Barker et al v. Swift Transportation Company of Arizona, LLC

Filing 29

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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1 2 3 4 5 6 7 8 9 10 United States District Court Eastern District of California 11 12 13 14 15 16 17 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 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 21 BILL BARKER, TAB BACHMAN, and WILLIAM YINGLING, individually and on behalf of others similarly situated, 22 23 24 25 26 27 28 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 1 Case No. 2:16-cv-01532-TLN-CKD Stipulation and Order Thereon to Amend Scheduling Order 1 2 3 4 5 6 7 8 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 2:16-cv-01532-TLN-CKD Stipulation and Order Thereon to Amend Scheduling Order 1 Plaintiffs, Bill Barker, Tab Bachman and William Yingling (“Plaintiffs”) and 2 Defendant, Swift Transportation Company of Arizona, LLC (“Swift”), by and 3 through their respective counsel, and pursuant to USDC EDCA Local Rules 143 and 4 144(d) and Fed.R.Civ.P. 16(b), hereby stipulate and agree as follows: 5 WHEREAS, on or about September 6, 2016, this Court, pursuant to 6 Fed.R.Civ.P. 16(b) and the Fed.R.Civ.P. 26(f) Conference Statement of the parties, 7 issued a Pretrial Scheduling Order setting the expert disclosure deadline for any 8 expert to be used on class certification for July 27, 2017 (ECF No. 15). On May 31, 9 2017, the Court entered an Order setting the discovery cut-off for July 31, 2017 10 pursuant to the parties’ stipulation to extend the discovery cut-off for sixty (60) days 11 (ECF No. 22). 12 13 14 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 15 communications regarding Plaintiffs’ Responses to Request for Production, Set 1, 16 and Plaintiffs’ Responses to Interrogatories, Set 1 (the “Plaintiffs’ Challenged 17 Discovery Responses”). Plaintiffs have agreed to review their prior responses to this 18 discovery taking into consideration the concerns raised by Defendant in the meet and 19 confer process and provide updated responses to Plaintiffs’ Challenged Discovery 20 Responses by August 1, 2017. 21 WHEREAS, the parties have been engaged in meet and confer 22 communications regarding Defendant’s Responses to Plaintiffs’ Request for 23 Production of Documents, Set One. Defendants have stated the documents referenced 24 in their Third Supplemental Response will be produced by August 1, 2017. 25 WHEREAS, as a result of the outstanding discovery issues identified above, 26 the parties stipulate and agree (1) to an extension of the discovery cut-off until 27 September 8, 2017 for the limited purpose of allowing the parties to file any motions 28 3 Case No. 2:16-cv-01532-TLN-CKD Stipulation and Order Thereon to Amend Scheduling Order 1 arising out of the testimony at the August 25, 2017 deposition; (2) to an extension of 2 the discovery cut-off until Sept. 11, 2017 for the limited purpose of resolving the 3 ongoing discovery dispute regarding Plaintiffs’ Challenged Discovery Responses and 4 Defendant’s Third Supplemental Response to Plaintiffs’ Request for Production of 5 Documents, Set One; and (3) to an extension of the deadline for disclosure of any 6 expert to be used at the class certification stage until September 8, 2017. 7 WHEREAS, the parties have acted with diligence in trying to adhere to the 8 current pretrial deadlines but are making this request to the Court for modification of 9 the current scheduling order because absent an extension, the parties will be unable to 10 11 12 13 14 15 16 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: 17 18 Event Current Date 19 Discovery Cut-Off for the July 31, 2017 September 8, 2017 20 limited purpose of filing a 21 motion 22 testimony 23 30(B)(6) deposition of Swift 24 on August 25, 2017 25 Discovery Cut-Off for the July 31, 2017 September 11, 2017 26 limited purpose of resolving 27 the ongoing discovery 28 related at to the Proposed Date the Rule 4 Case No. 2:16-cv-01532-TLN-CKD Stipulation and Order Thereon to Amend Scheduling Order 1 dispute regarding Plaintiffs’ 2 Challenged Discovery 3 Responses and Defendant’s 4 Third Supplemental 5 Response to Plaintiffs’ 6 Request for Production of 7 Documents, Set One 8 Expert Disclosures Deadline July 27, 2017 September 8, 2017 9 10 IT IS FURTHER STIPULATED and AGREED between the parties that all 11 other provisions of the Pretrial Scheduling Order of September 6, 2016 shall remain 12 in effect. 13 electronic signature will be valid as an original signature. 14 This Stipulation may be signed in counterparts and any facsimile or IT IS SO STIPULATED. 15 16 Dated: July 31, 2017 17 18 SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C. By: 19 /s/ Angela S. Cash Angela S. Cash Attorneys for Defendant, 20 21 22 Dated: July 31, 2017 THE RDM LEGAL GROUP 23 24 25 By: Russel Myrick Attorneys for Plaintiffs 26 27 28 5 Case No. 2:16-cv-01532-TLN-CKD Stipulation and Order Thereon to Amend Scheduling Order ORDER 1 2 FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties; 3 the deadlines in the Scheduling Order previously set forth by the Court are revised as 4 follows: 5 6 Event Current Date 7 Discovery 8 limited purpose of filing a 9 motion related to the testimony 10 at the Rule 30(B)(6) deposition 11 of Swift on August 25, 2017 12 Discovery Cut-Off for the 13 limited purpose of resolving the 14 ongoing discovery dispute 15 regarding Plaintiffs’ Challenged 16 Discovery Responses, and 17 Defendant’s Third Supplemental 18 Response to Plaintiffs’ Request 19 for Production of Documents, 20 Set One 21 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 22 23 IT IS SO ORDERED 24 25 26 Date: August 8, 2017 Troy L. Nunley United States District Judge 27 28 6 Case No. 2:16-cv-01532-TLN-CKD Stipulation and Order Thereon to Amend Scheduling Order

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