Guinn v. Sugar Transport of the Northwest, Inc.

Filing 61

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/23/17: Designation of Expert Witnesses due by 7/31/2017. Discovery due by 9/15/2017. Dispositive Motions filed by 9/29/2017. Final Pretrial Conference continued to 11/20/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Trial continued to 12/12/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

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]
Attorneys for Plaintiff, RYAN GUINN,
an individual, on behalf of himself, and on
behalf of all other persons similarly situated
CASSANDRA M. FERRANNINI, ESQ. (Cal. State Bar No. 204277)
ALEXANDRA K. LAFOUNTAIN, ESQ. (Cal. State Bar No. 301003)
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant,
SUGAR TRANSPORT OF THE NORTHWEST, INC.

17

IN THE UNITED STATES DISTRICT COURT

18

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

19

SACRAMENTO DIVISION

20
21
22

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

23
24

vs.

25

SUGAR
TRANSPORT
OF
THE
NORTHWEST,
INC.,
a
California
corporation, et al.,

26

Case No.: 2:16-cv-00325-WBS-EFB
STIPULATION AND [PROPOSED]
ORDER AMENDING SCHEDULING
ORDER
Judge: Hon. William B. Shubb
Courtroom: 5

27

Defendants.
28
STIPULATION AND ORDER AMENDING SCHEDULING ORDER

1

1

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

2
3

TRANSPORT OF THE NORTHWEST, INC. (“Defendant”) (hereafter, when referenced in a

4

collective manner, Plaintiff and Defendant will be referred to collectively as “the Parties”), by

5

and through their respective attorneys of record, and they hereby stipulate and agree as follows:

6
7

WHEREAS, on June 17, 2016, the Court entered a scheduling order, titled “Status
(Pretrial Scheduling) Order” (“Initial Scheduling Order”) Document 22;

8
9

WHEREAS, on August 23, 2016, the Parties, then engaged in mediation efforts, asked

10

the Court to extend the dates in the Initial Scheduling Order, believing that the efforts to

11

mediate would be more productive;

12
13

WHEREAS, on August 24, 2016, the Court entered a stipulated order, titled “Stipulation
and Order Extending Scheduled Dates for Settlement Efforts,” Document 33 (“Revised

14
15

Scheduling Order”), revising the Initial Scheduling Order in this Case;

16

WHEREAS, according to the referenced Revised Scheduling Order, the deadline for the

17

Parties to disclose those experts from whom they intend to offer testimony at trial and produce

18

reports is Tuesday, February 28, 2017, with the deadline to disclose rebuttal expert witnesses on

19

Monday, March 27, 2017;
20
21

WHEREAS, on January 24, 2017, the Court, on Plaintiff’s motion, entered an order

22

granting Plaintiff leave to amend his complaint in this Case to add two additional defendants,

23

Bronco Wine Company and Classic Wines of California (collectively as “Newly Added

24

Defendants”);

25

WHEREAS, on January 26, 2017, the Court postponed the deadline for Plaintiff to file a
26
27
28

certification motion, through a stipulated order, titled, “Stipulation and Order Extending
Scheduled Date for Filing Motion for Class Certification,” Document 53, to May 1, 2017;
STIPULATION AND ORDER AMENDING SCHEDULING ORDER

2

1

WHEREAS, following the filing and service of Plaintiff’s amended complaint, the

2
3

Answers of the Newly Added Defendants are not due until Monday, February 27, 2017.

4

WHEREAS, in view of the February 27, 2017 deadline scheduled for the Newly Added

5

Defendants to respond to the amended complaint and appear in the Case, the Parties believe

6
7

there will be insufficient time to meaningfully meet and confer regarding the Case deadlines
with the Newly Added Defendants’ counsel before the current February 28, 2017 deadline for

8
9

expert disclosures;

10

THEREFORE, the Parties hereto hereby stipulate and agree that the following deadlines

11

previously scheduled by the Court through the Revised Scheduling Order be extended as

12

follows:

13

(1)

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

14

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

15
16

26(a)(2) be extended from February 28, 2017 to July 31, 2017, with the deadline to

17

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

18

accordance with Federal Rule of Civil Procedure 26(a)(2) extended from March 27, 2017,

19

to August 21, 2017.
20
21

(2)

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

22

testimony, be extended from April 27, 2017 to September 15, 2017. The date by which

23

all motions to compel discovery must be noticed on the Magistrate Judge’s calendar in

24

accordance with the Local Rules of this Court and so that such motions may be heard

25

(and any resulting orders obeyed) be extended from April 27, 2017 to September 15,
26
27

2017.

28
STIPULATION AND ORDER AMENDING SCHEDULING ORDER

3

1

(3)

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

2

restraining orders, or other emergency applications, be extended from May 30, 2017 to

3

September 29, 2017.

4
5

(4)

6

The Final Pretrial Conference be continued from July 31, 2017 at 1:30 p.m. to on or
about November 20, 2017 at 1:30 p.m. in Courtroom No. 5.

7

(5)

The Trial be continued from September 26, 2017 at 9:00 a.m. to on or about December

8
9

12, 2017 at 9:00 a.m. in Courtroom No. 5.

10

IT IS SO STIPULATED.

11

Dated: February 23, 2017

12

Respectfully submitted,
PAGANO & KASS, APC
/s/ Ian A. Kass
___________________________________
JAMES L. PAGANO, ESQ.,
IAN A. KASS, ESQ.,
Attorneys for Plaintiff, Ryan Guinn

13
14
15
16
17
18
19
20
21

Dated: February 23, 2017

DOWNEY BRAND, LLP
/s/ Cassandra M. Ferrannini
___________________________________
CASSANDRA M. FERRANNINI, ESQ.,
ALEXANDRA K. LAFOUNTAIN, ESQ.,
Attorneys for Defendant,
Sugar Transport of the Northwest, Inc.

22
23
24
25
26
27
28
STIPULATION AND ORDER AMENDING SCHEDULING ORDER

4

1

ORDER
2

GOOD CAUSE APPEARING, it is hereby ORDERED that the “Stipulation and Order

3
4

Extending Scheduled Dates for Settlement Efforts,” Document 33, entered in the above-

5

captioned matter on August 24, 2016, is modified as follows:

6

(1)

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

7

testimony at trial and produce reports in accordance with Federal Rule of Civil Procedure
8

26(a)(2) is extended from February 28, 2017 to July 31, 2017, with the deadline to

9
10

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

11

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

12

2017, to August 21, 2017.

13

(2)

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

14

testimony, is extended from April 27, 2017 to September 15, 2017. The date by which

15
16

all motions to compel discovery must be noticed on the Magistrate Judge’s calendar in

17

accordance with the Local Rules of this Court and so that such motions may be heard

18

(and any resulting orders obeyed) is extended from April 27, 2017 to September 15,

19

2017.
20
21

(3)

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

22

restraining orders, or other emergency applications, is extended from May 30, 2017 to

23

September 29, 2017.

24

(4)

The Final Pretrial Conference is continued from July 31, 2017 at 1:30 p.m. to November

25

20, 2017 at 1:30 p.m. in Courtroom No. 5.
26
27
28
STIPULATION AND ORDER AMENDING SCHEDULING ORDER

5

1

(5)

The Trial is continued from September 26, 2017 at 9:00 a.m. to January 23, 2018 at

2
3

9:00 a.m. in Courtroom No. 5.

4
5
6

IT IS SO ORDERED.
Dated: February 23, 2017

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER AMENDING SCHEDULING ORDER

6