Westfall v. Ball Metal Beverage Container Corporation

Filing 79

JOINT FURTHER SCHEDULING STIPULAION and ORDER signed by District Judge Kimberly J. Mueller on 6/13/2018 ORDERING that: 76 Motion to Compel is off-calendar. Defendant may submit a motion seeking relief from discovery limits on or before 8/24/2018; T he Court will defer ruling on 56 Motion for Reconsideration until after 8/17/2018; The Deadline for parties to report to the Court regarding the status of mediation and settlement due by 8/17/2018; Fact Discovery deadline CONTINUED to 11/30/2018; D isclosure of expert witnesses/signed reports CONTINUED to 12/28/2018; Supplemental expert witness disclosures CONTINUED to 1/25/2019; Completion of expert discovery CONTINUED to 2/22/2019; and Deadline for hearing on dispositive motions CONTINUED to 3/29/2019. (Hunt, G)

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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,
Plaintiffs,

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

JOINT FURTHER SCHEDULING
STIPULATION; ORDER

v.
BALL METAL BEVERAGE
CONTAINER CORP.,

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Defendant.
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JT FURTHER SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
FPDOCS 34166443.1

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Plaintiffs ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, DAVID

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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, on May 25, 2018, the Parties filed a joint stipulation to continue certain

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deadlines pertaining to a motion by Defendant pertaining to a trial plan and relief from the 10-

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deposition limit in Rule 30(a)(2)(A)(i) of the Federal Rules of Civil Procedure (Document No.

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075) (hereinafter, the “May 25 Stipulation”);

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WHEREAS, the Court had not endorsed the May 25 Stipulation as of May 29, 2018,

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and accordingly on that date Defendant filed such a motion (Motion to Compel Plaintiff to

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Submit a Trial Plan and for Relief From 10-Deposition Limit, Document No. 076)

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(hereinafter, the “Motion”), which is set to be heard on June 28, 2018 at 10:00 a.m.;

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WHEREAS, on June 4, 2018, the Court endorsed the May 25 Stipulation and entered
its order thereon (Document No. 077);

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WHEREAS, Plaintiffs’ Motion for Reconsideration (Document No. 065) in relation to

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the Court’s class certification order remains pending, with the Court indicating that it will rule

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without a hearing;

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WHEREAS, on June 8, 2018, the Parties confirmed that they will be attending a
second mediation with Alan Berkowitz, Esq. on August 1, 2018;
WHEREAS, the Parties do not believe it would be necessary or productive to for the

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Court to rule on the Motion prior to mediation, and that the parties should further meet and

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confer regarding the subject matter of such motion prior to any re-submission in the event that

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the case does not settle at mediation;

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WHEREAS, the Parties stipulate that the Motion should be deemed withdrawn, subject

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to Defendant’s right to re-submit a further motion to compel a trial plan and for relief from

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discovery limits, following further meet and confer by the Parties should the case not settle at

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mediation;

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JT FURTHER SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
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WHEREAS, the Parties do not wish to expend significant resources on additional pre-

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trial discovery prior to mediation, so that financial and other resources and be devoted to

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mediation and settlement, but the Parties want to ensure that they have sufficient time to

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complete pre-trial discovery in the event that the case does not settle at mediation;
NOW THEREFORE, the Parties stipulate that (1) the Motion should be taken off-

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calendar, subject to Defendant’s right to re-submit a motion seeking to compel a trial plan and

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for relief from discovery limits after the August 1, 2018 mediation, (2) the Court should defer

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ruling on Plaintiffs’ Motion for Reconsideration (Document No. 056) until after August 17,

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2018, and (3) the Court’s May 10, 2018 Status (Pretrial Scheduling) Order should be amended

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as follows:


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Deadline for parties to report to the Court regarding the status of mediation and

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settlement, and meet and confer efforts concerning a trial plan and stipulations

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concerning relief from discovery limits – August 17, 2018;


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Deadline for Defendant to file a further motion to compel a trial plan and for relief
from discovery limits – August 24, 2018;

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

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Deadline to complete fact discovery – continued from September 30, 2018 to
November 30, 2018;

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

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Disclosure of expert witnesses/signed reports pursuant to Fed R. Civ. P. 26(a)(2)(B) –
continued from October 28, 2018 to December 28, 2018;

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

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Supplemental expert witness disclosures – continued from November 22, 2018 to
January 25, 2019;

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

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Completion of expert discovery – continued from December 27, 2018 to February 22,
2019; and

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JT FURTHER SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
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

Deadline for hearing on dispositive motions – continued from January 25, 2019 to
March 29, 2019.

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Dated: June 11, 2018

FISHER & PHILLIPS LLP

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By:

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

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Dated: June 11, 2018

EASON & TAMBORNINI, ALC

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By:

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/s/ Matthew R. Eason (authorized on June 12, 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

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therefor, IT IS ORDERED that:

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Defendant’s Motion to Compel Plaintiff to Submit a Trial Plan and for Relief From

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10-Deposition Limit (Document No. 076) is off-calendar. Defendant may submit a motion

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seeking relief from discovery limits on or before August 24, 2018.

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The Court will defer ruling on Plaintiffs’ Motion for Reconsideration (Document No.
056) until after August 17, 2018.

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The May 10, 2018 Status (Pretrial Scheduling) Order is amended as follows:

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•

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Deadline for parties to report to the Court regarding the status of mediation and
settlement – August 17, 2018;

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Deadline to complete fact discovery – continued from September 30, 2018 to
November 30, 2018;
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JT FURTHER SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
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26(a)(2)(B) – continued from October 28, 2018 to December 28, 2018;

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Completion of expert discovery – continued from December 27, 2018 to
February 22, 2019; and

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Supplemental expert witness disclosures – continued from November 22, 2018
to January 25, 2019;

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Disclosure of expert witnesses/signed reports pursuant to Fed R. Civ. P.

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Deadline for hearing on dispositive motions – continued from January 25, 2019
to March 29, 2019.

DATED: June 13, 2018.

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UNITED STATES DISTRICT JUDGE

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JT FURTHER SCHEDULING STIPULATION; ORDER – 2:16-cv-02632-KJM-GGH
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