Malaivanh v. Humphreys College et al

Filing 40

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/1/17 ORDERING that the parties' deadline to file dispositive motions is EXTENDED to 10/6/2017. (Kastilahn, A)

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YOUNG, MINNEY & CORR, LLP
PAUL C. MINNEY, SBN 166989
WILLIAM J. TRINKLE, SBN 102280
WENDY A. WALKER, SBN 295877
655 University Ave. Suite 150
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
HUMPHREYS UNIVERSITY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEANNA MALAIVANH,
Plaintiff,

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v.

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HUMPHREYS COLLEGE; JESSE DE LA
CRUZ; JDS CONSULTATION, INC.; and
DOES 1 through 100, inclusive,
Defendants.

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NO.: 2:16-CV-01081-KJM-GGH
STIPULATION AND ORDER
EXTENDING TIME FOR
DISPOSITIVE MOTIONS TO BE
HEARD

Complaint filed: May 20, 2016
Amended Complaint filed: April 26, 2017

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All parties hereby stipulate and request that the Court enter an Order extending the time

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for the parties to file dispositive motions by approximately 60 days. Good cause exists for the

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request:

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1.

The parties last appeared in this Court on January 13, 2017, and since that time

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the parties exchanged initial disclosures. Thereafter, the parties stipulated and were ordered to

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participate in the Voluntary Dispute Resolution Program (VDRP) on February 8, 2017, in an

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effort to seek to resolve the action.

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2.

The Court granted Defendants’ Motions to Dismiss with leave to amend on

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April 12, Plaintiff filed her Amended Complaint on April 26, and Defendants' Answers were

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filed on May 10, 2017.

YOUNG, MINNEY
& CORR, LLP
655 UNIVERSITY AVENUE,
SUITE 150
SACRAMENTO, CA 95825

-1STIPULATION AND ORDER EXTENDING TIME FOR DISPOSITIVE MOTIONS TO BE HEARD

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3.

The date currently set by the Court’s Scheduling Order is for all dispositive

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motions to be heard by August 11, 2017. If that date is not extended, all dispositive motions

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would need to be filed by July 14, per the local rules of the Eastern District of California.

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4.

The parties are seeking extra time to file dispositive motions based on the

following:
a.

The parties attempted to mediate through the VDRP, but per the letter from

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Plaintiff’s counsel submitted to the Court’s VDRP coordinator on May 15

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(attached hereto as Exhibit A), the neutral selected by the parties informed

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he would charge $975 per hour for the mediation. This was after the

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parties’ negotiating at length to select the neutral, and working on mutually

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agreeable dates for the VDRP mediation. However, due to the high cost

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demanded by the VDRP neutral, the parties agreed to do a private

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mediation instead. The selection of another neutral and potential dates is

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required. The parties are currently in the process of selecting a new

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neutral and arranging for a date for the private mediation. The parties seek

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to complete the mediation prior to the need for drafting and filing

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dispositive motions. As a result of the difficulties with the VDRP

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mediation, the parties have been impaired in moving this case forward.

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b.

As set forth in the joint status report filed with the Court on January 9,

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2017, the parties agreed to complete all discovery necessary to a

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dispositive motion prior to any such motion being filed. On May 9,

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Defendant Humphreys noticed Plaintiff's deposition by oral examination.

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This deposition is necessary for Humphreys' dispositive motion. The

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deposition was noticed for May 31, but Plaintiff’s counsel is unavailable.

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The parties are currently working on finding the soonest mutually

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agreeable date for this deposition.

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YOUNG, MINNEY
& CORR, LLP
655 UNIVERSITY AVENUE,
SUITE 150
SACRAMENTO, CA 95825

c.

On May 10, 2017, in his Answer, Defendant Jesse De La Cruz filed a
counterclaim against Plaintiff Leanna Malaivanh asserting a single cause

-2STIPULATION AND ORDER EXTENDING TIME FOR DISPOSITIVE MOTIONS TO BE HEARD

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of action for unlawful audio recording pursuant to California Penal Code

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section 632. This is a new cause of action in this litigation. Ms.

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Malaivanh contends that this counterclaim lacks merit and that she is

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entitled to complete affirmative defenses, including but not limited to the

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expiration of the statute of limitations. These new issues will require

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additional discovery, and Ms. Malaivanh anticipates that the discovery

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deadline may need to be continued in this case. However, for the time

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being, all parties including Ms. Malaivanh agree that the dispositive

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motion deadline should be continued.

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5.

The parties herein agree to the extension of the date for dispositive motions to be

heard by approximately 60 days, until October 6, 2017. No other date is extended.
6.

The following dates contained in the Court’s Scheduling Order shall remain the

same, as follows:

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a.

Designation of expert witnesses due by November 2, 2017;

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b.

Rebuttal of expert witness disclosures due by December 4, 2017;

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c.

Final discovery cutoff date January 24, 2018;

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d.

The parties’ joint pretrial conference statement due by February 16, 2018;

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e.

The final pretrial conference is set for March 9, 2018 at 10:00 a.m.;

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f.

Trial briefs are due by March 26, 2018; and

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g.

The jury trial is set to start on April 9, 2018 at 9:00 a.m.

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7.

There have been no prior requests for extension of time for dispositive motions to

be heard.
Respectfully Submitted,

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Dated: May 24, 2017

MASTAGNI HOLSTEDT, APC

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By:
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YOUNG, MINNEY
& CORR, LLP
655 UNIVERSITY AVENUE,
SUITE 150
SACRAMENTO, CA 95825

/s/ Grant A. Winter__________________
GRANT A. WINTER
Attorney for Plaintiff
LEANNA MALAIVANH

(Signatures continue)
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Dated: May 24, 2017

YOUNG, MINNEY & CORR, LLP

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By:
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/s/ Wendy A. Walker
WENDY A. WALKER
Attorney for Defendant
HUMPHREYS UNIVERSITY

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Dated: May 24, 2017

THE LUNSFORD LAW FIRM

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By:

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/s/ Loren L. Lunsford__________________
LOREN L. LUNSFORD
Attorneys for Defendants
JESSE DE LA CRUZ and JDS CONSULTATION,
INC.

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ORDER

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Pursuant to stipulation, and for good cause shown, the parties’ deadline to file
dispositive motions is hereby extended to October 6, 2017.
IT IS SO ORDERED.

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Dated: June 1, 2017.

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UNITED STATES DISTRICT JUDGE

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YOUNG, MINNEY
& CORR, LLP
655 UNIVERSITY AVENUE,
SUITE 150
SACRAMENTO, CA 95825

-4STIPULATION AND ORDER EXTENDING TIME FOR DISPOSITIVE MOTIONS TO BE HEARD