Hudson v. Swift Transportation Co. of Arizona, LLC

Filing 16

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 2/27/17 ORDERING that the new deadline for completion of fact discovery will be 12/6/2017. The deadline for expert disclosure is 2/3/2018. The deadline for filing a dispositive motion will be on or before 6/2/2018. (Kastilahn, A)

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Derek H. Lim (Bar No. 209496)
Chad D. Greeson (Bar No. 251928)
ARCHER NORRIS
A Professional Law Corporation
2033 North Main Street, Suite 800
Walnut Creek, California 94596-3759
Telephone:
925.930.6600
Facsimile:
925.930.6620
[e-mail]
[e-mail]

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Attorneys for Defendant
SWIFT TRANSPORTATION CO. OF ARIZONA,
LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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JAMES HUDSON,
Plaintiff,

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Fed. Case No. 2:16-CV-01291-MCE-DB
[Honorable Morrison C. England, Jr.]

v.
SWIFT TRANSPORTATION CO. OF
ARIZONA, LLC, and DOES 1 through 50,
inclusive,
Defendant.

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JOINT STIPULATION AND PROPOSED
ORDER TO EXTEND DEADLINE TO
COMPLETE FACT DISCOVERY SET
FORTH IN COURT’S PRE-TRIAL
SCHEDULING ORDER
Trial Date:
Time:
Courtroom:

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TO THE COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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Plaintiff JAMES HUDSON (“Plaintiff”) and Defendant SWIFT TRANSPORTATION

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CO. OF ARIZONA, LLC (“Defendant”) by and through their counsel of record in this action,

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hereby agree and stipulate as follows:

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1.

Defendant Swift has served written discovery on Plaintiff to investigate his claims

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including interrogatories and requests for production of documents. These responses were due in

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January 2017.

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2.

Counsel for Plaintiff requested an extension to comply with these discovery

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requests due in part based on his inability to communicate with Mr. Hudson. Defendant Swift

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agreed to a 30-day extension of time for Plaintiff to respond to the discovery requests. Responses
S0519001/4827-6890-7072-1

No. 2:16-CV-01291-MCE-DB

JOINT STIPULATION TO [PROPOSED] ORDER TO CONTINUE TRIAL & TRIAL RELATED DATES

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are now due on or before February 20, 2017.
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In addition, counsel for Swift noticed Plaintiff James Hudson’s deposition for

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February 13, 2017. However, counsel for Plaintiff has advised that Mr. Hudson is not available

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on this date for deposition in California. Counsel for Plaintiff has further advised that Mr.

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Hudson will not be available for deposition in California for at least the next two months.

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4.

Counsel for both parties have worked diligently and cooperatively to complete fact

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discovery. After the Complaint was filed, Plaintiff James Hudson relocated from California to

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Arkansas. This relocation has made it more difficult for counsel for Plaintiff to communicate

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with Mr. Hudson, to complete fact discovery, and to arrange for Mr. Hudson’s deposition.

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5.

Mr. Hudson is currently employed, and he is the sole source of income for his

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family. At the present time, he lacks sufficient funds or time off from work to travel to California

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for deposition. Therefore, counsel for the parties respectfully request additional time to complete

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fact discovery, to complete expert discovery, and to prepare for mediation or trial.

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6.

The parties have agreed to participate in private mediation with Ramsay “Buzz”

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Wiesenfeld of Judicate West in Sacramento, California within the next 90-120 days, provided that

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Plaintiff is available for deposition during that same time period.

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7.

Based on the foregoing reasons, and for good cause shown, counsel for the parties

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stipulate to a continuance of the deadline for the close of fact discovery by 180 days, or from 365

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to 545 days from the date the matter was removed to federal court.

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8.

The notice of removal was filed with this Court on June 10, 2016. The previous

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deadline for completion of fact discovery was June 9, 2017. With the Court’s approval, the new

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deadline for completion of fact discovery will be December 6, 2017.

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9.

Pursuant to the Court’s previous pre-trial orders, the deadline for the disclosure of

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expert witnesses is no later than sixty (60) days after the close of discovery. With a deadline of

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December 6, 2017, the deadline for expert disclosure is February 3, 2018. Within thirty (30) days

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after the designation of expert witnesses, any party may designate a supplemental list of expert

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witnesses.

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S0519001/4827-6890-7072-1

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No. 2:16-CV-01291-MCE-DB

JOINT STIPULATION TO CONTINUE TRIAL AND TRIAL RELATED DATES

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Pursuant to the Court’s previous pre-trial orders, the deadline for filing a

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dispositive motion is no later than one hundred eighty (180) days after the close of discovery.

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With a deadline of December 6, 2017 for the completion of fact discovery, the deadline for filing

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a dispositive motion will be on or before June 2, 2018.
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Pursuant to the Court’s previous pre-trial orders, if a dispositive motion is filed,

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the parties must file a Joint Notice of Trial Readiness not later than 30 days after receiving the

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Court’s ruling on the last filed dispositive motion. If no dispositive motions are filed, the parties

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must file a Joint Notice of Trial Readiness not later than thirty (30) days after the close of the

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discovery. Thus, if no dispositive motions are filed, a Notice of Trial Readiness must be filed on

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or before January 5, 2018.
12.

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This brief extension of the deadline for fact discovery will give the parties

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sufficient time to complete fact discovery, complete expert discovery, and prepare for ADR

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and/or trial.
13. It is submitted that there would be no prejudice to any of the parties by continuing

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these deadlines.

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S0519001/4827-6890-7072-1

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No. 2:16-CV-01291-MCE-DB

JOINT STIPULATION TO CONTINUE TRIAL AND TRIAL RELATED DATES

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IT IS SO STIPULATED:

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Dated: February 15, 2017

ARCHER NORRIS

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/s/ Chad D. Greeson
Derek H. Lim
Chad D. Greeson
Attorneys for Defendant SWIFT
TRANSPORTATION CO. OF ARIZONA,
LLC

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Dated: February 15, 2017

T. JAMES FISHER

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/s/ T. James Fisher
T. James Fisher
Attorneys for Plaintiff

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IT IS SO ORDERED.
Dated: February 27, 2017

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S0519001/4827-6890-7072-1

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No. 2:16-CV-01291-MCE-DB

JOINT STIPULATION TO CONTINUE TRIAL AND TRIAL RELATED DATES