Westbrook v. Ball Metal Beverage Container Corp.

Filing 9

STIPULATION and ORDER continuing discovery deadlines and trial 8 signed by Senior Judge William B. Shubb on 8/25/2017: a) Jury Trial is reset for 7/10/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; b) the Final Pretr ial Conference is reset for 5/7/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; c) The completion of non-expert discovery shall be extended from 9/26/2017 to 11/13/2017; d) The deadline to notice all motions to compel non- expert discovery shall be extended from 9/26/2017 to 11/13/2017; e) Extend expert disclosures in accordance with Federal Rule of Civil Procedure 26(a)(2) from 10/10/2017 to 11/22/2017; f) Extend rebuttal expert disclosures in accordance with Federal Rule of Civil Procedure 26(a)(2) from 10/30/2017 to 12/15/2017; g) The completion of expert discovery shall be 1/22/2018; h) The deadline to notice all motions to compel expert discovery shall be extended 1/22/2018; and i) The deadline to file all motions, including dispositive motions, except for continuances, temporary restraining orders, or other emergency applications, shall be extended from 11/20/2017 to 2/1/2018. (Kirksey Smith, K)

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Maurice J. Fitzgerald (SBN: 149712)
Email: [e-mail]
Robert E. Cartwright (SBN: 104284)
Email: [e-mail]
The Cartwright Law Firm, Inc.
222 Front Street, Fifth Floor
San Francisco, CA 94111

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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,
Plaintiff,

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Case No. 2:16-CV-01569-WBS-CKD
JOINT STIPULATION RE:
CONTINUATION OF DISCOVERY
DEADLINES AND TRIAL DATE;
[PROPOSED] ORDER

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

[Originally Solano County Superior Court
Action No. FCS047162]

Defendant(s).

Removal Date:
Trial Date:

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July 8, 2016
February 6, 2018

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 32843296.1
FPDOCS 33191146.1

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TO THE U.S. DISTRICT COURT, ALL PARTIES AND THEIR ATTORNEYS OF
RECORD:
Plaintiff GEORGE WESTBROOK (“Plaintiff”) and Defendant BALL METAL
BEVERAGE CONTAINER CORP. (“Defendant”), by and through their respective counsel,
hereby submit this Joint Stipulation pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”)
29 and Local Rules (“L.R.”) 143, 144, and 230(f), and respectfully request that the Court issue an
order granting this stipulation as set forth below pursuant to Fed. R. Civ. P. 29.
WHEREAS, on May 5, 2017, the Court issued a Status (Pretrial Scheduling) Order that
established all updated discovery deadlines this action.
WHEREAS the parties have engaged in substantial discovery including the exchange of
written discovery that included over two thousand documents and the depositions of Plaintiff and
Defendant’s key witness.
WHEREAS, the Parties have agreed to make a good faith effort to resolve this matter
though private mediation and have scheduled mediation on October 11, 2017 with Judge Bonnie
Sabraw (Ret.) at ADR Services, Inc. in San Francisco.
WHEREAS, the current discovery cut-off dates and dates for expert disclosure and motion
practice are such that the Parties would be incur substantial expense prior to mediation unless those
dates are moved.
WHEREAS the resources saved by continuing the dates set forth herein can be used to
attempt to resolve this matter. The Parties desire additional time for the completion of discovery if
mediation is unsuccessful.
WHEREAS, the joint stipulation is not entered into with the intent to delay. By continuing
the discovery and motion deadlines and briefly continuing trial, there is no prejudice to any Party.
WHEREAS the Parties have not previously requested a trial continuance.
WHEREAS, good cause exists for granting the Parties’ request to extend the following
deadlines and continue the trial date in accordance with Fed. R. Civ. P. 29.
NOW, WHEREFORE, for the foregoing reasons and for good cause shown, the requested
stipulated deadline continuances are as follows:
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JOINT STIPULATION RE CONTINUATION OF TRIAL AND DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 33191146.1

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a)

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Trial be continued from February 6, 2018 to July 10, 2018 at 9:00 a.m.

b)

Final Pretrial conference continued from December 4, 2017 to May 7, 2018 at 1:30

c)

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The completion of non-expert discovery shall be extended from September 26,

p.m.

2017 to November 13, 2017.
d)

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

extended from September 26, 2017 to November 13, 2017.
e)

Extend expert disclosures in accordance with Federal Rule of Civil Procedure

26(a)(2) from October 10, 2017 to November 22, 2017.
f)

Extend rebuttal expert disclosures in accordance with Federal Rule of Civil

Procedure 26(a)(2) from October 30, 2017 to December 15, 2017.
g)

The completion of expert discovery shall be January 22, 2018.

h)

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

January 22, 2018.
i)

The deadline to file all motions, including dispositive motions, except for

continuances, temporary restraining orders, or other emergency applications, shall be extended
from November 20, 2017 to February 1, 2018.
THEREFORE, the Parties hereby stipulate and agree to extend the aforementioned
discovery deadlines as noted above.
Date: August 24, 2017

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__________/S/_______________________
Maurice Fitzgerald
Robert E. Cartwright, Jr.
Attorneys for Plaintiff
GEORGE WESTBROOK

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THE CARTWRIGHT FIRM, INC.

Date: August 24, 2017

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FISHER & PHILLIPS LLP
____________/S/_____________________
Jason A. Geller
Annie Lau
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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JOINT STIPULATION RE CONTINUATION OF TRIAL AND DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 33191146.1

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IT IS SO ORDERED.
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Dated: August 25, 2017
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JOINT STIPULATION RE CONTINUATION OF TRIAL AND DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 33191146.1