Lee v. Bluestem Brands, Inc.

Filing 16

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/19/2017 ORDERING that deadlines are CONTINUED as follows: The parties' joint statement summarizing law and motion practice heard by the Court to date shall be due 6/30/2017; Th e discovery completion deadline is CONTINUED to 7/14/2017; The dispositive motion filing date is CONTINUED to 8/22/2017; The dispositive motion hearing date shall be 9/19/2017 at 1:30 PM; The parties joint pretrial statement shall be filed by 11/9/2017; The Final Pretrial Conference is RESET to 11/17/2017 at 11:00 AM; Trial in this matter is CONTINUED to 1/8/2018 at 9:00 a.m. (Zignago, K.)

1 DOLL AMIR & ELEY LLP
HUNTER R. ELEY (SBN 224321)
2 [e-mail]
CONNIE Y. TCHENG (SBN 228171)
3 [e-mail]
1888 Century Park East, Suite 1850
4 Los Angeles, California 90067
Tel: [phone]
5 Fax: [phone]
6 Attorneys for Defendant,
BLUESTEM BRANDS, INC.
7 d/b/a Fingerhut
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

D OLL A MIR & E LEY LLP

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GREGORY LEE,

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Plaintiff,

Case No. 2:16-cv-00838-JAM-AC

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Assigned to District Judge John A.
Mendez
Referred to Magistrate Judge Allison
Claire

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JOINT STIPULATION TO
CONTINUE TRIAL DATE;
ORDER

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v.

BLUESTEM BRANDS, INC. d/b/a
15 FINGERHUT,

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Defendant.

Complaint Filed: April 22, 2016
Trial Date:
October 30, 2017

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JOINT STIPULATION TO CONTINUE TRIAL DATE; [PROPOSED] ORDER

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Plaintiff Gregory Lee (“Plaintiff”) by and through his attorneys of record, and

2 Defendant Bluestem Brands, Inc. dba Fingerhut (“Defendant”) by and through their
3 attorneys of record, hereby submit this Joint Stipulation as follows:
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WHEREAS:

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1.

Plaintiffs filed their Complaint in this matter on April 22, 2016;

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2.

On August 26, 2016, the Court entered a Status (Pre-trial Scheduling)

7 Order, which set, inter alia, a discovery completion date of June 2, 2017 and a trial
8 date of October 30, 2017;
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3.

Since the date of the Court’s Order, the parties diligently engaged in

D OLL A MIR & E LEY LLP

10 discovery, both sides having propounded and responded to written discovery;
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4.

Despite their efforts, the parties will not be able to complete discovery

12 before June 2, 2017, and as a result they will not be positioned to comply with the
13 dispositve motion-related deadlines the Court set;
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Specifically, Plaintiff and Defendant are in the process of scheduling

15 depositions of Plaintiff and a corporate representative of Defendant, but they have not
16 been able to identify mutually agreeable dates prior to June 2, 2017;
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6.

The parties have conferred and agree that a forty-five (45) day

18 continuance of trial and pre-trial deadlines will allow them to complete the discovery
19 they still seek;
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The Parties respectfully submit that, as shown by the foregoing, good

21 cause exists for a continuance of trial and pretrial dates of this matter;
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Based on the current trial schedules of the Parties and their counsel, the

23 Parties respectfully request that the trial and all remaining pretrial dates be continued
24 by at least forty-five (45) days.
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26 NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:
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The Parties to this matter, by and through their counsel of record,

28 stipulate and request approval of the Court for the trial and all remaining pretrial dates
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JOINT STIPULATION TO CONTINUE TRIAL DATE; [PROPOSED] ORDER

1 to be continued by at least forty-five (45) days.
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3 DATED: May 19, 2017

KIMMEL & SILVERMAN, P.C.

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By: /s/ Rachel Rebecca Stevens
AMY LYNN BENNECOFF GINSBURG
RACHEL REBECCA STEVENS
Attorneys for Plaintiff,
GREGORY LEE

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9 DATED: May 19, 2017

DOLL AMIR & ELEY LLP

D OLL A MIR & E LEY LLP

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By: /s/ Connie Y. Tcheng
HUNTER R. ELEY
CONNIE Y. TCHENG
Attorneys for Defendant,
BLUESTEM BRANDS, INC.
d/b/a Fingerhut

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JOINT STIPULATION TO CONTINUE TRIAL DATE; [PROPOSED] ORDER

ORDER

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Having considered the Parties’ Joint Stipulation to Continue the Trial and

3 Related Deadlines in the above-entitled action, and good cause appearing therefore,
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IT IS HEREBY ORDERED THAT:

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IT IS SO ORDERED.

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1. The parties’ joint statement summarizing law and motion practice heard by

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the Court to date shall be due June 30, 2017.

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2. The discovery completion deadline shall be continued to July 14, 2017.

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3. The dispositive motion filing date shall be August 22, 2017.

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4. The dispositive motion hearing date shall be September 19, 2017 at 1:30

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p.m., with briefing deadlines calculated as set forth in Local Rule 239.

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5. The parties joint pretrial statement shall be filed by November 9, 2017.

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6. The Final Pretrial Conference shall be reset to November 17, 2017 at 11:0

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a.m.
7. Trial in this matter shall be continued to January 8, 2018 at 9:00 a.m.

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17 Dated: May 19, 2017
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/s/ John A. Mendez______________
HON. JOHN A. MENDEZ
United States District Court Judge

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JOINT STIPULATION TO CONTINUE TRIAL DATE; [PROPOSED] ORDER