Knight v. City of Tracy

Filing 56

ORDER signed by District Judge John A. Mendez on 11/29/2017 ORDERING Disclose of Expert Witnesses due by 1/16/2018; Disclose Rebuttal Expert Witnesses and Reports by 2/16/2018; Discovery (unchanged) by 4/17/2018; Dispositive Motions filed by 5/14/20 18; Final Pretrial Conference (unchanged) set for 8/27/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Settlement Conference to be set at the Final Pretrial Conf; and Trial (unchanged) set for 10/30/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Reader, 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
IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No. 2:16-cv-01290-WBS-EFB
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) STIPULATION TO MODIFY
) SCHEDULING ORDER; [PROPOSED]
) ORDER THEREON
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RYAN KNIGHT, et al., on behalf of himself
and all similarly situated individuals,
Plaintiffs,

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v.

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CITY OF TRACY,

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Defendant.

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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

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

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STIPULATION MODIFY SCHEDULING ORDER;
[PROPOSED} 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, on August 25, 2017, the Court granted the Parties’ stipulated request to modify
its Initial Pretrial Scheduling Order. The current schedule is:

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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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WHEREAS, the Parties are working diligently towards settling this case. Plaintiffs have

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tendered a settlement offer to Defendant. Defendant is in the process of reviewing Plaintiffs’ offer.

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Defendant’s City Council is scheduled to meet and discuss Plaintiffs’ offer on December 19, 2017.

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WHEREAS, the Parties desire more time to fully explore settlement before incurring
significant expert expenses. The Parties respectfully submit that good cause exists to continue the
upcoming expert disclosure dates for 45 days. Neither party will be prejudiced, and the continuance
will not impact the current trial date.

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THEREFORE, IT IS HEREBY STIPULATED by the Parties that the Court’s Pretrial
Scheduling Order be modified as follows:

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Last Day to Disclose Expert Witnesses and Reports: January 15, 2018

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Last Day to Disclose Rebuttal Expert Witnesses and Reports: February 16, 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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STIPULATION MODIFY SCHEDULING ORDER;
[PROPOSED} ORDER

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KNIGHT, et al. v. CITY OF TRACY
Case No. 2:16-cv-01290-WBS-EFB

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Respectfully submitted:
Dated: November 29, 2017

MASTAGNI HOLSTEDT, APC

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

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Dated: November 29, 2017

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LIEBERT CASSIDY WHITMORE

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

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STIPULATION MODIFY SCHEDULING ORDER;
[PROPOSED} 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 Court’s Pretrial Scheduling Order
be modified as follows:
Last Day to Disclose Expert Witnesses and Reports: January 16, 2018
Last Day to Disclose Rebuttal Expert Witnesses and Reports: February 16, 2018

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Last Day to Complete all Discovery: April 17, 2018 (remains unchanged)

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Last Day to File Dispositive or Evidentiary Motions: May 14, 2018
Final Pre-Trial Conference: August 27, 2018, at 1:30 p.m. in Courtroom No. 5. (remains
unchanged)

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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) (remains unchanged)

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DATED: November 29, 2017

/s/ JOHN A. MENDEZ
for WILLIAM B. SHUBB
JUDGE, U.S. DISTRICT COURT

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STIPULATION MODIFY SCHEDULING ORDER;
[PROPOSED} ORDER

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KNIGHT, et al. v. CITY OF TRACY
Case No. 2:16-cv-01290-WBS-EFB