San Juan v. Anheuser-Busch, Inc., et al.

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 3/7/2017 ORDERING plaintiff shall disclose experts by 5/5/2017; defendant shall disclose experts by 5/19/2017; rebuttal experts by 5/26/2017; all discovery shall be completed by 6/2/2 017; all pretrial motions shall be completed by 7/28/2017; final pre-trial conference set for 10/6/2017 at 01:30 PM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; jury trial set for 12/4/2017 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Zignago, K.)

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Jean K. Hyams (State Bar No.144425)
LEVY VINICK BURRELL HYAMS LLP
180 Grand Avenue, Suite 1300
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff
DAVID SAN JUAN
Lisa Barnett Sween (State Bar No. 191155)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Defendants
ANHEUSER-BUSCH, INC.
and ANHEUSER-BUSCH, LLC

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Additional Counsel Listed on Second Page.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SAN JUAN,
Plaintiff,

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No. 2:16-cv-00861 DB
STIPULATION AND ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER AS TO
TRIAL DATE AND ALL RELATED
DEADLINES

vs.
ANHEUSER-BUSCH INC., ANHEUSERBUSCH, LLC, and DOES 1 through 10,
Defendants.

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Case No. 2:16-cv-00861 (DB)
San Juan v. Anheuser-Busch Inc., et al.

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Rebecca G. Kagin
Law Offices of Rebecca G. Kagin
6 C Street
Petaluma, CA 94952
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff
DAVID SAN JUAN

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Angel R. Sevilla
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Defendants
ANHEUSER-BUSCH, INC.
and ANHEUSER-BUSCH, LLC

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Case No. 2:16-cv-00861 (DB)
San Juan v. Anheuser-Busch Inc., et al.

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IT IS HEREBY STIPULATED AND AGREED, pursuant to Eastern District of California

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Local Rule 144(a), by and between Plaintiff DAVID SAN JUAN (“Plaintiff”), by and through his

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attorneys of record, and Defendants ANHEUSER-BUSCH INC. and ANHEUSER-BUSCH, LLC

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(“Defendants”), by and through their attorneys of record, as follows:

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1. WHEREAS, on April 25, 2016, Plaintiff filed a “Complaint for Damages and Declaratory

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and Injunctive Relief” (“Complaint”) against Defendants in the United States District Court,

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Eastern District of California;

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2. WHEREAS, Defendants filed their “Answer to Plaintiff’s Complaint” on June 20, 2016;

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3. WHEREAS, on August 22, 2016, the Court entered the Pre-Trial Scheduling Order (Doc.

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No. 18), which set forth a Trial Date on October 16, 2017, the Final Pre-Trial Conference on

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August 11, 2017, the deadline to complete discovery by April 14, 2017, and completion of

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non-discovery law and motion by June 2, 2017.

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4. WHEREAS, Plaintiff and Defendants (the “Parties”), through their respective attorneys of

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record, agreed to stay discovery and focus initially on discovery needed to prepare for

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mediation;

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5. WHEREAS, the parties participated in a full-day of mediation on January 31, 2016 which
was not successful in resolving the matter;

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6. WHEREAS, the parties wish to continue engaging in good faith settlement negotiations;

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7. WHEREAS, the parties have diligently engaged in discovery to date, including four

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depositions taken by Plaintiff and Plaintiff’s first half-day of deposition taken by Defendants

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on November 4, 2016;

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8. WHEREAS, the parties have insufficient time to complete depositions and other discovery
necessary prior to the discovery completion date of April 14, 2017;

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9. WHEREAS, Plaintiff’s counsel, Jean K. Hyams, of Levy Vinick Burrell Hyams LLP, serves

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as President of the California Employment Lawyers Association (“CELA”) and the current

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trial date of October 16, 2017 conflicts with the annual CELA conference and board meeting;

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Case No. 2:16-cv-00861 (DB)
San Juan v. Anheuser-Busch Inc., et al.

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10. WHEREAS, Plaintiff’s counsel’s involvement in the CELA conference and board meeting is
required;

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11. WHEREAS, Defendant’s counsel, Lisa Sween, of Jackson Lewis LLP, has very limited

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availability to participate in depositions between now and the current close of discovery due

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to another active matter;

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12. WHEREAS, the Parties are working cooperatively to schedule the remaining discovery

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necessary to take place as soon as practicable, and to continue trial on a mutually agreeable

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date, subject to the Court’s approval;

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13. WHEREAS, the parties have agreed that all pretrial motions, except motions to compel

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discovery shall be briefed no later than June 9, 2017, with oppositions and replies to be filed

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no later than June 23, 2017 and June 30, 2017, respectively.

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14. WHEREAS, Defendants’ counsel is not available for trial prior to November 8, 2017.

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15. WHEREAS, there have been no prior extensions of the trial date or any dates set by the

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Court, other than the expert disclosure deadlines;

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BASED ON THE FOREGOING, the parties hereby stipulate to the following revised schedule

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and respectfully request that the Court modify the Pretrial Scheduling Order as set forth in the proposed

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schedule below:

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Event

Prior Deadline

New Deadline

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Plaintiff shall disclose experts

March 17, 2017

May 5, 2017

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Defendant shall disclose experts

March 31, 2017

May 19, 2017

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Rebuttal experts

April 7, 2017

May 26, 2017

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Non-expert discovery shall be completed April 14, 2017

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by

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Expert discovery shall be completed by

June 2, 2017

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All pretrial motions, except motions to June 2, 2017

July 14, 2017

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compel discovery, shall be briefed in

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Case No. 2:16-cv-00861 (DB)
San Juan v. Anheuser-Busch Inc., et al.

May 19, 2017

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accordance with the parties’ agreement

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re modified briefing and completed by

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Final pre-trial conference

August 11, 2017

September 1, 2017

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Trial

October 16, 2017

November 9, 2017

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IT IS SO STIPULATED.

Dated:

March 7, 2017

LEVY VINICK BURRELL HYAMS LLP

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/s/Jean K. Hyams

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By:
Jean K. Hyams
Rebecca G. Kagin
Attorneys for Plaintiff
DAVID SAN JUAN

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I, Jean K. Hyams, attest that all other signatories listed, and on whose behalf this
filing is submitted, concur in the contents of this form and have authorized the filing.
Dated:

March 7, 2017

JACKSON LEWIS P.C.

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/s/Lisa B. Sween

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By:

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Lisa Barnett Sween
Angel R. Sevilla

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Attorneys for Defendants
ANHEUSER-BUSCH, INC. and
ANHEUSER-BUSCH, LLC

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Case No. 2:16-cv-00861 (DB)
San Juan v. Anheuser-Busch Inc., et al.

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ORDER
The parties’ stipulation, as modified below, is granted.

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Event

Prior Deadline

New Deadline

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Plaintiff shall disclose experts

March 17, 2017

May 5, 2017

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Defendant shall disclose experts

March 31, 2017

May 19, 2017

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Rebuttal experts

April 7, 2017

May 26, 2017

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All discovery shall be completed by

June 2, 2017

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All pretrial motions, except motions to June 2, 2017

July 28, 2017

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compel discovery, shall be completed by

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Final pre-trial conference

August 11, 2017

October 6, 2017

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Trial

October 16, 2017

December 4, 2017

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IT IS SO ORDERED.

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Dated: March 7, 2017

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DLB:6
DB\orders\orders.consent \sanjuan0861.sched.ord

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Case No. 2:16-cv-00861 (DB)
San Juan v. Anheuser-Busch Inc., et al.