Guinn v. Sugar Transport of the Northwest, Inc.

Filing 109

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 9/7/18: Final Pretrial Conference continued to 12/3/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Hearing as to 90 Motion for Summary Judgment moved to 10/29/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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DOWNEY BRAND LLP
CASSANDRA M. FERRANNINI (Bar No. 204277)
KATIE L. PATTERSON (Bar No. 266023)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
SUGAR TRANSPORT OF THE NORTHWEST, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOWNEY BRAND LLP

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RYAN GUINN, an individual, on behalf of
himself, and on behalf of all other persons
similarly situated,

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Plaintiffs,

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v.

Case No. 2:16-cv-00325-WBS-EFB
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF
DEADLINES

SUGAR TRANSPORT OF THE
NORTHWEST, INC.; BRONCO WINE
COMPANY, a California corporation;
CLASSIC WINES OF CALIFORNIA, a
California corporation, a California
corporation, and DOES 1 through 100,
Defendants.

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Plaintiff, RYAN GUINN (“Plaintiff”), and Defendant, SUGAR TRANSPORT OF THE

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NORTHWEST, INC. (“Sugar Transport”), (hereafter, when referenced in a collective manner,

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Plaintiff and Sugar Transport will be referred as “the Parties”), by and through their respective

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attorneys of record, hereby stipulate and agree as follows:
WHEREAS, on June 17, 2016, the Court entered a scheduling order, titled “Status

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(Pretrial Scheduling) Order” Document 22;
WHEREAS, on February 24, 2017, the Court entered a stipulated order, titled “Stipulation

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and Order Extending Scheduling Order,” Document 61, revising the Scheduling Order in this

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Case;
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1530700.3

STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES

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WHEREAS, on May 17, 2017, the Court entered a stipulated order, titled “Stipulation and

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Order Further Amending Scheduling Order and Extending Scheduling Date for Filing Motion for

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Class Certification,” Document 69, further revising the scheduling order in this Case;

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WHEREAS, on November 30, 2017, the Court entered a stipulated order, titled

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“Stipulation and Order Amending Scheduling Order” Document 77, further revising the

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scheduling order in this Case setting forth certain dates and deadlines in this action;
WHEREAS on May 23, 2018, the Court entered a stipulated order, titled “Stipulation and

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Order for Extension of Deadlines” Document 96, further revising the scheduling order in this

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Case setting forth certain dates and deadlines in this action;
WHEREAS, on July 9, 2018, the Court heard a joint motion filed by Plaintiff and

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Defendants Bronco Wine Company and Classic Wines of California (collectively as “Bronco”) to

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DOWNEY BRAND LLP

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approve the settlement reached by and between them;

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WHEREAS, on or about July 13, 2018, the Court granted the motion to approve the
settlement, in part, and ordered Bronco dismissed from this Case with prejudice;

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WHEREAS, on or about August 10, 2018, the Parties and Bronco agreed to a broad

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outline of a settlement but have yet to finalize an agreement memorializing all of the material

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terms of the settlement. Through this proposed agreement, the Parties and Bronco not only intend

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to memorialize the terms upon which Plaintiff and Sugar Transport have agreed to resolve the

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remaining issues in this Case and also set forth the terms upon which they, and Bronco, have

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agreed to resolve six related state court actions, all of which were brought against Sugar

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Transport and Bronco.

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WHEREAS, though the Parties are working diligently to finalize the agreement, it has not

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yet occurred, though they reasonably expect each and all of the terms thereof will be agreed to

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shortly and, thereafter, will be placed into the agreement;

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WHEREAS, once the material terms of the settlement agreement are agreed to and the

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agreement is then signed, because some of Plaintiff’s claims are subject to the Fair Labor

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Standards Act, the attorneys for Plaintiff and Sugar Transport reasonably believe they will have to

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obtain approval of the proposed settlement from this Court;
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1530700.3

STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES

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WHEREAS, given that the Parties need more time to finalize the settlement agreement

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and then to obtain this Court’s approval for that agreement, the Parties believe it is appropriate to

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move: (1) the hearing date for the currently pending motion for summary judgment; and (2) the

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Pre-Trial conference date. Any further litigation of this matter will only increase the costs of

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litigation for the Parties and burden on this Court.

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THEREFORE, the Parties hereby stipulate and agree to move the hearing date on the

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motion for summary judgment and modify the “Stipulation and Order Amending Scheduling

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Order,” Document 96, as follows:

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STIPULATION

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1)

The hearing date for Sugar Transport’s Motion for Summary Judgment or in the

Alternative Summary Adjudication shall be moved from September 17, 2018 at 1:30 p.m. to

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DOWNEY BRAND LLP

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October 29, 2018 at 1:30 p.m. The briefing schedule will follow the new hearing date; and

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2)

The Final Pretrial Conference shall be continued from to November 19, 2018 at

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1:30 p.m. to December 3, 2018 at 1:30 p.m.

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IT IS SO STIPULATED.

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DATED: September 7, 2018

DOWNEY BRAND LLP

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By:

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DATED: September 6, 2018

/s/ Cassandra M. Ferrannini
CASSANDRA M. FERRANNINI
KATIE L. PATTERSON
Attorney for Defendant
SUGAR TRANSPORT OF THE NORTHWEST,
INC.

PAGANO & KASS, APC.

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By:

/s/ James L. Pagano (as authorized on 9/06/18)
JAMES L. PAGANO
IAN A. KASS
Attorney for Plaintiff
RYAN GUINN

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STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES

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ORDER

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GOOD CAUSE APPEARING, it is hereby ORDERED that:

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1)

The hearing date for Sugar Transport’s Motion for Summary Judgment or in the

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Alternative Summary Adjudication shall be moved from September 17, 2018 at 1:30 p.m. to

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October 29, 2018 at 1:30 p.m. The briefing schedule will follow the new hearing date; and

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2)

The Final Pretrial Conference shall be continued from to November 19, 2018 at

1:30 p.m. to December 3, 2018 at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: September 7, 2018

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DOWNEY BRAND LLP

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1530700.3

STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES