Smothers et al v. NorthStar Alarm Services, LLC

Filing 25

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/24/17 MODIFYING Scheduling Order. Discovery due date CONTINUED to 3/26/2018. Expert Disclosure date CONTINUED to 3/30/18. Rebuttal Expert Disclosure date CONTINUED to 4/20/2 018. Expert Discovery date CONTINUED to 5/21/2018. Motion for Conditional FLSA Certification and Class Certification date CONTINUED to 6/25/2018. Hearing on any Motion for Conditional FLSA Certification or Class Certification date CONTINUED to 8/6/18 at 10:00 a.m. in Courtroom 3. Further Status Conference CONTINUED to 11/2/2018 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Mena-Sanchez, L)

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S. BRETT SUTTON, 143107 1 brett@suttonhague.com 2 JARED HAGUE, 251517 jared@suttonhague.com 3 ANTHONY E. GUZMAN II, 311580 anthony@suttonhague.com 4 SUTTON HAGUE LAW CORPORATION, P.C. 5200 N. Palm Avenue, Suite 203 5 Fresno, California 93704 6 Telephone: (559) 325-0500 Facsimile: (559) 981-1217 7 Attorneys for Plaintiffs: Julian Smothers, Asa Dhadda, and Aggrieved Employees 8 9 10 11 12 13 14 15 16 CLAIRE DOSSIER, CA Bar No. 264253 cdossier@mbmlawyers.com ANDREW V. COLLINS, pro hac vice acollins@mbmlawyers.com J. RYAN MITCHELL, pro hac vice rmitchell@mbmlawyers.com MITCHELL BARLOW & MANSFIELD, P.C. Nine Exchange Place, Suite 600 Salt Lake City, Utah 84111 Telephone: (801) 998-8888 Facsimile: (801) 998-8077 Attorneys for Defendant: Northstar Alarm Services, LLC 17 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 * * * 21 22 JULIAN SMOTHERS, ET AL., JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER Plaintiffs, 23 24 Case No.: 2:17-CV-00548-KJM-KJN vs. 25 NORTHSTAR ALARM SERVICES, LLC, 26 27 Defendant(s). 28 Sutton Hague Law Corporation 5200 N. PALM AVENUE SUITE 203 FRESNO, CA 93704 1 JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER 1 TO THE HONONRABLE JUDGE KIMBERLY J. MUELLER, JUDGE OF THIS 2 COURT: 3 PLEASE TAKE NOTICE: Plaintiffs Julian Smothers and Asa Dhadda (collectively 4 “Plaintiffs”), and Defendant Northstar Alarm Services, LLC (“Defendant”), (collectively “the 5 Parties”), hereby jointly stipulate as follows: 6 7 WHEREAS, on June 29, 2017, this Court issued a Pretrial Scheduling Order for Class 8 Certification setting, among other things: (1) a discovery cut-off date for November 26, 2017, 9 “with a scope of discovery focused primarily on class certification”; (2) an expert disclosure date 10 of November 27, 2017; and (3) a motion for conditional FLSA certification and class 11 certification filing date of February 26, 2018. 12 WHEREAS, the Parties exchanged initial disclosures on July 6, 2017. 13 WHEREAS, Plaintiffs propounded a Notice of 30(b)(6) Deposition, a set of Request for 14 Production of Documents, and a set of Interrogatories on July 18, 2017. 15 WHEREAS, Defendant provided Plaintiffs with its objections to the deposition notice on 16 August 8, 2017, and therefore with its objections to the requests for production and the 17 interrogatories on August 18, 2017. 18 WHEREAS, Plaintiffs provided Defendant with meet-and-confer letters on August 22, 19 2017, responding to Defendant’s objections. 20 WHEREAS, Plaintiffs reached out to set up a meet and confer call on August 22, 2017. 21 WHEREAS, Defendant responded to Plaintiffs’ request for a meet-and-confer call on 22 August 28, 2017, and agreed to a call on August 30, 2017. 23 WHEREAS, the Parties met and conferred via phone on August 30, 2017, and 24 determined that discovery disputes would need to be resolved by the Court. 25 WHEREAS, Plaintiffs prepared a Joint Statement RE: Discovery Dispute of over 100 26 pages and submitted the same to Defendant for comment and revisions on September 11, 2017. 27 Sutton Hague Law Corporation 5200 N. PALM AVENUE SUITE 203 FRESNO, CA 93704 WHEREAS, Defendant provided Plaintiffs with its revisions on September 21, 2017. 28 / / / 2 JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER 1 WHEREAS, the Parties conferred on the revised Joint Statement RE: Discovery Dispute 2 via phone on September 22, 2017, and agreed on the final draft thereof. 3 WHEREAS the Parties filed the Joint Statement RE: Discovery Dispute with the Court 4 on September 27, 2017. 5 WHEREAS the Court scheduled a hearing on the Joint Statement RE: Discovery Dispute 6 for its earliest available date on October 26, 2017, to resolve issues associated with Plaintiffs’ 7 first set of discovery initially propounded in July. 8 WHEREAS this would leave less than one month before the November 26, 2017, 9 discovery cut off date and the November 27, 2017, expert disclosure cut off date. 10 WHEREAS, as documented above, the Parties have been exceedingly diligent in 11 pursuing discovery for a complex nationwide class action. 12 WHEREAS, as documented above, the Parties have been exceedingly diligent in meeting 13 and conferring on a high number of discovery disputes for a complex nationwide class action. 14 WHEREAS, the Parties have met and conferred and agree that good cause exists to 15 modify the current Pretrial Scheduling Order for Class Certification to continue all dates 16 contained therein. Specifically, the Parties request extension of the following dates by a period of 17 not less than four months, including: 18  The November 26, 2017 Discovery Cut Off; 19  The November 27, 2017 Expert Disclosure Cut Off; 20  The December 18, 2017 Rebuttal Expert Disclosure Cut Off; 21  The January 19, 2018 Expert Discovery Cut Off; and 22  The February 26, 2018 Motion for Conditional FLSA Certification and Class 23 Certification Filing Deadline. 24 25 THEREFORE, the Parties jointly stipulate that good cause exists and respectfully request 26 an Order modifying the Pretrial Scheduling Order for Class Certification and continuing all of 27 the above referenced dates contained therein by a period of not less than four months or by any 28 Sutton Hague Law Corporation 5200 N. PALM AVENUE SUITE 203 FRESNO, CA 93704 3 JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER 1 other period otherwise deemed appropriate by the Court according to its schedule, such that the 2 Parties may resolve the current discovery disputes and obtain meaningful discovery. 3 4 5 Dated: October_20_, 2017 SUTTON HAGUE LAW CORPORATION, P.C. 6 7 By: 8 9 /s/ Anthony Guzman ANTHONY E. GUZMAN II Attorneys for Plaintiffs JULIAN SMOTHERS and ASA DHADDA 10 11 Dated: October_20_, 2017 MITCHELL BARLOW & MANSFIELD, P.C. 12 13 14 By: 15 /s/ Andrew Collins ANDREW COLLINS Attorney for Defendant NORTHSTAR ALARM SERVICES, LLC 16 17 18 19 20 21 22 23 24 25 26 27 28 Sutton Hague Law Corporation 5200 N. PALM AVENUE SUITE 203 FRESNO, CA 93704 4 JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER 1 2 ORDER Based on the Stipulation submitted by the Parties, and for good cause showing, the June 3 29, 2017 Pretrial Scheduling Order for Class Certification shall be modified to extend the all 4 dates contained therein as deemed appropriate by this Court. Specifically, the following cut offs 5 shall be continued: 6 7 Cut Off Original Date Continued Date Discovery November 26, 2017 April 20, 2018 January 19, 2018 May 21, 2018 Expert Disclosure 10 11 March 30, 2018 December 18, 2017 9 March 26, 2018 November 27, 2017 8 Rebuttal Expert Disclosure 12 13 14 15 16 17 18 19 20 Expert Discovery Motion for Conditional FLSA Certification and February 26, 2018 Class Certification Hearing on any motion for April 6, 2018 Conditional FLSA Certification or Class Certification Further Status Conference to June 21, 2018 schedule the balance of the case June 25, 2018 August 6, 2018 at 10:00 in Courtroom No. 3 November 2, 2018 at 2:30 in Courtroom No. 3 21 22 23 IT IS SO ORDERED. DATED: October 24, 2017. 24 25 UNITED STATES DISTRICT JUDGE 26 27 28 Sutton Hague Law Corporation 5200 N. PALM AVENUE SUITE 203 FRESNO, CA 93704 5 JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER AND ORDER

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