Alvarez Zardain v. IPACPA US, Inc.

Filing 45

ORDER signed by District Judge Morrison C. England, Jr. on 1/6/2017 ORDERING Plaintiff's 37 Motion Hearing on Relief From Pretrial Scheduling Order Reset for 2/9/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.; Opposition due by 1/20/2017; and Replies due by 1/27/2017. (Reader, L)

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DOWNEY BRAND LLP
JAMIE P. DREHER (Bar No. 209380)
CHRISTOPHER B. BURTON (Bar No. 296582)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
ENRIQUE ALVAREZ ZARDAIN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ENRIQUE ALVAREZ ZARDAIN, an
individual,

DOWNEY BRAND LLP

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Plaintiff,
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v.

CASE NO. 2:15-cv-01207-MCE-EFB
STIPULATION AND ORDER TO EXTEND
BRIEFING DEADLINES ASSOCIATED
WITH MOTION SEEKING RELIEF
FROM PRETRIAL SCHEDULING ORDER

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IPACPA US, INC., a Delaware
corporation, TRC HOLDINGS, INC., a
Delaware corporation, and DOES 1-20,

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Defendants.

Date:
Time:
Dept.:
Judge:

January 12, 2017
2:00 p.m.
Courtroom 7
Hon. Morrison C. England

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RECITALS

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A.

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On October 18, 2016, Plaintiff Enrique Alvarez Zardain (“Plaintiff”) filed his

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Motion Seeking Relief From Pretrial Scheduling Order (the “Motion”). (Dkt. No. 37.) The

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Motion was originally set for hearing on December 1, 2016 at 2:00 p.m.
B.

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On November 15, 2016, Plaintiff filed a Stipulation and Order to Continue

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Hearing on Motion Seeking Relief From Pretrial Scheduling Order, seeking to continue the

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hearing on the Motion to December 15, 2016. (Dkt. No. 39.) On November 17, 2016, the Court

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entered the Order continuing the hearing to December 15, 2016 at 2:00 p.m. (Dkt. No. 40.)
C.

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On December 1, 2016, Plaintiff filed a further Stipulation and Order to Continue

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Hearing on Motion Seeking Relief From Pretrial Scheduling Order, seeking to continue the

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hearing on the Motion to January 12, 2017, and extend the filing deadline for Defendant TRC
1466944.1

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STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES ASSOCIATED WITH
MOTION SEEKING RELIEF FROM PRETRIAL SCHEDULING ORDER

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Holdings, Inc.’s opposition to December 8, 2016, and Plaintiff’s reply to December 15, 2016.

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(Dkt. No. 41.)

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D.

On December 8, 2016, Plaintiff filed a further Stipulation and Order to Continue

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Hearing on Motion Seeking Relief From Pretrial Scheduling Order, seeking, once again, to

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continue the hearing on the Motion to January 12, 2017, but requesting that the associated

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briefing deadlines be further extended to December 15, 2016 for Defendant TRC Holdings, Inc.’s

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opposition, and December 22, 2016 for Plaintiff’s reply. (Dkt. No. 42.) The Court has not yet

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entered an Order granting the stipulation.

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E.

On December 13, 2016, the Court entered its Order on the stipulation filed on

December 1, 2016 (Dkt. No. 41), continuing the hearing to January 12, 2017, and extending the

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filing deadline for Defendant TRC Holdings, Inc.’s opposition to December 8, 2016, and

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DOWNEY BRAND LLP

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Plaintiff’s reply to December 15, 2016. (Dkt. No. 43.)

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F.

The parties continue to discuss a settlement that would resolve this action in its

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entirety and therefore wish to further extend the briefing deadlines associated with the Motion, to

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avoid incurring additional attorneys’ fees at this time.

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G.

Given that the Court has yet to enter an Order granting the stipulation filed on

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December 8, 2016 (Dkt. No. 42), this Stipulation is meant to supersede the prior stipulation. The

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only germane distinction between the current Stipulation and the version filed on December 8,

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2016 is the stipulated briefing deadlines.

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STIPULATION

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In accordance with the foregoing stipulation, the dates for filing an opposition and

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1.

Defendant TRC Holdings, Inc.’s opposition to the Motion will be due to be filed

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on December 22, 2016, and Plaintiff’s reply will be due to be filed on December 29, 2016.

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1466944.1

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STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES ASSOCIATED WITH
MOTION SEEKING RELIEF FROM PRETRIAL SCHEDULING ORDER

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DATED: December 15, 2016

DOWNEY BRAND LLP

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By:

/s/ Christopher B. Burton
JAMIE P. DREHER
CHRISTOPHER B. BURTON
Attorneys for Plaintiff
Enrique Alvarez Zardain

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DATED: December 15, 2016

HILL RIVKINS BROWN & ASSOCIATES

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By: /s/ Adam C. Brown (as authorized on 12-15-16)
ADAM C. BROWN
Attorneys for Defendant
TRC Holdings, Inc.

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DOWNEY BRAND LLP

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ORDER

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The deadlines for filing an opposition to Plaintiff’s Motion Seeking Relief from

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Scheduling Order [37] is extended from December 8, 2016 to January 20, 2017, and the last day

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to submit a reply shall be continued from December 22, 2016 to January 27, 2017. While the

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Court recognizes those dates are beyond those proposed in the foregoing stipulation, they are

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consistent with the new hearing date on the Motion, which the Court sua sponte continues from

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January 12, 2017 to February 9, 2017 at 2:00 p.m. in Courtroom No. 7.

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IT IS SO ORDERED.

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Dated: January 6, 2017

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1466944.1

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STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES ASSOCIATED WITH
MOTION SEEKING RELIEF FROM PRETRIAL SCHEDULING ORDER