Westbrook v. Ball Metal Beverage Container Corp.

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/12/2017 ORDERING Non-Expert Discovery shall be EXTENDED to 9/26/2017; all Motions to Compel Non-Expert Discovery by 9/26/2017; Expert Disclosures due by 10/10/2017; Rebuttal Expert Disclosure due by 10/30/2017; Completion of Expert Discovery by 11/30/2017; the deadline to notice all motions to Compel Expert Discovery by 11/30/2017; and Dispositive Motions filed by 11/30/2017. (Reader, L)

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Maurice Fitzgerald (SBN: 149712)
Robert E. Cartwright, Jr. (SBN: 104284)
The Cartwright Law Firm, Inc.
222 Front Street, Fifth Floor
San Francisco, CA 94111
Attorneys for Plaintiff
GEORGE WESTBROOK
Jason A. Geller [SBN 168149]
Email: [e-mail]
Annie Lau [SBN 302438]
Email: [e-mail]
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2050
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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GEORGE WESTBROOK,

Case No. 2:16-CV-01569-WBS-CKD

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Plaintiff(s),

JOINT STIPULATION RE:
CONTINUATION OF DISCOVERY
DEADLINES AND ORDER

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vs.
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BALL METAL BEVERAGE CORP., a
Colorado corporation; and Does 1-100,
inclusive;

[Originally Solano County Superior Court
Action No. FCS047162]

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Defendant(s).

Removal Date:
Trial Date:

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July 8, 2016
TBD

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 32843296.1

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TO THE U.S. DISTRICT COURT, ALL PARTIES AND THEIR ATTORNEYS OF
RECORD:

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Plaintiff GEORGE WESTBROOK (“Plaintiff”) and Defendant BALL METAL

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BEVERAGE CONTAINER CORP. (“Defendant”), by and through their respective counsel,

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hereby submit this Joint Stipulation pursuant to Federal Rule of Civil Procedures (“Fed. R. Civ.

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P.”) 29 and Local Rules (“L.R.”) 143, 144, and 230(f) and respectfully request that the Court issue

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an order granting this stipulation as set forth below pursuant to Fed. R. Civ. P. 29.

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WHEREAS, on October 31, 2016, the Court issued a Status (Pretrial Scheduling) Order

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(Doc. 5) that established all discovery deadlines and set a jury trial for February 6, 2018 in this

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action;

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WHEREAS, lead counsel for Defendant was engaged in a lengthy trial from November
2016 until mid-February 2017.

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WHEREAS, the Parties desire additional time for the completion of discovery.

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WHEREAS, the Parties desire additional time to consider alternative dispute resolution.

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WHEREAS, the joint stipulation is not entered into with the intent to delay. By continuing

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the discovery and motion deadlines as set forth above, and continuing trial, there is no prejudice to

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any party.
WHEREAS, good cause exists for granting the Parties’ request to extend the following

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deadlines and continue the trial date in accordance with Fed. R. Civ. P. 29.

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NOW, WHEREFORE, for the foregoing reasons and for good cause shown, the requested
stipulated deadline continuances are as follows:

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a)

September 26, 2017.

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The completion of non-expert discovery shall be extended from July 27, 2017 to

b)

The deadline to notice all motions to compel non-expert discovery shall be

extended from July 27, 2017 to September 26, 2017.

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c)

Extend expert disclosures in accordance with Federal Rule of Civil Procedure

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26(a)(2) from May 26, 2017 to October 10, 2017.

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 32843296.1

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d)

Extend rebuttal expert disclosures in accordance with Federal Rule of Civil

Procedure 26(a)(2) from June 30, 2017 to October 30, 2017.

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e)

The completion of expert discovery shall be November 30, 2017.

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f)

The deadline to notice all motions to compel expert discovery shall be extended

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November 30, 2017.
g)

The deadline to file all motions, except for continuances, temporary restraining

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orders, or other emergency applications, shall be extended from September 25, 2017 to November

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30, 2017.

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THEREFORE, the Parties hereby stipulate and agree to extend the aforementioned

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discovery deadlines as noted above. The dates for Final Pretrial Conference and Trial shall remain

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the same.

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Date: May 10, 2017

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THE CARTWRIGHT FIRM, INC.
/s/ Maurice Fitzgerald
Maurice Fitzgerald
Robert E. Cartwright, Jr.
Attorneys for Plaintiff
GEORGE WESTBROOK

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Date: May 10, 2017

/s/ Annie Lau
Jason A. Geller
Annie Lau
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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FISHER & PHILLIPS LLP

IT IS SO ORDERED, with modification above.
Dated: May 12, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 32843296.1