Guinn v. Sugar Transport of the Northwest, Inc.

Filing 74

STIPULATION and ORDER 73 signed by Senior Judge William B. Shubb on 10/13/2017 continuing the hearing on 70 Plaintiff's Motion to Certify Class to 12/18/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, with briefing in accordance with the Local Rules. (Kirksey Smith, K)

Download PDF
1 2 3 4 5 6 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: (916) 444-1000 Facsimile: (916) 444-2100 cferrannini@downeybrand.com kpatterson@downeybrand.com Attorneys for Defendant, SUGAR TRANSPORT OF THE NORTHWEST, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOWNEY BRAND LLP 12 RYAN GUINN, an individual, on behalf of himself, and on behalf of all other persons similarly situated, 13 Plaintiffs, 14 15 16 17 18 v. 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, Case No. 2:16-cv-00325-WBS-EFB CLASS ACTION STIPULATION CONTINUING MOTION FOR PROCEEDING AS COLLECTIVE ACTION AND FOR CLASS CERTIFICATION HEARING; [PROPOSED] ORDER Defendants. 19 20 Defendant SUGAR TRANSPORT OF THE NORTHWEST, INC. (“Sugar Transport”), 21 22 BRONCO WINE COMPANY AND CLASSIC WINES OF CALIFORNIA (“Bronco”) 23 (collectively “Defendants”), and Plaintiff RYAN GUINN (“Plaintiff”) (collectively the “Parties”), 24 by and through their respective counsel of record, stipulate as follows: 25 RECITALS 1. 26 27 On September 18, 2017, Plaintiff’s filed a Motion for Proceeding as Collective Action and for Class Certification (“Motion”). The hearing date was set for October 30, 2017. 2. 28 1498274.1 Plaintiff’s responses to Sugar Transport’s written discovery were originally due on 1 STIP CONTINUING MOT FOR PROCEEDING AS COLLECTIVE ACTION & FOR CLASS CERTIFICATION 1 September 11, 2017; Plaintiff requested an extension until September 18, 2017 to respond to that 2 discovery. Sugar Transport granted that extension with the understanding that: (1) this discovery 3 was necessary to Sugar Transport’s Opposition to the Motion; and (2) the discovery responses 4 would be “meaningful.” 5 3. On September 18, 2017, Plaintiff served responses to discovery, but failed to 6 produce any documents and, despite asserted the attorney-client privilege multiple times, failed to 7 provide a privilege log. Sugar Transport and Plaintiff are currently in the process of meeting and 8 conferring on this issue. Plaintiff provided a portion of the requested documents on October 12, 9 2017, as well as a privilege log. Sugar Transport has yet to have an opportunity to review this 10 additional material. Sugar Transport and Bronco will copy the remainder of the documents 11 Plaintiff intends to produce at the office of his counsel early next week. DOWNEY BRAND LLP 12 4. Sugar Transport and Bronco also noticed the depositions of five individuals to take 13 place between October 6 and October 11, 2017 with the intention of completing those depositions 14 in time for use in the Parties’ respective Oppositions to the Motion. At Plaintiff’s request, and 15 pursuant to Plaintiff’s agreement to move the hearing date on the Motion to December 18, 2017, 16 Defendants agreed to continue the depositions. These depositions are now rescheduled to take 17 place between October 23, 2017, and November 6, 2017. 18 STIPULATION 19 20 The hearing date on the Motion shall be held on December 18, 2017, with briefing to follow the new hearing date. 21 22 IT IS SO STIPULATED. DATED: October 13, 2017 DOWNEY BRAND LLP 23 24 By: 25 26 27 /s/ Cassandra M. Ferrannini CASSANDRA M. FERRANNINI KATIE L. PATTERSON Attorney for Defendant SUGAR TRANSPORT OF THE NORTHWEST, INC. 28 1498274.1 2 STIP CONTINUING MOT FOR PROCEEDING AS COLLECTIVE ACTION & FOR CLASS CERTIFICATION 1 DATED: October 13, 2017 PAGANO & KASS, APC 2 3 By: /s/ James L. Pagano (as authorized on 10/13/17) JAMES L. PAGANO IAN A. KASS Attorney for Plaintiff RYAN GUINN 4 5 6 DATED: October 13, 2017 RODARAKIS & SOUSA, APC 7 8 By: /s/ Eric J. Sousa (as authorized on 10/13/17) ERIC J. SOUSA Attorney for Defendants BRONCO WINE COMPANY AND CLASSIC WINES OF CALIFORNIA 9 10 11 DOWNEY BRAND LLP 12 [PROPOSED] ORDER The hearing date on Plaintiff’s Motion for Proceeding as Collective Action and for Class 13 14 Certification is hereby moved to December 18, 2017 at 1:30 p.m., with briefing in accordance 15 with the Local Rules. 16 IT IS SO ORDERED. 17 Dated: October 13, 2017 18 19 20 21 22 23 24 25 26 27 28 1498274.1 3 STIP CONTINUING MOT FOR PROCEEDING AS COLLECTIVE ACTION & FOR CLASS CERTIFICATION

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?