Guinn v. Sugar Transport of the Northwest, Inc.

Filing 96

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 05/22/18 ORDERING that dates are MODIFIED as follows: the deadline for Plaintiff and Bronco and Classic to notice all discovery-related motions pertaining to discovery propounded by and between them, including motions to compel discovery, is 07/13/18; the deadline for Bronco to file dispositive pre-trial motions as to Plaintiff only is 08/17/18; hearing on 90 Motion for Summary Judgment is RESET for 9/17/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Final Pretrial Conference set for 11/19/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Jury Trial set for 1/29/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A.)

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:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
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.

Case No. 2:16-cv-00325-WBS-EFB
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF
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.

19

Plaintiff, RYAN GUINN (“Plaintiff”), and Defendants, SUGAR TRANSPORT OF THE

20
21

NORTHWEST, INC. (“Sugar Transport”), BRONCO WINE COMPANY and CLASSIC WINES

22

OF CALIFORNIA (“Bronco”) (collectively “Defendants”) (hereafter, when referenced in a

23

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

24

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

25
26

(Pretrial Scheduling) Order” Document 22;
WHEREAS, on February 24, 2017, the Court entered a stipulated order, titled “Stipulation

27
28

and Order Extending Scheduling Order,” Document 61, revising the Scheduling Order in this
1519357.4

1
STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES

1

Case;

2

WHEREAS, on May 17, 2017, the Court entered a stipulated order, titled “Stipulation and

3

Order Further Amending Scheduling Order and Extending Scheduling Date for Filing Motion for

4

Class Certification,” Document 69 (“Further Amended Scheduling Order”), further revising the

5

scheduling order in this Case;

6

WHEREAS, on November 30, 2017, the Court entered a stipulated order, titled

7

“Stipulation and Order Amending Scheduling Order” Document 77, further revising the

8

scheduling order in this Case (the “Scheduling Order”) setting forth certain dates and deadlines in

9

this action;
WHEREAS on May 7, 2018, Sugar Transport filed a “Motion for Summary Judgment or

11

in the Alternative, Summary Adjudication” (“Motion”) against Plaintiff. Sugar Transport set the

12
DOWNEY BRAND LLP

10

Motion for hearing on June 11, 2018. The Court’s Courtroom Deputy informed Sugar Transport

13

it needed to move its hearing date so as not to conflict with the Final Pre-Trial Conference

14

briefing schedule;
WHEREAS, on May 9, 2018, Bronco and Plaintiff filed a “Stipulation and [Proposed]

15
16

Order for Limited Extension of Certain Dates and Deadlines Set Forth in Amended Scheduling

17

Order.” Bronco and Plaintiff indicated that they had entered into a settlement. In light of this

18

settlement, Bronco and Plaintiff agreed to take their discovery-related motions off calendar, and

19

Bronco refrained from filing a dispositive motion. Bronco and Plaintiff sought to extend the

20

deadline: (1) to file discovery-related motions by and between Bronco and Plaintiff from April

21

19, 2018 to June 11, 2018; and (2) for Bronco to file a dispositive pre-trial motion from May 7,

22

2018 to June 29, 2018. On May 10, 2018, this Court’s Courtroom Deputy advised the Parties that

23

because these extensions would necessitate moving the Final Pretrial Conference and likely the

24

Trial date, all Parties should submit a stipulation and proposed order that took these dates into

25

consideration;

26

WHEREAS Plaintiff and Sugar Transport have agreed to engage in a global mediation of

27

both this case and the claims of the former putative class members/collective action members.

28

This mediation will occur in August 2018;
1519357.4

2
STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES

1

WHEREAS, given that Bronco and Plaintiff have agreed to settle this action, and Sugar

2

Transport and Plaintiff have agreed to mediate this action (as well as the claims of the former

3

putative class members/collective action members), the Parties believe that efforts to mediate will

4

be more productive if they are not required to incur the costs of continuing to litigate this action

5

before mediation.
THEREFORE, the Parties hereby stipulate and agree to modify the “Stipulation and Order

6
7

Amending Scheduling Order,” Document 77, as follows:

8

STIPULATION

9

(1)

The deadline for Plaintiff and Bronco and Classic to notice all discovery-related

10

motions pertaining to discovery propounded by and between them, including motions to compel

11

discovery, shall be moved from April 19, 2018 to July 13, 2018;

DOWNEY BRAND LLP

12
13

(2)

The deadline for Bronco to file dispositive pre-trial motions as to Plaintiff only

shall be moved from May 7, 2018 to August 17, 2018;

14

(3)

The hearing date for Sugar Transport’s Motion for Summary Judgment or in the

15

Alternative Summary Adjudication shall be moved from June 11, 2018 to September 17, 2018 at

16

1:30 pm;

17
18

(4)

The Final Pretrial Conference shall be continued from June 18, 2018 at 1:30 p.m.

to November 19, 2018 at 1:30 p.m.; and

19

(5) The Trial shall be continued from August 21, 2018 at 9:00 a.m. to January 29, 2019

20

at 9:00 a.m.

21

IT IS SO STIPULATED.

22

DATED: May 21, 2018

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
1519357.4

3
STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES

1

DATED: May 22, 2018

PAGANO & KASS, APC.

2
3

By: /s/ James L. Pagano (as authorized on 05/22/18)
JAMES L. PAGANO
IAN A. KASS
Attorney for Plaintiff
RYAN GUINN

4
5
6

DATED: May 21, 2018

RODARAKIS & SOUSA, APC

7
8

By: /s/ Brandy L. Barnes (as authorized on 05/21/18
ERIC J. SOUSA
BRANDY L. BARNES
Attorney for Defendants
BRONCO WINE COMPANY AND CLASSIC
WINES OF CALIFORNIA

9
10
11

ORDER
DOWNEY BRAND LLP

12
GOOD CAUSE APPEARING, it is hereby ORDERED that:
13
(1)

The deadline for Plaintiff and Bronco and Classic to notice all discovery-related

14
motions pertaining to discovery propounded by and between them, including motions to compel
15
discovery, shall be moved from April 19, 2018 to July 13, 2018;
16
(2)

The deadline for Bronco to file dispositive pre-trial motions as to Plaintiff only

17
shall be moved from May 7, 2018 to August 17, 2018;
18
(3)

The hearing date for Sugar Transport’s Motion for Summary Judgment or in the

19
Alternative Summary Adjudication shall be moved from June 11, 2018 to September 17, 2018 at
20
1:30 p.m.;
21
(4)

The Final Pretrial Conference shall be continued from June 18, 2018 at 1:30 p.m.

22
to November 19, 2018 at 1:30 p.m.; and
23
(5)

The Jury Trial shall be continued from August 21, 2018 at 9:00 a.m. to January

24
29, 2019 at 9:00 a.m.
25
IT IS SO ORDERED.
26
27

Dated: May 22, 2018

28
1519357.4

4
STIP AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES