Guinn v. Sugar Transport of the Northwest, Inc.

Filing 77

ORDER signed by District Judge John A. Mendez on 11/29/2017 ORDERING Disclose of Expert Witnesses EXTENDED to 2/20/2018; Disclose expert witnesses intended solely for rebuttal EXTENDED to 3/14/2018; Parties to complete Discovery is EXTENDED to 4/19 /2018; Parties to notice all discovery is EXTENDED to 4/19/2018; Non-Dispositive motions EXTENDED to 4/19/2018; Dispositive Motions EXTENDED to 5/7/2018; Final Pretrial Conference Reset for 6/18/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and Trial Reset to 8/21/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Reader, L)

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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 AMENDING SCHEDULING
ORDER

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

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TRANSPORT OF THE NORTHWEST, INC., BRONCO WINE COMPANY and CLASSIC

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WINES OF CALIFORNIA (“Defendants”) (hereafter, when referenced in a collective manner,

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Plaintiff and Defendants will be referred to collectively as “the Parties”), by and through their

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respective attorneys of record, and they 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;

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WHEREAS, on August 24, 2016, the Court entered a stipulated order, titled “Stipulation

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and Order Extending Scheduled Dates for Settlement Efforts,” Document 33, revising the Initial
1502247.1

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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

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Scheduling Order in this Case;
WHEREAS, on January 24, 2017, the Court, on Plaintiff’s motion, entered an order

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

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Bronco Wine Company and Classic Wines of California;
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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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 Amended Scheduling Order”), further revising the

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scheduling order in this Case;

DOWNEY BRAND LLP

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WHEREAS, the Parties engaged in discovery, and Defendants noticed several

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depositions. When it became apparent that the Parties would not complete the necessary

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discovery in time for Defendants to utilize that discovery in their Opposition to Plaintiff’s Motion

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for Proceeding as Collective Action and for Class Certification, the Parties stipulated to move the

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hearing date of that motion from October 30, 2017 to December 18, 2017, with briefing to follow

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the new hearing date;
WHEREAS, on October 13, 2017, the Court entered a stipulated order, titled “Stipulation

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Continuing Motion for Proceeding as Collective Action and for Class Certification Hearing,”

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Document 73, moving the hearing date on the Motion for Proceeding as Collective Action and for

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Class Certification to December 18, 2017;

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WHEREAS, having moved the Motion hearing date by two months, the Parties agree that

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it is necessary to move the remainder of the dates in this action by at least a commensurate

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amount.

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STIPULATION

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

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previously scheduled by the Court through the Further Amended Scheduling Order, Document

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69, be extended as follows:
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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

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(1) 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 30, 2017 to February 19, 2018.

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(2) The deadline for the Parties to disclose any expert witnesses intended solely for

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rebuttal at trial and to produce their reports in accordance with Rule 26(a)(2) of the Federal Rules

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of Civil Procedure shall be extended from December 22, 2017 to March 14, 2018.

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(3) The deadline for the Parties to complete all discovery, including depositions for
preservation of testimony, shall be extended from January 19, 2018 to April 19, 2018.

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(4) The deadline for the Parties to notice all discovery-related motions, including motions

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to compel discovery, on the Magistrate Judge’s calendar in accordance with the Local Rules of

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this Court, shall be extended from January 19, 2018 to April 19, 2018.

DOWNEY BRAND LLP

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(5) The deadline for the Parties to file all other non-dispositive pre-trial motions,

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excluding motions for continuances, applications for temporary restraining order, other

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emergency applications, and motions in limine, shall be extended from January 19, 2018 to April

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19, 2018.

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(6) The deadline for the Parties to file dispositive pre-trial motions shall be extended from
February 16, 2018 to May 7, 2018.

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(7) The Final Pretrial Conference shall be continued from April 9, 2018 at 1:30 p.m. to on
or about June 22, 2018 at 1:30 p.m. in Courtroom No. 5, subject to the Court’s availability.

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(8) The Trial shall be continued from June 5, 2018 at 9:00 a.m. to on or about August 21,
2018 at 9:00 a.m. in Courtroom No. 5, subject to the Court’s availability.

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IT IS SO STIPULATED.
DATED: November 29, 2017

DOWNEY BRAND LLP

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By:

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1502247.1

/s/ Cassandra M. Ferrannini
CASSANDRA M. FERRANNINI
KATIE L. PATTERSON
Attorney for Defendant
SUGAR TRANSPORT OF THE NORTHWEST,
INC.
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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

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DATED: November 29, 2017

PAGANO & KASS, APC.

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By: /s/ James L. Pagano (as authorized on 11/29/17)
JAMES L. PAGANO
IAN A. KASS
Attorney for Plaintiff
RYAN GUINN

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DATED: November 28, 2017

RODARAKIS & SOUSA, APC

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By: /s/ Eric J. Sousa (as authorized on 11/28/17)
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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ORDER

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

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Further Amending Scheduling Order,” Document 69, entered in the above-captioned matter on

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May 17, 2017, is modified as follows:

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(1) 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) is extended from November 30, 2017 to February 20, 2018.

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(2) The deadline for the Parties to disclose any expert witnesses intended solely for

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rebuttal at trial and to produce their reports in accordance with Rule 26(a)(2) of the Federal Rules

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of Civil Procedure is extended from December 22, 2017 to March 14, 2018.

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(3) The deadline for the Parties to complete all discovery, including depositions for
preservation of testimony, is extended from January 19, 2018 to April 19, 2018.

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(4) The deadline for the Parties to notice all discovery-related motions, including motions

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to compel discovery, on the Magistrate Judge’s calendar in accordance with the Local Rules of

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this Court, is extended from January 19, 2018 to April 19, 2018.

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1502247.1

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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER

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(5) The deadline for the Parties to file all other non-dispositive pre-trial motions,

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excluding motions for continuances, applications for temporary restraining order, other

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emergency applications, and motions in limine, is extended from January 19, 2018 to April 19,

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2018.

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(6) The deadline for the Parties to file dispositive pre-trial motions is extended from
February 16, 2018 to May 7, 2018.

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(7) The Final Pretrial Conference is continued from April 9, 2018 at 1:30 p.m. to June 18,
2018 at 1:30 p.m. in Courtroom No. 5.

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(8) The Trial is continued from June 5, 2018 at 9:00 a.m. to on or about August 21, 2018
at 9:00 a.m. in Courtroom No. 5.

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DOWNEY BRAND LLP

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DATED: November 29, 2017

/s/ JOHN A. MENDEZ
for WILLIAM B. SHUBB
JUDGE, U.S. DISTRICT COURT

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1502247.1

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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER