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

Filing 37

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/27/2017 ORDERING Discovery cut-off for the limited purpose of resolving the ongoing discovery dispute regarding Plaintiffs' challenged discovery responses is EXTENDED to 11/10/2017. (Washington, S)

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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]
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
JOINT STIPULATION AND
ORDER TO EXTEND CASE
DEADLINES
Action Filed: April 1, 2016
Removed: July 5, 2016
Discovery Cut-off: July 31, 2017
Expert Witness Disclosures: July 27,
2017
Class Certification: January 11, 2018

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation and Order 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 and Order 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 Procedure

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

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Scheduling Order setting the discovery cut-off deadline for June 1, 2017 (ECF No.

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15). On May 31, 2017, the Court entered an Order moving the discovery cut-off to

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July 31, 2017 pursuant to the parties’ stipulation to extend the discovery cut-off for

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sixty days (ECF No. 22). On September 14, 2017, the Court entered an order

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extending the discovery cut-off to September 21, 2017 for the limited purpose of

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resolving the ongoing discovery dispute regarding Plaintiffs’ challenged discovery

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responses and Defendant’s Third Supplemental Response to Plaintiffs’ Request for

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Production of Documents, Set One (ECF No. 31). And on September 22, 2017, the

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Court extended the same deadline to October 27, 2017 (ECF No. 35).

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The parties mediated the case with the Honorable Charles McCoy (Ret.) on

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October 20, 2017, but were unable to resolve the case at the mediation. Although

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Plaintiffs have made progress and have acted with diligence in gathering the

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documents and information necessary to complete their discovery responses, they

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have not yet been able to produce the requested discovery but have advised that they

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will do so on October 27, 2017. The parties, therefore, respectfully request a two-

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week extension on the discovery cut-off deadline for the limited purpose of resolving

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the ongoing discovery dispute regarding Plaintiffs’ challenged discovery responses

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and, if necessary, for Defendants to file a discovery motion. Neither party will be

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prejudiced by this extension.

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The parties jointly propose that the deadlines in the Pretrial Scheduling Order

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previously set forth by the Court be revised as follows, or set on such other date as

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the Court determines:

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation and Order to Extend Case Deadlines

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Event

Current Date

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Discovery cut-off for the

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limited purpose of resolving

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the ongoing discovery

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dispute regarding Plaintiffs’

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challenged discovery

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Proposed Date

responses

October 27, 2017

November 10, 2017

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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

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orders will remain in effect. This Stipulation may be signed in counterparts and any

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facsimile or electronic signature will be valid as an original signature.

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IT IS SO STIPULATED.

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Dated: October 27, 2017

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

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Angela S. Cash
Attorneys for Defendant,

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Dated: October 26, 2017

THE RDM LEGAL GROUP
By:

Russel Myrick
Attorneys for Plaintiffs

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation and Order to Extend Case Deadlines

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 cut-off for the limited

October 27, 2017

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purpose of resolving the ongoing

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discovery dispute regarding

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November 10, 2017

Plaintiffs’ challenged discovery

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Proposed Date

responses

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IT IS SO ORDERED

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Date: October 27, 2017
Troy L. Nunley
United States District Judge

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Case No. 2:16-cv-01532-TLN-CKD
Joint Stipulation and Order to Extend Case Deadlines