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

Filing 35

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/21/17, ORDERING that Swift's SupplementalList of Expert Witnesses (if any) due on 10/27/2017. Swift's Response toPlaintiffs' Motions for Class and Conditional Cert ification due on 11/17/2017. Plaintiffs' Reply in Support of their Motions for Class and Conditional Certification due on 12/11/2017. Hearing on Plaintiffs' Motions for Class andConditional Certification is SET for 1/11/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Discovery Cut-Off for the limited purpose of resolving is 10/27/2017. (Kastilahn, A)

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United States District Court
Eastern District of California

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Christopher C. McNatt, Jr. (SBN 174559)
[e-mail]
SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, LLP
2 North Lake Avenue, Suite 560
Pasadena, CA 91101
Tel: [phone]
Fax: [phone]
Adam C. Smedstad (SBN 303591)
[e-mail]
Andrew J. Butcher (Admitted Pro Hac Vice)
[e-mail]
SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C.
30 West Monroe Street, Suite 600
Chicago, IL 60603
Tel: [phone]
Fax: [phone]
Angela S. Cash (Admitted Pro Hac Vice)
[e-mail]
Adam J. Eakman (Admitted Pro Hac Vice)
[e-mail]
SCOPELITIS GARVIN LIGHT HANSON & FEARY, P.C.
10 W. Market Street, Suite 1400
Indianapolis, IN 46204
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant,
SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

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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,

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v.
SWIFT TRANSPORTATION
COMPANY OF ARIZONA, LLC, and
DOES 1 – 10, Inclusive,

Case No. 2:16-cv-01532-TLN-CKD
JOINT STIPULATION TO
EXTEND CASE DEADLINES ;
ORDER
Action Filed: April 1, 2016
Removed: July 5, 2016

Defendants.

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation To Extend Case Deadlines

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THE MARKHAM LAW FIRM
David R. Markham (SBN 071814)
[e-mail]
Maggie Realin (SBN 263639)
[e-mail]
750 B Street, Suite 1950
San Diego, CA 92101
Tel: [phone]
Fax: [phone]
THE RDM LEGAL GROUP
Russell Myrick (SBN 270803)
[e-mail]
MANCHESTER FINANCIAL BUILDING
7970 Ivanhoe Avenue, Suite 400
La Jolla, CA 92037
Tel: [phone]
Fax: [phone]

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation To Extend Case Deadlines

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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”) pursuant to

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USDC EDCA Local Rule 143 stipulate and agree as follows:

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On September 6, 2016, this Court, pursuant to Federal Rule of Civil

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Procedure 16(b) and the Rule 26(f) Conference Statement of the parties, issued a

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Pretrial Scheduling Order setting the deadline for Plaintiffs’ Motion for Class

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Certification for September 21, 2017 (ECF No. 15). The Court also set the expert

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disclosure deadline for any expert to be used on class certification for July 27, 2017,

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and the deadline for Swift’s supplemental expert disclosure for 20 days after that

10 deadline. Id.
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These deadlines have been modified since the Court’s original Pretrial
12 Scheduling Order. On May 31, 2017, the Court entered an Order setting the
13 discovery cut-off for July 31, 2017 pursuant to the parties’ stipulation to extend the
14 discovery cut-off for sixty days (ECF No. 22). On August 8, 2017, the Court
15 extended the expert disclosure deadline to September 8, 2017 (ECF No. 29). On
16 September 14, 2017, the Court entered an order extending the discovery cut-off for
17 the limited purpose of resolving the ongoing discovery dispute regarding Plaintiffs’
18 challenged discovery responses and Defendant’s Third Supplemental Response to
19 Plaintiffs’ Request for Production of Documents, Set One to September 21, 2017
20 (ECF No. 31).
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On September 20, 2017, Plaintiffs’ filed their Motions for Conditional

22 Certification and Class Certification with the hearing scheduled on November 2,
23 2017 (ECF No. 32). Under Local Rule 230, Swift’s opposition to Plaintiffs’
24 motions is due 14 days before the hearing, October 19, 2017. Plaintiffs’ reply brief
25 is due 7 days before the hearing, October 26, 2017.
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The parties are now exploring in good faith a possible settlement of this case.
27 Neither party will be prejudiced by the requested brief extension. Therefore, the
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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation To Extend Case Deadlines

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parties jointly propose a 30-day extension for all outstanding deadlines in order to

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select a mediator and mediation date and stipulate to the following:

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The deadlines in the Pretrial Scheduling Order and the Court’s subsequent
orders should be revised as follows:

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Event

Current Date

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Swift’s Supplemental September 28, 2017

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List of Expert

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Proposed Date

Witnesses (if any)

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Swift’s Response to

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Plaintiffs’ Motions

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for Class and

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Conditional

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Certification

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Plaintiffs’ Reply in

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Support of their

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Motions for Class

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and Conditional

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Certification

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Discovery Cut-Off

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for the limited

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purpose of resolving

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the ongoing

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discovery dispute

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regarding Plaintiffs’

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Challenged

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October 27, 2017

Discovery Responses

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October 19, 2017

November 17, 2017

October 26, 2017

December 11, 2017

September 21, 2017

October 27, 2017

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation To Extend Case Deadlines

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and Defendant’s

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Third Supplemental

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Response to

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Plaintiffs’ Request

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for Production of

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Documents, Set One

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IT IS FURTHER STIPULATED and AGREED between the parties that all other

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provisions of the Pretrial Scheduling Order of September 6, 2016 and subsequent

10 orders should remain in effect. This Stipulation may be signed in counterparts and
11 any facsimile or electronic signature will be valid as an original signature.
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IT IS SO STIPULATED.

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15 Dated: September 21, 2017

SCOPELITIS, GARVIN, LIGHT,
HANSON & FEARY, P.C.

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By:

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/s/ Angela S. Cash
Angela S. Cash
Attorneys for Defendant

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Dated: September 21, 2017

THE MARKHAM LAW FIRM

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By:

/s/ David R. Markham____
David R. Markham
Attorneys for Plaintiffs

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation To Extend Case Deadlines

ORDER

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FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties;
the deadlines in the Scheduling Order previously set forth by the Court are revised as
follows:

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Event

Current Date

Swift’s Supplemental September 28, 2017

Proposed Date
October 27, 2017

List of Expert
Witnesses (if any)

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Swift’s Response to

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Plaintiffs’ Reply in

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Motions for Class

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and Conditional

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Certification

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Hearing on

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Plaintiffs’ Motions

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for Class and

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Conditional

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Certification

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Discovery Cut-Off

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for the limited

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January 11, 2018, at 2:00

Support of their

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November 2, 2017

Certification

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December 11, 2017

Conditional

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October 26, 2017

for Class and

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November 17, 2017

Plaintiffs’ Motions

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October 19, 2017

purpose of resolving

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p.m.

September 21, 2017

October 27, 2017

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation To Extend Case Deadlines

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the ongoing

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discovery dispute

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regarding Plaintiffs’

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Challenged

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Discovery Responses

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and Defendant’s

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Third Supplemental

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Response to

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Plaintiffs’ Request

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for Production of

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Documents, Set One

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IT IS SO ORDERED.

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Date: September 21, 2017
Troy L. Nunley
United States District Judge

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation To Extend Case Deadlines