Woodland Tractor and Equipment v.. CNH Industrial America

Filing 20

ORDER signed by District Judge Morrison C. England, Jr. on 5/16/2017 ORDERING Non-Expert Discovery completion date is hereby CONTINUED to 8/14/2017; Expert Disclosure CONTINUED to 9/4/2017; and the last day to hear dispositive motions is CONTINUED to 11/20/2017. (Reader, L)

1 R. Bryan Martin (Bar No. 221684)
[e-mail]
2 Laura Williams (Bar No. 286393)
[e-mail]
3 HAIGHT BROWN & BONESTEEL LLP
2050 Main Street, Suite 600
4 Irvine, California 92614
Telephone: [phone]
5 Facsimile: 714.754.0826
6 Attorneys for Defendant
CNH INDUSTRIAL AMERICA, LLC,
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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13 WOODLAND TRACTOR AND
EQUIPMENT CO., INC.,
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Plaintiff,
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v.
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CNH INDUSTRIAL AMERICA, LLC,
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Defendant.
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Case No. 2:15-CV-02042-MCE-DAD
JOINT STIPULATION TO
CONTINUE DISCOVERY CUT-OFF
AND RELATED DEADLINES;
ORDER
The Hon. Judge Morrison England, Jr. and
The Hon. Magistrate Judge Edmund F.
Brennan (temporary assignment)
Action Filed: August 17, 2015

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TO THE HONORABLE COURT:

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Plaintiff, Woodland Tractor and Equipment Co., Inc., and Defendant, CNH Industrial

23 America, LLC, by and through their respective counsel of record, hereby join in requesting
24 that the Court adjust the Pretrial Scheduling Order by continuing the discovery cut-off for both
25 expert and non-expert discovery, as well as the Motion Hearing Schedule in order to allow the
26 parties to complete necessary discovery and participate in a meaningful mediation.
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This request is based upon the following stipulation and statement of counsel:

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CA51-0000050
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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES; ORDER

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1.

Pursuant to the Court’s Amended Pretrial Scheduling Order [Dkt. # 18], all non-

2 expert discovery is to be completed by June 2, 2017.
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2.

Pursuant to the Court’s Amended Pretrial Scheduling Order [Dkt. # 16], expert

4 witness disclosures are to be made by May 15, 2017.
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3.

Pursuant to the Court’s Amended Pretrial Scheduling Order [Dkt. # 16], the last

6 day to hear dispositive motions is August 24, 2017.
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2.

Counsel for Plaintiff and Defendant have diligently and professionally worked

8 together to timely complete discovery. In addition to initial disclosures, the parties have
9 exchanged multiple sets of written discovery and requests for responsive documents, which
10 was necessary before commencing depositions.
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3.

To date, the parties have completed the following depositions:

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a. James Burnside (Defendant’s former employee) (Session I; Session II is in

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the process of being scheduled)

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b. Brad Preston (Defendant’s employee)

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c. Gary Chaney (Defendant’s employee)

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d. Ray Duke (Defendant’s employee)

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e. Seth Tansey (Defendant’s employee)

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f. Jeff Huckins (Plaintiff’s President and CEO (Session I; Session II is in the

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process of being scheduled)

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g. Tari Vinson (Plaintiff’s former employee)

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h. Jason Brown (Plaintiff’s former employee)

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4.

The parties are in the process of scheduling and completing the second sessions

23 of depositions of Jeff Huckins and James Burnside. Additionally, the parties are in the process
24 of scheduling the depositions of multiple 30(b)(6) witnesses, multiple third-party witnesses,
25 and multiple former employees of the parties.
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5.

Further, the parties have exchanged additional written discovery based upon the

27 testimony of the above-noted deponents. The parties have met and conferred, and continue to
28 work together to complete this outstanding discovery.
CA51-0000050
12298310.1

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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES; ORDER

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6.

In light of the foregoing, both parties acknowledge and request that the non-

2 expert discovery cut-off to be continued to complete all outstanding discovery. Both parties
3 also acknowledge that the expert disclosure deadline and dispositive motion deadlines have
4 been correspondingly impacted. In order for the parties to make complete expert disclosures
5 and prepare fully supported dispositive motions, the completion of all non-expert discovery
6 must be done first.
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7.

Additionally, at the conclusion of non-expert discovery, the parties have

8 expressed interest and an intent to participate in private mediation in hopes of resolving this
9 matter prior to trial.
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8.

As the parties have been cooperating to complete discovery as efficiently as

11 possible, have agreed to complete the outstanding depositions and potential additional
12 discovery as soon as reasonably possible, have agreed that the completion of non-expert
13 discovery is necessary before completion of expert disclosures and dispositive motions, and
14 plan to participate in meaningful mediation, the parties request continuance of the non-expert
15 discovery completion deadline, expert disclosure deadline, and last day for hearing dispositive
16 motions (including the related Motion Hearing Schedule).
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9.

Accordingly, good cause exists to continue the non-expert discovery deadline

18 and the parties jointly request that the Court further amend the AMENDED PRETRIAL
19 SCHEDULING ORDER as follows:
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Event

Current Deadline

Proposed Deadline

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Completion of non-expert
Discovery, as defined in
Section I of Dkt. #16
Disclosure
of
Expert
Witnesses
Last Day to Hear Dispositive
Motions and accompanying
Motion Hearing Scheduling

June 2, 2016

August 14, 2017

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May 15, 2017, as set forth in September 4, 2017
Section II of Dkt. #16
August 24, 2017, as set forth November 20, 2017
in Section III of Dkt. #16

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CA51-0000050
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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES; ORDER

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Respectfully submitted,

2 Dated: May 11, 2017

HAIGHT BROWN & BONESTEEL LLP

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By:

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R. BRYAN MARTIN
LAURA WILLIAMS
Attorneys for Defendant
CNH INDUSTRIAL AMERICA, LLC

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8 Dated: May 11, 2017
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KAHN, SOARES & CONWAY LLP

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By:

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/s/ Rissa Stuart
RISSA STUART
Attorney for Plaintiff
WOODLAND TRACTOR & EQUIPMENT
CO.

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CA51-0000050
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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES; ORDER

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ORDER
Upon reviewing the parties Joint Stipulation to Continue the Discovery Cut-Off and

3 Related Deadlines, and the Court finding good cause to modify its September 7, 2016 and
4 March 16, 2017 Amended Pretrial Scheduling Orders, the Court Orders as follows:
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The current non-expert discovery completion date of June 2, 2017, as defined in

6 Section I of ECF No. 16, is hereby continued to August 14, 2017.
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The current expert disclosure deadline of May 15, 2017, as defined in Section II of ECF

8 No.16, is hereby continued to September 4, 2017.
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The last day to hear dispositive motions of August 24, 2017 is hereby continued to

10 November 20, 2017. The accompanying Motion Hearing Schedule, as set forth in Section III
11 of ECF No. 16, shall be set from the new November 20 hearing date.
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IT IS SO ORDERED.

13 Dated: May 16, 2017
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CA51-0000050
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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES; ORDER

PROOF OF SERVICE

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2 STATE OF CALIFORNIA, COUNTY OF ORANGE
3 Woodland Tractor v. CNH
2:15-CV-02042-MCE-DAD
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At the time of service, I was over 18 years of age and not a party to this action. I
5 am employed in the County of Orange, State of California. My business address is 2050
Main Street, Suite 600, Irvine, CA 92614.
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On March 10, 2017, I served true copies of the following document(s) described as
7 JOINT STIPULATION TO CONTINUE NON-EXPERT DISCOVERY CUT-OFF;
PROPOSED ORDER on the interested parties in this action as follows:
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Rissa A. Stuart, Esq.
Counsel for Plaintiff
Kahn, Soares & Conway, LLP
Tel:
559.584.3337
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219 North Douty Street
Fax:
559.584.3348
Hanford, CA 93230
Email: [e-mail]
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BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed
to the persons at the addresses listed in the Service List and placed the envelope for
collection and mailing, following our ordinary business practices. I am readily familiar
with the practice of Haight Brown & Bonesteel LLP for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in
the county where the mailing occurred. The envelope was placed in the mail at Irvine,
California.

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I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct and that I am employed in the office of a member of
17 the bar of this Court at whose direction the service was made.
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Executed on ___________, 2017, at Irvine, California.

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Lori Totri

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CA51-0000050
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JOINT STIPULATION TO CONTINUE NONEXPERT DISCOVERY CUT-OFF