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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1 2 3 4 5 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: (916) 446-4692 Facsimile: (916) 447-4614 6 7 8 9 10 11 12 13 14 Attorneys for Plaintiffs JESSE J. MADDOX, Bar No. 219091 jrnaddox@lcwlegal.com MICHAEL D. YOURIL, Bar No. 285591 myouril@lcwlegal.com LIEBERT CASSIDY WHITMORE A Professional Law Corporation 5250 North Palm Ave, Suite 310 Fresno, California 93704 Telephone: 559.256.7800 Facsimile: 559.449.4535 Attorneys for Defendant 15 IN THE UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 RYAN KNIGHT, et al., on behalf of himself and all similarly situated individuals, 19 20 21 22 23 24 Plaintiffs, v. CITY OF TRACY, Defendant. ) Case No. 2:16-cv-01290-WBS-EFB ) ) STIPULATION TO REQUEST ) MODIFICATION OF SCHEDULING ) ORDER FOR GOOD CAUSE ) ) ) ) ) ) TO THE COURT AND ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 25 WHEREAS, this putative collective action was filed on June 10, 2016, asserting that Defendant 26 27 violated the overtime payment provisions of the Fair Labor Standards Act (“FLSA”); 28 STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER 1 KNIGHT, et al. v. CITY OF TRACY Case No. 2:16-cv-01290-WBS-EFB 1 WHEREAS, the Court issued an order conditionally certifying this case as a collective action on 2 November 10, 2016 and facilitating notice; 3 WHEREAS, the Court set in its Initial Pretrial Scheduling Order the following deadlines: 4 Last Day to Disclose Expert Witnesses and Reports: September 1, 2017 5 Last Day to Disclose Rebuttal Expert Witnesses and Reports: November 1, 2017 6 Last Day to Complete all Discovery: January 17, 2018 7 8 9 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. 10 Settlement Conference: To be set at the Final Pre-Trial Conference 11 Trial: July 24, 2018 at 9:00 a.m. (10 days in length) 12 WHEREAS, since the Court granted conditional certification multiple additional plaintiffs have 13 14 opted into this action; WHEREAS, Plaintiffs have diligently propounded multiple types of written discovery which the 15 Defendant needs additional time to respond to; 16 17 18 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; 19 WHEREAS, additional time will allow the parties to complete written discovery and attempt to 20 resolve the action through direct settlement communications or alternative dispute resolution; 21 IT IS HEREBY STIPULATED by the Parties and requested that: 22 23 1. 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 24 Scheduling Order: 25 26 Last Day to Disclose Expert Witnesses and Reports: December 1, 2017 27 Last Day to Disclose Rebuttal Expert Witnesses and Reports: January 2, 2018 28 Last Day to Complete all Discovery: April 17, 2018 STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER 2 KNIGHT, et al. v. CITY OF TRACY Case No. 2:16-cv-01290-WBS-EFB 1 Last Day to File Dispositive or Evidentiary Motions: May 12, 2018 2 Final Pre-Trial Conference: July 23, 2018, at 1:30 p.m. in Courtroom No. 5. 3 Settlement Conference: To be set at the Final Pre-Trial Conference 4 Trial: October 24, 2018 at 9:00 a.m. (10 days in length) 5 6 7 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 8 9 10 11 12 Dated: August 23, 2017 LIEBERT CASSIDY WHITMORE 13 14 15 By: Jesse J. Maddox JESSE J. MADDOX MICHAEL D. YOURIL Attorneys for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER 3 KNIGHT, et al. v. CITY OF TRACY Case No. 2:16-cv-01290-WBS-EFB ORDER 1 2 GOOD CAUSE SHOWN, IT IS SO ORDERED that the following dates currently set 3 forth in its Initial Scheduling Order are amended to the following: 4 Last Day to Disclose Expert Witnesses and Reports: December 1, 2017 5 Last Day to Disclose Rebuttal Expert Witnesses and Reports: January 2, 2018 6 7 Last Day to Complete all Discovery: April 17, 2018 8 Last Day to File Dispositive or Evidentiary Motions: May 12, 2018 9 Final Pre-Trial Conference: August 27, 2018, at 1:30 p.m. in Courtroom No. 5. 10 Settlement Conference: To be set at the Final Pre-Trial Conference 11 Trial: October 30, 2018 at 9:00 a.m. (10 days in length) 12 Dated: August 24, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO REQUEST MODIFICATION OF SCHEDULING ORDER 2 KNIGHT, et al. v. CITY OF TRACY Case No. 2:16-cv-01290-WBS-EFB

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