Nadeau et al v. Wealth Counsel LLC et al

Filing 44

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 9/20/2018 CONTINUING discovery completion date to 5/15/2019. (Zignago, K.)

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Alan J. Reinach, State Bar No. 196899
Email: [e-mail]
Jonathan Cherne, Esq.
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 Peregine Way
Auburn, CA 95603
Telephone [phone]

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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
WEALTHCOUNSEL, 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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Plaintiffs,

Case No. 2:17-cv-00561-MCE-AC
JOINT STIPULATION AND ORDER
REGARDING CONTINUANCE OF
DISCOVERY AND CASE DEADLINES

v.

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WEALTH COUNSEL, LLC; INSPERITY,
INC.,

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Complaint Filed: March 15, 2017
FAC Filed: December 12, 2017
Trial Date: None Set

Defendants.

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JOINT STIPULATION AND ORDER REGARDING
CONTINUANCE OF DISCOVERY AND CASE DEADLINES
FPDOCS 34494838.1

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IT IS HEREBY STIPULATED AND AGREED, between Plaintiffs Laurie Nadeau,

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Robyn Coffin, and Dagny Magelssen (collectively “Plaintiffs”); and WealthCounsel, LLC and

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Insperity, Inc. (collectively “Defendants”), through their respective counsel of record, that the

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discovery completion date for this matter, which is currently set for November 15, 2018, be

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continued to May 15, 2019. This stipulation is based on the following recital:

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RECITAL

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1.

On September 13, 2017, the Court entered an Order on Joint Stipulation for

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Temporary Stay of Proceeding Pending Mediation (EFC No. 20), which states that the case shall

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be deemed open for purposes of this Court’s Initial Scheduling Order (EFC No. 3) as of

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November 15, 2017;

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2.

Pursuant to the Court’s March 15, 2017 Initial Scheduling Order, discovery is

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required to be completed no later than three hundred sixty-five (365) days from the date the

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federal case was opened, which set a discovery completion date of November 15, 2018;

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3.

The Parties have propounded discovery, some of which resulted in a discovery

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dispute. Despite the Parties’ meet and confer efforts, a discovery motion was filed, which was

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ultimately resolved by the Court. This caused a temporary postponement of discovery,

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specifically depositions, as a resolution of the discovery dispute was needed in order for the

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Parties to take meaningful depositions.

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4.

The Parties have taken a number of depositions. There are currently six more

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depositions that are anticipated to be taken before the discovery cut-off date. However, the

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Parties anticipate additional depositions may be needed—a number of whom will likely be

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located outside of California. Because of the location of deponents and schedules of the

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deponents and counsel, these anticipated depositions will not take place until after November

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15, 2018.

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5.

The Parties further anticipate additional written discovery may be needed relating

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to responses to written discovery and the testimony in upcoming depositions.

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JOINT STIPULATION AND ORDER REGARDING
CONTINUANCE OF DISCOVERY AND CASE DEADLINES
FPDOCS 34494838.1

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6.

Accordingly, the Parties respectfully request the Court continue the discovery

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completion date to May 15, 2019, so as to allow for the completion of depositions and written

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discovery and allow for any follow-up discovery that may be necessitated by the depositions.

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7.

The Parties further respectfully request the Court modify its Initial Scheduling

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Order, ECF No. 3, subject to the Court’s availability, to continue the following deadlines based

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on the continued discovery completion date of May 15, 2019:

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a.

Procedure 26(a)(2) to no later than sixty (60) days after the close of discovery;

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b.

c.

Extend the deadline to file dispositive motions to no later than one

hundred eighty (180) days after the close of non-expert discovery;

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Extend rebuttal expert disclosures in accordance with Federal Rule of

Civil Procedure 26(a)(2) to no later than thirty (30) days after the designation of expert witnesses;

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Extend expert disclosures in accordance with Federal Rule of Civil

d.

Extend the deadline to file Joint Notice of Trial Readiness to no later than

thirty (30) days after receive this Court’s ruling(s) on the last filed dispositive motion(s); and

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e.

Extend the deadline to file Joint Notice of Trial Readiness to no later than

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thirty (30) days after the close of the designation of supplemental expert witnesses if the Parties

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forgo the filing of dispositive motions.

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8.

GOOD CAUSE exists for the stipulated continuance as follows:

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9.

A continuance of the discovery completion date serves the interests of justice

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because the parties have not completed discovery, and continuing the discovery completion date

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will allow sufficient time for the parties to complete depositions and written discovery and

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conduct any follow up discovery.

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JOINT STIPULATION AND ORDER REGARDING
CONTINUANCE OF DISCOVERY AND CASE DEADLINES
FPDOCS 34494838.1

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THEREFORE, the Parties hereby stipulate and agree to extend the aforementioned
discovery deadlines as noted above.

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DATE: September 13, 2018

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CHURCH STATE COUNCIL LLP
By: /s/ Jonathon Cherne
Alan J. Reinach
Jonathon Cherne

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Attorneys for Plaintiffs
LAURIE NADEAU; ROBYN COFFIN; and
DAGNY MAGELSSEN.

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DATE: September 17, 2018

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By:

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/s/ Joseph E. Maloney___________________
Joseph E. Maloney
Attorneys for Plaintiffs
LAURIE NADEAU; ROBYN COFFIN; and
DAGNY MAGELSSEN

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DATE: September 19, 2018

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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IT IS SO ORDERED.

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Dated: September 20, 2018

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JOINT STIPULATION AND ORDER REGARDING
CONTINUANCE OF DISCOVERY AND CASE DEADLINES
FPDOCS 34494838.1