Oertell v. Six Flags Entertainment Corporation, et al.

Filing 97

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 04/16/18 ORDERING that the deadlines are RESET as follows: Fact discovery cut-off: 11/16/18; Expert disclosure: 01/18/19; Expert rebuttal: 02/15/19; Hearing of dispositive motions: 06/1 3/19; Joint pretrial conference statement: 09/12/19; Final Pretrial Conference set for 9/19/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley, Jury Trial set for 12/2/2019 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Benson, A.)

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STEVEN L. DERBY, ESQ. (SBN 148372)
DERBY, McGUINNESS, & GOLDSMITH, L.P.
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
PAUL L. REIN, Esq. (SBN 43053)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510/832-4787
[e-mail]
Attorneys for Plaintiff
MABLE OERTELL
* Defendants’ counsel listed after the caption

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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MABLE OERTELL,

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Plaintiff,
v.

Case No. 2:17-cv-00267-TLN-DB
STIPULATION AND ORDER
CONTINUING ALL DEADLINES AND
TRIAL DATE

SIX FLAGS ENTERTAINMENT
CORPORATION; PARK MANAGEMENT
CORP dba SIX FLAGS DISCOVERY
KINGDOM; DIPPIN DOTS, LLC; FOTO
FANTASY, INC.; PANDA RESTAURANT
GROUP, INC.; DOE NO. 1 dba COLD
STONE CREAMERY RESTAURANT No.
22293; KAHALA RESTAURANT
FRANCHISING, LLC; and DOES 2-20,
Inclusive,
Defendants.

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
HAYLEY S. GRUNVALD, Cal. Bar No. 227909
[e-mail]
SMRH:227323412.1

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12275 El Camino Real, Suite 200
San Diego, CA 92130-2006
Telephone:
858.720.8900
Facsimile:
858.509.3691
Attorneys for Defendants
SIX FLAGS ENTERTAINMENT CORPORATION;
PARK MANAGEMENT CORPORATION; PANDA
RESTAURANT GROUP, INC.; AND KAHALA
RESTAURANT HOLDINGS, LLC
JANET L. GRUMER, SBN 232723
[e-mail]
DAVIS WRIGHT TREMAINE LLP
865 South Figueroa Street, 24th Floor
Los Angeles, California 90017-2566
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant
DIPPIN’ DOTS, LLC

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Plaintiff Mable Oertell (“Plaintiff”) and Defendants SIX FLAGS ENTERTAINMENT

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CORPORATION, PARK MANAGEMENT CORPORATION, PANDA RESTAURANT

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GROUP, INC., and KAHALA RESTAURANT HOLDINGS (“Six Flags Defendants”); Defendant

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FOTO FANTASY, INC., and Defendant DIPPIN’ DOTS, LLC (collectively, the “Parties”) by

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and through their respective attorneys, hereby jointly stipulate and respectfully request the

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trial date and pretrial deadlines in this case be continued. Presently, trial in this case is

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scheduled to begin on April 30, 2019. This is the second request for an extension of time

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is based on the following good cause:

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1.

On July 11, 2017, Defendants filed a motion for partial summary judgment

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(“Partial MSJ”). [Dkt. No. 63.] Defendants’ Partial MSJ is fully briefed but no

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ruling has been issued by the Court.

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2.

In light of Defendants’ Partial MSJ, on July 18, 2017, Defendants filed a Motion to

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Stay Discovery Pending Adjudication of Defendants’ Motion for Summary

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Judgment. [Dkt. No. 65.] On July 24, 2017, Magistrate Judge Barnes issued a

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minute order directing that Defendants had incorrectly noticed the motion on her
SMRH:227323412.1

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calendar and directed that it must be placed on Judge Nunley’s civil law and

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motion calendar instead. [Dkt. No. 71.] On July 18, 2017, Defendants’ refiled

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their Motion to Stay on Judge Nunley’s civil law and motion calendar. [Dkt. No.

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72.] On January 19, 2018, the Court denied Defendants’ Motion to Stay.

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3.

To date, other than a site inspection which was held on August 22, 2017, no

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discovery has been exchanged since the Parties were awaiting the Court’s decision

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on Defendants’ Motion to Stay.

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4.

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Since the Court issued its decision denying Defendants’ Motion to Stay on January
19, 2018, and the deadline to complete discovery in this matter is currently May 17,

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2018, the Parties need additional time to conduct discovery in this matter. [Dkt.

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No. 93.]

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Based on the foregoing, the parties jointly stipulate and request that the Court continue the

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trial date from May 6, 2019, to December 2, 2019, and that the associated case deadlines be

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continued as follows:

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Fact discovery cut-off:

November 16, 2018

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Expert disclosure:

January 18, 2019

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Expert rebuttal:

February 15, 2019

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Expert discovery cut-off:

March 15, 2019

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Hearing of dispositive motions:

June 14, 2019

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Joint pretrial conference statement:

September 6, 2019

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Pretrial conference:

September 13, 2019

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Trial briefs:

November 18, 2019

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Trial:

December 2, 2019

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SMRH:227323412.1

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Dated: April 16, 2018

DERBY, McGUINNESS & GOLDSMITH, L.P.
LAW OFFICES OF PAUL L. REIN

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By

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/s/ Steven L. Derby
STEVEN L. DERBY
Attorneys for Plaintiff
MABLE OERTELL

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Dated: April 16, 2018

SHEPPARD, MULLIN, RICHTER & HAMPTON

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By

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/s/ Hayley S. Grunvald
HAYLEY S. GRUNVALD
Attorneys for Defendants
SIX FLAGS ENTERTAINMENT CORPORATION;
PARK MANAGEMENT CORPORATION; PANDA
RESTAURANT GROUP, INC.; AND KAHALA
RESTAURANT HOLDINGS, LLC

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DAVIS WRIGHT TREMAINE LLP

Dated: April 16, 2018

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By

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/s/ Janet L. Grumer
JANET L. GRUMER
Attorneys for Defendant
DIPPIN’ DOTS, LLC

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SMRH:227323412.1

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ORDER
Pursuant to the parties’ stipulation, it is hereby ordered that the deadlines are reset as
follows:

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Fact discovery cut-off:

November 16, 2018

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Expert disclosure:

January 18, 2019

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Expert rebuttal:

February 15, 2019

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Hearing of dispositive motions:

June 13, 2019

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Joint pretrial conference statement:

September 12, 2019

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Pretrial conference:

September 19, 2019, at 2:00 PM

Trial:

December 2, 2019, at 9:00 AM

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IT IS SO ORDERED.

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Dated: April 16, 2018

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Troy L. Nunley
United States District Judge

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SMRH:227323412.1

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