Aranda v. American Pasteurization Company, LLC

Filing 14

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 2/27/2017 ORDERING all parties to disclose expert witnesses by 12/11/2017 and to disclose rebuttal experts by 1/2/2018; ORDERING that expert discovery be completed by 1/19/2018. (Michel, G.)

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LAW OFFICES OF LINH T. NGUYEN
Linh T. Nguyen (SBN 198751)
[e-mail]
8841 Williamson Drive, Suite 80
Elk Grove, California 95624-1800
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff JOSE ARANDA

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SEYFARTH SHAW LLP
Nick C. Geannacopulos (SBN 114822)
[e-mail]
Ari Hersher (SBN 260321)
[e-mail]
Pamela L. Vartabedian (SBN 251133)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
AMERICAN PASTEURIZATION COMPANY, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ARANDA,

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Plaintiff,
vs.
AMERICAN PASTEURIZATION COMPANY,
LLC; and DOES 1 through 100, inclusive,

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Defendants.
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Case No. 2:16-cv-02242-WBS-AC
AMENDED STIPULATION AND
[PROPOSED] ORDER TO MODIFY
SCHEDULING ORDER
Complaint filed: February 18, 2016

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AMENDED STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER / CASE NO. 2:16-CV-02242-WBS-AC
37540930v.1

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Local Rules 240 and 270, and the

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Court’s Pretrial Scheduling Order, Plaintiff Jose Aranda and Defendant American Pasteurization

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Company (“Defendant” or “APC”) (collectively the “Parties”) hereby submit this Amended Stipulation

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and [Proposed] Order to Modify the Pretrial Scheduling Order. The Parties request that the Court

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modify the Pretrial Scheduling Order and continue the expert witness disclosure dates by approximately

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five (5) months as set forth below.

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES TO THIS ACTION,
through their counsel of record, as follows:
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WHEREAS, on January 24, 2017, this Court issued a Pretrial Scheduling Order (the

“Scheduling Order”) in this matter.
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WHEREAS, pursuant to the Scheduling Order, the deadline for expert witness

disclosures is July 28, 2017, and the deadline for rebuttal expert witness disclosures is August 31, 2017.

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3.

WHEREAS, the Parties’ deadline to file and serve motions is November 20, 2017.

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4.

WHEREAS, the Parties anticipate mediating this case in the summer of 2017, and agree

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that mediation may resolve some or all of the claims at issue in this case.
5.

WHEREAS, if mediation is unsuccessful in resolving the case in its entirety, Defendant

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intends to file a dispositive motion on or before the November 20, 2017 deadline, which may dispose of

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the case or narrow the issues to be addressed at trial.

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6.

WHEREAS, both parties wish to avoid the incurrence of expert witness fees and costs (or

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rebuttal witness fees and costs), as well as associated written discovery, depositions, and meet and

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confer efforts, if some or all of the case may be disposed of via settlement or other means.

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7.

WHEREAS, the Parties have met and conferred, and now agree that it is in the best

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interest of economic and judicial efficiency to continue the expert witness disclosure dates by

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approximately five (5) months, until after mediation can be completed and summary judgment can be

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decided.

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8.

WHEREAS, the Parties further agree that good cause exists to continue the expert

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witness disclosure deadlines, as a continuance is needed to prevent the expenditure of time and resources

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on experts that may not be needed for trial.
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AMENDED STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER / CASE NO. 2:16-CV-02242-WBS-AC
37540930v.1

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NOW THEREFORE, the Parties hereto stipulate and agree that the Court may enter an Order
continuing the July 28, 2017 and August 31, 2017 expert witness disclosure deadlines as follows:

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Initial expert disclosure:

December 11, 2017

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Rebuttal expert disclosure:

January 2, 2018

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Expert discovery cut-off:

January 19, 2018

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: February 24, 2017

LAW OFFICES OF LINH T. NGUYEN

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By: /s/ Linh T. Nguyen [as authorized on 2/24/2017]
Linh T. Nguyen

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Attorneys for Plaintiff
JOSE ARANDA

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DATED: February 27, 2017

SEYFARTH SHAW LLP

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By:

/s/ Pamela L. Vartabedian
Nick C. Geannacopulos
Ari Hersher
Pamela L. Vartabedian

Attorneys for Defendant
AMERICAN PASTEURIZATION COMPANY,
LLC

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ATTESTATION PURSUANT TO LOCAL RULE 131

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Pursuant to Local Rule 131, I, Pamela Vartabedian, hereby attest that the content of this

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document is acceptable to Linh T. Nguyen, Counsel for Plaintiff Jose Aranda, and that I have obtained

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Mr. Nguyen’s authorization to affix his electronic signature to this document.

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Executed this 27th day of February 2017 in San Francisco, CA.

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/s/ Pamela L. Vartabedian________________
Pamela L. Vartabedian

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AMENDED STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER / CASE NO. 2:16-CV-02242-WBS-AC
37540930v.1

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
The expert witness disclosure deadlines will be continued as follows:

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Initial expert disclosure:

December 11, 2017

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Rebuttal expert disclosure:

January 2, 2018

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Expert discovery cut-off:

January 19, 2018

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Dated: February 27, 2017

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AMENDED STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER / CASE NO. 2:16-CV-02242-WBS-AC
37540930v.1