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Schedule.

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WHEREAS, in its July 28, 2015 Order on Defendant’s Motion to Dismiss/Stay (Document

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025), the Court stated that the parties may submit a stipulation for the court’s approval to modify

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the scheduling order. Pursuant that July 28, 2015 Order, the parties submitted a stipulation and on

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September 24, 2015, the Court entered an order modifying the scheduling as follows:
Expert Disclosures Due:

March 7, 2016

Rebuttal Expert Disclosures Due:

March 21, 2016

All Discovery Completed:

April 4, 2016

Motion for Class Cert. (filed):

May 2, 2016

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Other Motions (filed):

June 13, 2016

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Pretrial Conference:

August 29, 2016 at 2:00 p.m.

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Jury Trial:

October 18, 2016 at 9:00 a.m.

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WHEREAS, since the Court entered the Order dated September 23, 2015, the parties have

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engaged in discovery. The discovery in this matter involves voluminous pay records for a large

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number of employees over a several year period. Defendant ADT has been working diligently in

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order to obtain and produce relevant discovery;

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WHEREAS, the parties have identified the documentation and data most relevant to the
claims in this action and the parties have agreed to an exchange of a sample of this documentation

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and data in order to participate in a mediation;
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WHEREAS, the parties initially had some difficulty finding a mutually convenient date for
mediation but have now, in good faith, set a mediation date of March 24, 2016 with mediator Alan
Berkowitz, at the Judicate West offices in San Francisco; and

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WHEREAS, in order to allow the parties to prepare for and participate in the mediation, the

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parties mutually request that the Court continue certain deadlines in this matter in order to engage
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Case No. 2:15-cv-00383-WBS-KJN
JOINT STIPULATION REGARDING CASE SCHEDULE

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in the mediation process. Specifically, the parties wish to modify the scheduling order and

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continue the following deadlines by 120 days, as follows:

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July 7, 2016

Rebuttal Expert Disclosures Due:

July 21, 2016

All Discovery Completed:

August 4, 2016

Motion for Class Cert. (filed):

September 2, 2016

Other Motions (filed):

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Expert Disclosures Due:

October 13, 2016

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WHEREAS, the Pretrial Conference is currently scheduled to take place on August 29,
2016 at 2:00 p.m., and a Jury Trial is scheduled to begin on October 18, 2016, at 9:00 a.m. To the

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extent the parties’ mediation proves unsuccessful, the parties respectfully request that the Court

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similarly continue by 120 days the dates of the Pretrial Conference and Jury Trial, to a date that is

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convenient for the Court.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties.
DATED: January 29, 2016

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By:

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/s/ Alec Hillbo
Linda Claxton
Alec Hillbo

Attorneys for Defendant
ADT LLC

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

DATED: January 29, 2016

HARRIS & RUBLE

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By: /s/ Alan Harris
Alan Harris
Priya Mohan

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DATED: January 29, 2016

NORTH BAY LAW GROUP
By: /s/ David S. Harris
David S. Harris
Attorneys for Plaintiff
RICARDO CASTILLO

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Case No. 2:15-cv-00383-WBS-KJN
JOINT STIPULATION REGARDING CASE SCHEDULE

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ORDER
Good cause appearing, the scheduling order is modified as follows:

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July 7, 2016

Rebuttal Expert Disclosures Due:

July 21, 2016

All Discovery Completed:

August 4, 20161

Motion for Class Cert. (filed):

September 2, 2016

Other Motions (filed):

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Expert Disclosures Due:

October 13, 2016

Pretrial Conference:

December 19, 2016 at 1:30 p.m.

Jury Trial:

February 22, 2017 at 9:00 a.m.

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IT IS SO ORDERED:

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Dated: January 29, 2016

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23684591.1

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Case No. 2:15-cv-00383-WBS-KJN
JOINT STIPULATION REGARDING CASE SCHEDULE