Nadeau et al v. Wealth Counsel LLC et al

Filing 25

ORDER signed by District Judge Morrison C. England, Jr on 11/28/2017 ORDERING that: The stay should be lifted as of 11/15/2017; Plaintiffs will file their Opposition to Defendants Motion to Transfer (ECF No. 21) by 12/1/2017; Defendants will file the ir Answer to Plaintiffs First Amended Complaint within 15 days after service of the First Amended Complaint; The Parties will be deemed to have conferred with respect to discovery on 11/15/2017; The Parties will exchange their initial disclosures pursuant to Rule 26(a) on 12/11/2017. (Hunt, G)

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Alan J. Reinach, State Bar No. 196899
Email: [e-mail]
CHURCH STATE COUNCIL
2686 Townsgate Road
Westlake Village, CA 91361
Telephone [phone]
Joseph E. Maloney, State Bar No. 95458
Email: [e-mail]
12005 Peregrine Way
Auburn, CA 95603
Telephone [phone]
Attorneys for Plaintiffs
LAURIE NADEAU, ROBYN COFFIN and DAGNY
MAGELSSEN
Mark J. Jacobs, State Bar No. 208945
Email: [e-mail]
Christopher S. Alvarez, State Bar No. 294795
Email: [e-mail]
FISHER & PHILLIPS LLP
621 Capitol Mall, Suite 1400
Sacramento, CA 95814
Telephone [phone]
Facsimile [phone]
Attorneys for Defendants
WEALTH COUNSEL, LLC and INSPERITY, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURIE NADEAU; ROBYN
COFFIN; and DAGNY MAGELSSEN,

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Case No. 2:17-cv-00561-MCE-AC

Plaintiffs,

JOINT STATEMENT OF THE
CASE

v.

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WEALTH COUNSEL, LLC;
INSPERITY, INC.,

Complaint Filed: March 15, 2017
Trial Date: None Set

Defendants.

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JOINT STATEMENT OF THE CASE
FPDOCS 33444316.1

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Plaintiffs Laurie Nadeau; Robyn Coffin; and Dagny Magelssen

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(“Plaintiffs”) and Defendants WealthCounsel, LLC and Insperity, Inc.

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(“Defendants,” together with Plaintiffs referred to as the “Parties”) hereby submit

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this Joint Statement of the Case.

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1.

The parties were unable to resolve the matter at the mediation.

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2.

The stay should be lifted as of November 15, 2017.

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3.

As provided in the Order filed September 13, 2017 (ECF No. 20),

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the case shall be deemed opened for purposes of this Court’s Initial Scheduling

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Order (ECF No. 3) as of November 15, 2017.

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4.

(ECF No. 21) by December 1, 2017.
5.

Plaintiffs will file their First Amended Complaint to include federal

claims under Title VII.
6.

Defendants will file their Answer to Plaintiffs’ First Amended

Complaint within fifteen (15) days after service of the First Amended Complaint.
7.

The Parties have conferred regarding discovery matters pursuant to

Federal Rule of Civil Procedure 26(f) and agreed as follows:
a.

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Plaintiffs will file their Opposition to Defendants Motion to Transfer

discovery on November 15, 2017;
b.

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The Parties will exchange their initial disclosures

pursuant to Rule 26(a) on December 11, 2017;
ii.

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The discovery plan is as follows:
i.

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The Parties will be deemed to have conferred with respect to

Discovery will be needed on all the issues of liability

and damages and should not be limited or phased;
iii.

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Electronically stored documents will be produced in

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PDF format, if practical, and other documents will be produced in a convenient

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format;

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2
JOINT STATEMENT OF THE CASE
FPDOCS 33444316.1

iv.

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The Parties do not anticipate issues about claims of privilege

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or protection of trial preparation materials, and any such issues that arise will be

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addressed on an ad hoc basis;
v.

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Because there are three Plaintiffs and two Defendants,

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the limitations on discovery will be doubled, except that depositions will be

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limited to 10 hours on the record spread over two days unless extended pursuant

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to the Parties agreement or Court order;
vi.

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Depositions will not be noticed until after January 8,

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2018, so that the parties will, in the interim, concentrate on written discovery.

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Any deposition of Karl Clegg or Brett Pinegar will take place in Salt Lake City.

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Any depositions of the plaintiffs will take place in Sacramento. Any deposition of

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Tamira Ryan will take place in Sacramento, and Defendants will produce her so

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long as she is employed. Any depositions of the owners will take place in the

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cities in which they practice.

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7.

Aside from documents filed through the Court’s electronic service,

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the Parties agree to electronic service of documents, including, among other

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things, documents produced during discovery. For purposes of calculating

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respective deadlines, documents initially served electronically will be treated as if

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they were served by mail adding three additional days, and responses thereto

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electronically served will be treated as if they were served by personal service.

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Electronic service will include service to the following individuals and addresses:

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 Alan Reinach: [e-mail];

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 Jonathon Cherne: [e-mail]

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 Joseph Maloney: [e-mail], and

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[e-mail];
 Mark Jacobs: [e-mail], and
[e-mail]; and

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JOINT STATEMENT OF THE CASE
FPDOCS 33444316.1

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 Christopher Alvarez: [e-mail]; and
[e-mail].

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DATE: November 15, 2017

CHURCH STATE COUNCIL

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By: /s/ Joseph E. Maloney_______
Joseph E. Maloney

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Attorneys for Plaintiffs
LAURIE NADEAU, ROBYN COFFIN
and DAGNY MAGELSSEN

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DATE: November 15, 2017

FISHER & PHILLIPS LLP

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By: _/s/ Christopher S. Alvarez_____
Mark J. Jacobs
Christopher S. Alvarez

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Attorneys for Defendants
WEALTH COUNSEL, LLC and
INSPERITY, INC.

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ORDER

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IT IS SO ORDERED.

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Dated: November 28, 2017

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JOINT STATEMENT OF THE CASE
FPDOCS 33444316.1