Barker et al v. Swift Transportation Company of Arizona, LLC
Filing
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STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 8/8/2017 ORDERING that discovery for the limited purpose of filing a motion related to the testimony at the Rule 30(B)(6) deposition of Swift on 8/25/2017 be completed by 9/8/2017; ORDE RING that discovery for the limited purpose of resolving the ongoing discovery dispute regarding the plaintiffs' challenged discovery responses, and the defendant's third supplemental response to the plaintiffs' request for production of documents, set one be completed by 9/11/2017; ORDERING all parties to disclose expert witnesses by 9/8/2017. (Michel, G.)
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United States District Court
Eastern District of California
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Christopher C. McNatt, Jr. (SBN 174559)
cmcnatt@scopelitis.com
SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, LLP
2 North Lake Avenue, Suite 560
Pasadena, CA 91101
Tel: (626) 795-4700
Fax: (626) 795-4790
Adam C. Smedstad (SBN 303591)
asmedstad@scopelitis.com
Andrew J. Butcher (Admitted Pro Hac Vice)
abutcher@scopelitis.com
SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C.
30 West Monroe Street, Suite 600
Chicago, IL 60603
Tel: (312) 255-7200
Fax: (312) 422-1224
Angela S. Cash (Admitted Pro Hac Vice)
acash@scopelitis.com
Adam J. Eakman (Admitted Pro Hac Vice)
aeakman@scopelitis.com
SCOPELITIS GARVIN LIGHT HANSON & FEARY, P.C.
10 W. Market Street, Suite 1400
Indianapolis, IN 46204
Tel: (317) 637-1777
Fax: (317) 687-2414
Attorneys for Defendant,
SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC
ADDITIONAL COUNSEL LISTED ON NEXT PAGE
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BILL BARKER, TAB BACHMAN, and
WILLIAM YINGLING, individually and
on behalf of others similarly situated,
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Plaintiffs,
v.
SWIFT TRANSPORTATION
COMPANY OF ARIZONA, LLC, and
DOES 1 – 10, Inclusive,
Defendants.
Case No. 2:16-cv-01532-TLN-CKD
STIPULATION AND ORDER
THEREON TO AMEND
SCHEDULING ORDER
Action Filed: April 1, 2016
Removed: July 5, 2016
Discovery Cutoff: July 31, 2017
Expert Witness Disclosures: July 27,
2017
Class Certification: September 21,
2017
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Case No. 2:16-cv-01532-TLN-CKD
Stipulation and Order Thereon to Amend Scheduling Order
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THE MARKHAM LAW FIRM
David R. Markham (SBN 071814)
dmarkham@markham-law.com
Maggie Realin (SBN 263639)
mrealin@markham-law.com
750 B Street, Suite 1950
San Diego, CA 92101
Tel: (619) 399-3995
Fax: (619) 615-2067
THE RDM LEGAL GROUP
Russell Myrick (SBN 270803)
russel@rdmlg.com
MANCHESTER FINANCIAL BUILDING
7970 Ivanhoe Avenue, Suite 400
La Jolla, CA 92037
Tel: (888) 482-8266
Fax: (858) 244-7930
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Case No. 2:16-cv-01532-TLN-CKD
Stipulation and Order Thereon to Amend Scheduling Order
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Plaintiffs, Bill Barker, Tab Bachman and William Yingling (“Plaintiffs”) and
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Defendant, Swift Transportation Company of Arizona, LLC (“Swift”), by and
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through their respective counsel, and pursuant to USDC EDCA Local Rules 143 and
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144(d) and Fed.R.Civ.P. 16(b), hereby stipulate and agree as follows:
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WHEREAS, on or about September 6, 2016, this Court, pursuant to
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Fed.R.Civ.P. 16(b) and the Fed.R.Civ.P. 26(f) Conference Statement of the parties,
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issued a Pretrial Scheduling Order setting the expert disclosure deadline for any
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expert to be used on class certification for July 27, 2017 (ECF No. 15). On May 31,
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2017, the Court entered an Order setting the discovery cut-off for July 31, 2017
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pursuant to the parties’ stipulation to extend the discovery cut-off for sixty (60) days
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(ECF No. 22).
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WHEREAS, due to scheduling difficulties, the parties were unable to schedule
the deposition of Swift pursuant to Fed.R.Civ.P. 30(B)(6) until August 25, 2017.
WHEREAS,
the
parties
have
been
engaged
in
meet
and
confer
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communications regarding Plaintiffs’ Responses to Request for Production, Set 1,
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and Plaintiffs’ Responses to Interrogatories, Set 1 (the “Plaintiffs’ Challenged
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Discovery Responses”). Plaintiffs have agreed to review their prior responses to this
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discovery taking into consideration the concerns raised by Defendant in the meet and
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confer process and provide updated responses to Plaintiffs’ Challenged Discovery
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Responses by August 1, 2017.
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WHEREAS,
the
parties
have
been
engaged
in
meet
and
confer
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communications regarding Defendant’s Responses to Plaintiffs’ Request for
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Production of Documents, Set One. Defendants have stated the documents referenced
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in their Third Supplemental Response will be produced by August 1, 2017.
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WHEREAS, as a result of the outstanding discovery issues identified above,
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the parties stipulate and agree (1) to an extension of the discovery cut-off until
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September 8, 2017 for the limited purpose of allowing the parties to file any motions
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Case No. 2:16-cv-01532-TLN-CKD
Stipulation and Order Thereon to Amend Scheduling Order
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arising out of the testimony at the August 25, 2017 deposition; (2) to an extension of
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the discovery cut-off until Sept. 11, 2017 for the limited purpose of resolving the
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ongoing discovery dispute regarding Plaintiffs’ Challenged Discovery Responses and
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Defendant’s Third Supplemental Response to Plaintiffs’ Request for Production of
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Documents, Set One; and (3) to an extension of the deadline for disclosure of any
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expert to be used at the class certification stage until September 8, 2017.
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WHEREAS, the parties have acted with diligence in trying to adhere to the
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current pretrial deadlines but are making this request to the Court for modification of
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the current scheduling order because absent an extension, the parties will be unable to
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complete the expert disclosures and/or discovery.
WHEREAS, neither party will be prejudiced by the requested brief extensions
of the current discovery and expert disclosure deadlines.
NOW, THEREFORE, the parties, by their respective counsel, jointly propose
and stipulate to the following:
The deadlines in the Pretrial Scheduling Order previously set forth by the
Court shall be revised as follows, or set on such other date as the Court determines:
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Event
Current Date
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Discovery Cut-Off for the
July 31, 2017
September 8, 2017
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limited purpose of filing a
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motion
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testimony
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30(B)(6) deposition of Swift
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on August 25, 2017
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Discovery Cut-Off for the
July 31, 2017
September 11, 2017
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limited purpose of resolving
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the ongoing discovery
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related
at
to
the
Proposed Date
the
Rule
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Case No. 2:16-cv-01532-TLN-CKD
Stipulation and Order Thereon to Amend Scheduling Order
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dispute regarding Plaintiffs’
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Challenged Discovery
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Responses and Defendant’s
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Third Supplemental
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Response to Plaintiffs’
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Request for Production of
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Documents, Set One
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Expert Disclosures Deadline
July 27, 2017
September 8, 2017
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IT IS FURTHER STIPULATED and AGREED between the parties that all
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other provisions of the Pretrial Scheduling Order of September 6, 2016 shall remain
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in effect.
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electronic signature will be valid as an original signature.
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This Stipulation may be signed in counterparts and any facsimile or
IT IS SO STIPULATED.
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Dated: July 31, 2017
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SCOPELITIS, GARVIN, LIGHT, HANSON
& FEARY, P.C.
By:
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/s/ Angela S. Cash
Angela S. Cash
Attorneys for Defendant,
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Dated: July 31, 2017
THE RDM LEGAL GROUP
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By:
Russel Myrick
Attorneys for Plaintiffs
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Case No. 2:16-cv-01532-TLN-CKD
Stipulation and Order Thereon to Amend Scheduling Order
ORDER
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FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties;
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the deadlines in the Scheduling Order previously set forth by the Court are revised as
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follows:
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Event
Current Date
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Discovery
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limited purpose of filing a
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motion related to the testimony
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at the Rule 30(B)(6) deposition
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of Swift on August 25, 2017
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Discovery Cut-Off for the
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limited purpose of resolving the
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ongoing discovery dispute
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regarding Plaintiffs’ Challenged
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Discovery Responses, and
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Defendant’s Third Supplemental
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Response to Plaintiffs’ Request
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for Production of Documents,
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Set One
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Expert Disclosures Deadline
Proposed Date
Cut-Off
for
the
July 31, 2017
September 8, 2017
July 31, 2017
September 11, 2017
July 27, 2017
September 8, 2017
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IT IS SO ORDERED
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Date: August 8, 2017
Troy L. Nunley
United States District Judge
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Case No. 2:16-cv-01532-TLN-CKD
Stipulation and Order Thereon to Amend Scheduling Order
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