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)

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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.
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.

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Defendant SUGAR TRANSPORT OF THE NORTHWEST, INC. (“Sugar Transport”),

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BRONCO WINE COMPANY AND CLASSIC WINES OF CALIFORNIA (“Bronco”)

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(collectively “Defendants”), and Plaintiff RYAN GUINN (“Plaintiff”) (collectively the “Parties”),

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by and through their respective counsel of record, stipulate as follows:

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RECITALS
1.

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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.

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1498274.1

Plaintiff’s responses to Sugar Transport’s written discovery were originally due on
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STIP CONTINUING MOT FOR PROCEEDING AS COLLECTIVE ACTION & FOR CLASS CERTIFICATION

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September 11, 2017; Plaintiff requested an extension until September 18, 2017 to respond to that

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discovery. Sugar Transport granted that extension with the understanding that: (1) this discovery

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was necessary to Sugar Transport’s Opposition to the Motion; and (2) the discovery responses

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would be “meaningful.”

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3.

On September 18, 2017, Plaintiff served responses to discovery, but failed to

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produce any documents and, despite asserted the attorney-client privilege multiple times, failed to

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provide a privilege log. Sugar Transport and Plaintiff are currently in the process of meeting and

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conferring on this issue. Plaintiff provided a portion of the requested documents on October 12,

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2017, as well as a privilege log. Sugar Transport has yet to have an opportunity to review this

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additional material. Sugar Transport and Bronco will copy the remainder of the documents

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Plaintiff intends to produce at the office of his counsel early next week.

DOWNEY BRAND LLP

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4.

Sugar Transport and Bronco also noticed the depositions of five individuals to take

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place between October 6 and October 11, 2017 with the intention of completing those depositions

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in time for use in the Parties’ respective Oppositions to the Motion. At Plaintiff’s request, and

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pursuant to Plaintiff’s agreement to move the hearing date on the Motion to December 18, 2017,

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Defendants agreed to continue the depositions. These depositions are now rescheduled to take

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place between October 23, 2017, and November 6, 2017.

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STIPULATION

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The hearing date on the Motion shall be held on December 18, 2017, with briefing to
follow the new hearing date.

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IT IS SO STIPULATED.
DATED: October 13, 2017

DOWNEY BRAND LLP

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By:

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

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1498274.1

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STIP CONTINUING MOT FOR PROCEEDING AS COLLECTIVE ACTION & FOR CLASS CERTIFICATION

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DATED: October 13, 2017

PAGANO & KASS, APC

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By: /s/ James L. Pagano (as authorized on 10/13/17)
JAMES L. PAGANO
IAN A. KASS
Attorney for Plaintiff
RYAN GUINN

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DATED: October 13, 2017

RODARAKIS & SOUSA, APC

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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

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DOWNEY BRAND LLP

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[PROPOSED] ORDER
The hearing date on Plaintiff’s Motion for Proceeding as Collective Action and for Class

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Certification is hereby moved to December 18, 2017 at 1:30 p.m., with briefing in accordance

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with the Local Rules.

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IT IS SO ORDERED.

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Dated: October 13, 2017

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1498274.1

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STIP CONTINUING MOT FOR PROCEEDING AS COLLECTIVE ACTION & FOR CLASS CERTIFICATION