Knight v. City of Tracy

Filing 54

ORDER signed by Senior Judge William B. Shubb on 8/24/17 ORDERING that the following dates currently set forth in its Initial Scheduling Order are AMENDED to the following: Last day to Disclose Expert Witnesses and Reports 12/1/2017. Last day to Disc lose Rebuttal Expert Witnesses and Reports 1/2/2018. Last Day to Complete all Discovery 4/17/2018. Last day to File Dispositive or Evidentiary Motions 5/12/2018. Final Pretrial Conference SET for 8/27/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Trial SET for 10/30/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Mena-Sanchez, L)

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DAVID E. MASTAGNI, ESQ. (SBN 204244)
ISAAC S. STEVENS, ESQ. (SBN 251245)
ACE T. TATE, ESQ. (SBN 262015)
MASTAGNI HOLSTEDT
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
JESSE J. MADDOX, Bar No. 219091
[e-mail]
MICHAEL D. YOURIL, Bar No. 285591
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704
Telephone: [phone]
Facsimile: 559.449.4535
Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RYAN KNIGHT, et al., on behalf of himself
and all similarly situated individuals,

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Plaintiffs,
v.
CITY OF TRACY,
Defendant.

) Case No. 2:16-cv-01290-WBS-EFB
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) STIPULATION TO REQUEST
) MODIFICATION OF SCHEDULING
) ORDER FOR GOOD CAUSE
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TO THE COURT AND ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

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WHEREAS, this putative collective action was filed on June 10, 2016, asserting that Defendant

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violated the overtime payment provisions of the Fair Labor Standards Act (“FLSA”);

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STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER
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KNIGHT, et al. v. CITY OF TRACY
Case No. 2:16-cv-01290-WBS-EFB

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WHEREAS, the Court issued an order conditionally certifying this case as a collective action on

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November 10, 2016 and facilitating notice;

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WHEREAS, the Court set in its Initial Pretrial Scheduling Order the following deadlines:

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Last Day to Disclose Expert Witnesses and Reports: September 1, 2017

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Last Day to Disclose Rebuttal Expert Witnesses and Reports: November 1, 2017

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Last Day to Complete all Discovery: January 17, 2018
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Last Day to File Dispositive or Evidentiary Motions: February 12, 2018
Final Pre-Trial Conference: April 23, 2018, at 1:30 p.m. in Courtroom No. 5.

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Settlement Conference: To be set at the Final Pre-Trial Conference

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Trial: July 24, 2018 at 9:00 a.m. (10 days in length)

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WHEREAS, since the Court granted conditional certification multiple additional plaintiffs have

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opted into this action;
WHEREAS, Plaintiffs have diligently propounded multiple types of written discovery which the

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Defendant needs additional time to respond to;

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WHEREAS, the parties have continued to act diligently in scheduling and conducting discovery, and
in discussing potential resolutions to this action up and through the date of this stipulation;

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WHEREAS, additional time will allow the parties to complete written discovery and attempt to

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resolve the action through direct settlement communications or alternative dispute resolution;

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IT IS HEREBY STIPULATED by the Parties and requested that:

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Based on good cause shown to allow for early informal resolution, as discussed

above, the parties propose the following modification of deadlines in the Court’s Initial

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Scheduling Order:
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Last Day to Disclose Expert Witnesses and Reports: December 1, 2017

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Last Day to Disclose Rebuttal Expert Witnesses and Reports: January 2, 2018

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Last Day to Complete all Discovery: April 17, 2018
STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER
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KNIGHT, et al. v. CITY OF TRACY
Case No. 2:16-cv-01290-WBS-EFB

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Last Day to File Dispositive or Evidentiary Motions: May 12, 2018

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Final Pre-Trial Conference: July 23, 2018, at 1:30 p.m. in Courtroom No. 5.

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Settlement Conference: To be set at the Final Pre-Trial Conference

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Trial: October 24, 2018 at 9:00 a.m. (10 days in length)

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Dated: August 23, 2017

MASTAGNI HOLSTEDT, APC
By: Ace T. Tate
DAVID E. MASTAGNI, ESQ.
ISAAC S. STEVENS, ESQ.
ACE T. TATE, ESQ.
Attorneys for Plaintiffs

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Dated: August 23, 2017

LIEBERT CASSIDY WHITMORE

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By: Jesse J. Maddox
JESSE J. MADDOX
MICHAEL D. YOURIL
Attorneys for Defendant

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STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER
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KNIGHT, et al. v. CITY OF TRACY
Case No. 2:16-cv-01290-WBS-EFB

ORDER

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GOOD CAUSE SHOWN, IT IS SO ORDERED that the following dates currently set

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Last Day to Disclose Expert Witnesses and Reports: December 1, 2017

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Last Day to Disclose Rebuttal Expert Witnesses and Reports: January 2, 2018
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Last Day to Complete all Discovery: April 17, 2018

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Last Day to File Dispositive or Evidentiary Motions: May 12, 2018

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Final Pre-Trial Conference: August 27, 2018, at 1:30 p.m. in Courtroom No. 5.

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Settlement Conference: To be set at the Final Pre-Trial Conference

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Trial: October 30, 2018 at 9:00 a.m. (10 days in length)

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Dated: August 24, 2017

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STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER
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KNIGHT, et al. v. CITY OF TRACY
Case No. 2:16-cv-01290-WBS-EFB