Westfall v. Ball Metal Beverage Container Corporation

Filing 77

JOINT FURTHER SCHEDULING STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/4/18 ORDERING that the deadlines for Defendant to file Motions to Compel a trial plan, are continued to 6/8/18. By 6/1/18, the Parties shall file a joint report on the status of scheduling a further mediation, including whether any further continuances of the 6/8/18 deadline are warranted. (Mena-Sanchez, L)

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JOHN K. SKOUSEN, SBN 192581
[e-mail]
CHRISTOPHER M. AHEARN, SBN 239089
[e-mail]
FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant, BALL METAL BEVERAGE CONTAINER CORP.

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MATTHEW R. EASON, SBN 160148
[e-mail]
ERIN M. SCHARG, SBN 285311
EASON & TAMBORNINI, ALC
1234 H Street, Suite 200
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs, ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, and
DAVID ELLINGER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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ROBERT WESTFALL, DAVID E.
ANDERSON, LYNN BOBBY, and
DAVID ELLINGER,

Case No: 2:16-cv-02632-KJM-GGH

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Plaintiffs,
JOINT FURTHER SCHEDULING
STIPULATION; ORDER

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v.
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BALL METAL BEVERAGE
CONTAINER CORP.,
Defendant.

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JT FURTHER SCHEDULING STIP; ORDER – 2:16-CV-02632-KJM-GGH
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Plaintiffs ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, and

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DAVID ELLINGER (hereinafter, “Plaintiffs”), and Defendant BALL METAL BEVERAGE

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CONTAINER CORP. (hereinafter, “Defendant”) (hereinafter, collectively, the “Parties”),

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hereby stipulate as follows:

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WHEREAS, at the April 26, 2018 further status conference in this action (hereinafter,

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the “Conference”), the Parties and the Court discussed a possible motion by Defendant to

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amend the default limit of ten (10) depositions per side set forth in Rule 30(a)(2)(A)(i) of the

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Federal Rules of Civil Procedure, or in the alternative, a stipulation of the Parties in such

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regard, with the Court commenting that any motion in such regard should be filed within thirty

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(30) days of the Conference;

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WHEREAS, at the Conference, the Parties and the Court also discussed a possible

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motion by Defendant to compel Plaintiffs to submit a trial plan pursuant to Duran v. U.S. Bank

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Nat’l Assn, 54 Cal.4th 1 (2014) (hereinafter, a “Trial Plan”);

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WHEREAS, in its May 10, 2018 Status (Pretrial Scheduling) Order (Document No.

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74) (hereinafter, the “May 10, 2018 Order”), the Court set a deadline for a motion to compel a

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Trial Plan for within thirty (30) days of the Conference;

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WHEREAS, because thirty (30) days from April 26, 2018 is May 26, 2018, a Saturday,

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and May 28, 2018 is a federal holiday (Memorial Day), pursuant to Rule 6(a)(1) of the Federal

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Rules of Civil Procedure, the deadline for Defendant’s Motion to compel a Trial Plan is

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Tuesday, May 29, 2018, and the Parties understand that, although the May 10, 2018 Order

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does not reference a deadline for Defendant’s motion from the above-referenced ten (10)-

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deposition limit, based on the Court’s comments at the Conference the Parties understand that

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the same deadline of May 29, 2018 applies to a such a motion by Defendant relating to the

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deposition limit;

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WHEREAS, the Parties have conferred both by email and telephone regarding a

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potential stipulation to relief from the aforementioned ten (10)-deposition limit, as well as the

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submission of a Trial Plan by Plaintiffs;

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WHEREAS, the Parties have not yet reached an agreement, but believe that they may
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JT FURTHER SCHEDULING STIP; ORDER – 2:16-CV-02632-KJM-GGH
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be able to do so based on further meet-and-confer efforts;

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WHEREAS, the Parties are also in the process of discussing the possibility of an

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additional mediation in the near future with Mr. Alan Berkowitz (who mediated the case

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previously);

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WHEREAS, the Parties believe they will know by Friday, June 1, 2018 whether they
will be proceeding to such a further mediation;
WHEREAS, if the Parties do proceed to a mediation in the near future, it may not be
necessary to have a Trial Plan or further depositions until a later date after mediation;

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WHEREAS, if the Parties do not proceed to a mediation in the near future, they should

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be able to report to the Court regarding the status of same, and to complete their meet-and-

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confer efforts regarding depositions and a Trial Plan, by Friday, June 8, 2018.

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NOW THEREFORE, the Parties stipulate that the deadlines for Defendant to file

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motions to compel a Trial Plan and for relief from the aforementioned deposition limit should

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be continued to June 8, 2018, and that by June 1, 2018 the Parties should report to the Court

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regarding the status of scheduling a further mediation, including whether any further

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continuances of the aforementioned June 8, 2018 deadlines are warranted to avoid unnecessary

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motions and proceedings prior to mediation.

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Dated: May 25, 2018

FISHER & PHILLIPS LLP

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By: /s/ Christopher M. Ahearn
JOHN K. SKOUSEN
CHRISTOPHER M. AHEARN
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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Dated: May 25, 2018

EASON & TAMBORNINI, ALC

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By: /s/ Erin M. Scharg (as authorized on May 25, 2018)
MATTHEW R. EASON
ERIN M. SCHARG
Attorneys for Plaintiffs ROBERT WESTFALL, DAVID E.
ANDERSON, LYNN BOBBY, and DAVID ELLINGER

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ORDER

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Pursuant to the foregoing stipulation and joint report, and good cause appearing
therefor, IT IS ORDERED that:

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The deadlines for Defendant to file motions to compel a trial plan pursuant to Duran v.

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U.S. Bank Nat’l Ass’n, 54 Cal.4th 1 (2014), and for relief from the deposition limit set forth in

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Rule 30(a)(2)(A)(i) of the Rules of Civil Procedure, are continued to June 8, 2018. By June 1,

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2018, the Parties shall file a joint report on the status of scheduling a further mediation,

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including whether any further continuances of the June 8, 2018 deadline are warranted.

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DATED: June 4, 2018.

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UNITED STATES DISTRICT JUDGE

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