Guinn v. Sugar Transport of the Northwest, Inc.

Filing 84

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/18, ORDERING that the deadline to complete the Document Inspection referenced in No. 1, of this order, is extended to 4/25/18. The deadline to complete the Depositions refe renced in No. 1, is extended to 5/4/18. The deadline to complete all other discovery, including written discovery and depositions, shall remain as 4/19/18. The deadline for the Parties to move to compel the Document Inspection and Depositions referenced in No. 1, in this order, is extended to 5/4/18. The deadline for the Parties to notice all other discovery-related motions shall remain as 4/19/18. (Kastilahn, A)

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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 FOR LIMITED EXTENSION OF
DISCOVERY-RELATED DEADLINES

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. (“Sugar Transport”), BRONCO WINE

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COMPANY and CLASSIC WINES OF CALIFORNIA (“Bronco”) (collectively “Defendants”)

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(hereafter, when referenced in a collective manner, Plaintiff and Defendants will be referred to

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

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

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1515632.6

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STIP AND [PROPOSED] ORDER FOR LIMITED EXTENSION OF DISCOVERY-RELATED DEADLINES

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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;

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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;

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WHEREAS, on November 30, 2017, the Court entered a stipulated order, titled
“Stipulation and Order Amending Scheduling Order” Document 77, further revising the

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DOWNEY BRAND LLP

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scheduling order in this Case (the “Scheduling Order”). Per the current Scheduling Order, the

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deadline for the Parties to complete all discovery and to file any discovery-related motions is

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April 19, 2018;

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WHEREAS, the Parties have engaged in discovery, and Defendant Sugar Transport

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propounded Requests for Production, Set One on Bronco on February 28, 2018. The Requests

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were designed to allow Sugar Transport to obtain documents relevant to its defense that it does

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not owe Plaintiff overtime under the Motor Carrier Exemption to the FLSA. Bronco served

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responses on April 2, 2018, objecting on the grounds that the requests were overbroad, unduly

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burdensome, and not proportional to the needs of the case, amongst other objections. After

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meeting and conferring, the Parties have agreed to narrow the scope of the requests. Even so

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narrowed, Bronco represents that the responsive documents are voluminous (“Bronco

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Production”). Sugar Transport has noticed the depositions of Byron Baker and Larry Mitts for

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April 16 and 17, 2018 respectively. Sugar Transport requires the documents in the Bronco

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Production in enough advance of these depositions to both copy and analyze them;

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WHEREAS the Parties agree that it will take approximately three weeks for Sugar
Transport to copy and analyze the documents;

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WHEREAS, given the volume of documents and the necessity of these outstanding
1515632.6

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STIP AND [PROPOSED] ORDER FOR LIMITED EXTENSION OF DISCOVERY-RELATED DEADLINES

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depositions, the Parties agree to allow the following discovery to continue beyond the April 19,

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2018, deadline set forth in the Scheduling Order: (1) The inspection and copying of documents

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responsive to Sugar Transport’s Requests for Production, Set One, to Bronco, as narrowed and

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limited by agreement of Bronco and Sugar Transport (“Document Inspection”); and (2) the

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depositions of Byron Baker and Larry Mitts (collectively “Depositions”).

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STIPULATION

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THEREFORE, the Parties hereby stipulate and agree to modify the “Stipulation and Order
Amending Scheduling Order,” Document 77, as follows:

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(1)

The Parties agree to extend the deadline to complete the following specific

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discovery only:

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

Sugar Transport’s Requests for Production, Set One, to Bronco, as limited

DOWNEY BRAND LLP

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by agreement by and between Sugar Transport and Bronco (“Document

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Inspection”); and


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(2)

Depositions of Byron Baker and Larry Mitts (collectively, “Depositions”).

The Parties further agree that the deadline to complete the Document Inspection

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referenced in No. 1, above, shall be extended from April 19, 2018 to April 25, 2018. The

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deadline to complete the Depositions referenced in No. 1, shall be extended from April 19, 2018

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to May 4, 2018. The deadline to complete all other discovery, including written discovery and

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depositions, shall remain as April 19, 2018.

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(3)

The Parties further agree that the deadline for the Parties to move to compel the

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Document Inspection and Depositions referenced in No. 1, above, shall be extended from April

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19, 2018 to May 4, 2018. The deadline for the Parties to notice all other discovery-related

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motions shall remain as April 19, 2018.

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(4)

The Parties further understand and agree that they have stipulated to extend the

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above-referenced discovery deadlines only as to the Document Inspection and Depositions. By so

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stipulating, the Parties do not intend and do not agree to extend the discovery deadlines for any other

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purpose or to waive or continue any other deadlines in this matter.

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1515632.6

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STIP AND [PROPOSED] ORDER FOR LIMITED EXTENSION OF DISCOVERY-RELATED DEADLINES

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IT IS SO STIPULATED.

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DATED: April 12, 2018

DOWNEY BRAND LLP

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By:

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DATED: April 12, 2018

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

PAGANO & KASS, APC.

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By: /s/ James L. Pagano (as authorized on 4/12/18)
JAMES L. PAGANO
IAN A. KASS
Attorney for Plaintiff
RYAN GUINN

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DOWNEY BRAND LLP

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DATED: April 12, 2018

RODARAKIS & SOUSA, APC

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By: /s/ Brandy L. Barnes (as authorized on 4/12/18)
ERIC J. SOUSA
BRANDY L. BARNES
Attorney for Defendants
BRONCO WINE COMPANY AND CLASSIC
WINES OF CALIFORNIA

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ORDER

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GOOD CAUSE APPEARING, it is hereby ORDERED that:

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(1)

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modified as follows:
(2)

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The “Stipulation and Order Amending Scheduling Order,” Document 77, shall be

The deadline to complete discovery shall be extended as to the following specific

discovery only:


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Sugar Transport’s Requests for Production, Set One, to Bronco, as limited by

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agreement by and between Sugar Transport and Bronco (“Document Inspection”);

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and
1515632.6

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STIP AND [PROPOSED] ORDER FOR LIMITED EXTENSION OF DISCOVERY-RELATED DEADLINES



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(3)

Depositions of Byron Baker and Larry Mitts (collectively, “Depositions”).
The deadline to complete the Document Inspection referenced in No. 1, above,

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shall be extended from April 19, 2018 to April 25, 2018. The deadline to complete the

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Depositions referenced in No. 1, shall be extended from April 19, 2018 to May 4, 2018. The

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deadline to complete all other discovery, including written discovery and depositions, shall

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remain as April 19, 2018.

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(4)

The deadline for the Parties to move to compel the Document Inspection and

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Depositions referenced in No. 1, above, shall be extended from April 19, 2018 to May 4, 2018.

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The deadline for the Parties to notice all other discovery-related motions shall remain as April 19,

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2018.

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DOWNEY BRAND LLP

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IT IS SO ORDERED.
DATED: April 16, 2018.

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1515632.6

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STIP AND [PROPOSED] ORDER FOR LIMITED EXTENSION OF DISCOVERY-RELATED DEADLINES