Guinn v. Sugar Transport of the Northwest, Inc.

Filing 33

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/23/16 ORDERING that The deadline for the Parties to disclose Expert Witnesses is EXTENDED from 9/10/16 to 12/9/16, with the disclosure of any rebuttal Expert Witnesses regarding clas s certification EXTENDED from 9/25/16 12/27/16. The deadline for the Parties to disclose those experts is EXTENDED from 11/28/16 to 2/28/17, with the deadline to disclose expert witnesses intended solely for rebuttal at trial and produce their repo rts is EXTENDED from 12/27/16, to 3/27/17. The deadline to complete all Discovery, is EXTENDED from 1/27/17 to 4/27/17. The date by when all motions to compel discovery must be noticed on the Magistrate Judges calendar is EXTENDED from 1/27/17 to 4 /27/17. The deadline for Plaintiff to file a Motion for Class Certification is EXTENDED from 10/31/16 to 1/31/17. The deadline for filing all other Motions, except Motions for continuances, temporary restraining orders, or other emergency applicat ions, is EXTENDED from 2/27/17 to 3/30/17. The Final Pretrial Conference is CONTINUED from 4/24/17 to 7/31/17 at 1:30 P.M. in Courtroom No. 5. Trial is CONTINUED from 5/31/17 to 9/26/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Mena-Sanchez, L)

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JAMES L. PAGANO, ESQ. (Cal. State Bar No. 098185)
IAN A. KASS, ESQ. (Cal. State Bar No. 184480)
PAGANO & KASS, APC
96 North Third Street, Suite 525
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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

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ALAN S. LEVINS, ESQ. (Cal. State Bar No. 057612)
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JOHN H. ADAMS, JR., ESQ. (Cal. State Bar No. 253341)
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant,
SUGAR TRANSPORT OF THE NORTHWEST, INC.

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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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.

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Case No.: 2:16-cv-00325-WBS-EFB
STIPULATION AND [PROPOSED] ORDER
EXTENDING SCHEDULED DATES FOR
SETTLEMENT EFFORTS
Judge: Hon. William B. Shubb
Courtroom: 5

SUGAR TRANSPORT OF THE
NORTHWEST, INC., a California
corporation, and DOES 1 through 100,

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Defendants.
___________________________________/

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STIPULATION AND [PROPOSED] ORDER EXTENDING SCHEDULED DATES FOR SETTLEMENT
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EFFORTS

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COME NOW, Plaintiff, RYAN GUINN (“Plaintiff”), and Defendant, SUGAR TRANSPORT

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OF THE NORTHWEST, INC. (“Defendant”), (hereafter, Plaintiff and Defendants will be referred

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to collectively as “the Parties”), by and through their respective attorneys of record, and they hereby

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stipulate and agree as follows with regard to extending the scheduled dates in this Case:

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WHEREAS, on July 21, 2016, Plaintiff propounded written discovery to Defendant seeking

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information and documents pertaining to the issues that will be before the Court when it considers

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class certification;

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WHEREAS, following Defendant’s receipt of that written discovery, the Parties agreed to
an expedited mediation of the Case;

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WHEREAS, on Monday, August 8, 2016, the Parties engaged in a mediation of the Case
with Robert “Bo” Links, an attorney who practices law in San Francisco, California;

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WHEREAS, during the mediation, the Parties agreed that an informal exchange of

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information is necessary to further pursue the mediation in a meaningful way, and that the

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production and review of that information would occur in August 2016, with follow-up mediation

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efforts to take place initially by phone on Friday, September 2, 2016;

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WHEREAS, the mediator, Attorney Links, has informed the Parties that he will be out of the

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country and unavailable from mid-September 2016 through early October 2016 so that any further

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mediation session will not take place until mid-October 2016;

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WHEREAS, the Parties believe that the efforts to mediate will be more productive if the

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Parties are not required to concurrently incur expenses to engage in extensive written and oral

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discovery and briefing of class certification issues, the motion for which is now due to be filed by

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no later than October 31, 2016.

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THEREFORE, the Parties hereto stipulate and agree that the deadlines previously scheduled

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by the Court, through its scheduling order, titled, “Status (Pretrial Scheduling) Order,” be extended

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90 days, as follows:

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(1)

The deadline for the Parties to disclose expert witnesses from whom they plan to offer

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testimony regarding class certification be extended from September 10, 2016 to December

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9, 2016, with the disclosure of any rebuttal expert witnesses regarding class certification
STIPULATION AND [PROPOSED] ORDER EXTENDING SCHEDULED DATES FOR SETTLEMENT
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EFFORTS

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extended from September 25, 2016 to December 26, 2016.
(2)

The deadline for the Parties to disclose those experts from whom they intend to offer

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testimony at trial and produce reports in accordance with Federal Rule of Civil Procedure

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26(a)(2) be extended from November 28, 2016 to February 28, 2017, with the deadline to

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disclose expert witnesses intended solely for rebuttal at trial and produce their reports in

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accordance with Federal Rule of Civil Procedure 26(a)(2) extended from December 27,

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2016, to March 27, 2017.

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(3)

The deadline to complete all discovery, including depositions for preservation of testimony,

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be extended from January 27, 2017 to April 27, 2017. The date by when all motions to

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compel discovery must be noticed on the Magistrate Judge’s calendar in accordance with the

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Local Rules of this Court and so that such motions may be heard (and any resulting orders

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obeyed) be extended from January 27, 2017 to April 27, 2017.

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(4)

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The deadline for Plaintiff to file a motion for class certification be extended from October
31, 2016 to January 31, 2017.

(5)

The deadline for filing all other motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, be extended from February 27, 2017 to

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May 30, 2017.

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(6)

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The Final Pretrial Conference be continued from April 24, 2017 at 1:30 p.m. to on or about
July 24, 2017 at 1:30 p.m. in Courtroom No. 5.

(7)

The Trial be continued from May 31, 2017 at 9:00 a.m. to on or about August 30, 2017 at
9:00 a.m. in Courtroom No. 5.

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IT IS SO STIPULATED.

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Dated: August 23, 2016

Respectfully submitted,

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PAGANO & KASS, APC

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/s/ Ian A. Kass

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JAMES L. PAGANO, ESQ.,
IAN A. KASS, ESQ.,
Attorneys for Plaintiff, Ryan Guinn

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STIPULATION AND [PROPOSED] ORDER EXTENDING SCHEDULED DATES FOR SETTLEMENT
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EFFORTS

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Dated: August 23, 2016

LITTLER MENDELSON, P.C.

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/s/ John H. Adams, Jr.

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ALAN S. LEVINS, ESQ.,
JOHN H. ADAMS, JR., ESQ.
Attorneys for Defendant,
Sugar Transport of the Northwest, Inc.

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ORDER

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GOOD CAUSE APPEARING, it is hereby ORDERED that the “Status (Pretrial Scheduling)

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Order” entered in the above-titled matter on June 17, 2016 is modified to extend the deadlines as

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follows:

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(1)

The deadline for the Parties to disclose expert witnesses from whom they plan to offer

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testimony regarding class certification be extended from September 10, 2016 to December

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9, 2016, with the disclosure of any rebuttal expert witnesses regarding class certification

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extended from September 25, 2016 to December 27, 2016.

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(2)

The deadline for the Parties to disclose those experts from whom they intend to offer

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testimony at trial and produce reports in accordance with Federal Rule of Civil Procedure

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26(a)(2) be extended from November 28, 2016 to February 28, 2017, with the deadline to

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disclose expert witnesses intended solely for rebuttal at trial and produce their reports in

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accordance with Federal Rule of Civil Procedure 26(a)(2) extended from December 27,

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2016, to March 27, 2017.

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(3)

The deadline to complete all discovery, including depositions for preservation of testimony,

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be extended from January 27, 2017 to April 27, 2017. The date by when all motions to

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compel discovery must be noticed on the Magistrate Judge’s calendar in accordance with the

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Local Rules of this Court and so that such motions may be heard (and any resulting orders

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obeyed) be extended from January 27, 2017 to April 27, 2017.

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(4)

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The deadline for Plaintiff to file a motion for class certification be extended from October
31, 2016 to January 31, 2017.

(5)

The deadline for filing all other motions, except motions for continuances, temporary

STIPULATION AND [PROPOSED] ORDER EXTENDING SCHEDULED DATES FOR SETTLEMENT
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EFFORTS

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restraining orders, or other emergency applications, be extended from February 27, 2017 to

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May 30, 2017.

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(6)

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The Final Pretrial Conference be continued from April 24, 2017 at 1:30 p.m. to on or about
July 31, 2017 at 1:30 p.m. in Courtroom No. 5.

(7)

The Trial be continued from May 31, 2017 at 9:00 a.m. to on or about September 26, 2017
at 9:00 a.m. in Courtroom No. 5.

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IT IS SO ORDERED.
Dated: August 23, 2016

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STIPULATION AND [PROPOSED] ORDER EXTENDING SCHEDULED DATES FOR SETTLEMENT
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EFFORTS