Mejia v. Farmland Mutual Insurance Company et al

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/17/17: The November 30, 2017 discovery deadline, the December 28, 2017 expert witness disclosure deadline, and the February 22, 2018 filing deadline for a motion for class certif ication is vacated. If the Court denies Defendants' motion to dismiss and strike class allegations, the Parties shall meet and confer and submit new proposed deadlines for discovery, expert witness disclosures, and certification motion filing within 14 days thereafter for the Court's consideration. (Kaminski, H) Modified on 8/17/2017 (Kaminski, H).

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1 2 3 4 5 6 7 Galen T. Shimoda (Cal. State Bar No. 226752) Justin P. Rodriguez (Cal. State Bar No. 278275) Shimoda Law Corp. 9401 East Stockton Blvd., Suite 200 Elk Grove, CA 95624 Telephone: (916) 525-0716 Facsimile: (916) 760-3733 Email: attorney@shimodalaw.com jrodriguez@shimodalaw.com Attorneys for Plaintiff SCARLETTE MEJIA on behalf of herself and similarly situated employees 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 SCARLETTE MEJIA, as an individual and on ) ) behalf of all others similarly situated, ) ) Plaintiffs, ) ) ) vs. ) ) FARMLAND MUTUAL INSURANCE ) COMPANY, an Iowa corporation; ) FARMLAND MUTUAL INSURANCE CO, ) an unincorporated association; NATIONWIDE) ) MUTUAL INSURANCE COMPANY, an ) Ohio corporation; and DOES 1 to 100, ) inclusive, ) ) ) ) Defendants. ) Case No. 2:17-CV-00570-TLN-KJN CLASS ACTION STIPULATION AND ORDER REGARDING PRETRIAL SCHEDULING ORDER 22 23 This Stipulation and proposed Order is entered into between Plaintiff SCARLETTE MEJIA 24 (“Plaintiff”) and Defendants FARMLAND MUTUAL INSURANCE COMPANY, which was sued by 25 its correct name and also as FARMLAND MUTUAL INSURANCE CO, and NATIONWIDE 26 MUTUAL INSURANCE COMPANY (Hereinafter referred to as “Defendants”) (Plaintiff and 27 Defendants all collectively, the “Parties”), by and through their counsel of record, as follows: 28 STIPULATION AND ORDER RE PRETRIAL SCHEDULING ORDER Case No.: 2:17-cv-0570 1 WHEREAS the Court issued a Pretrial Scheduling Order on May 19, 2017 [Dkt. No. 6] setting 2 certain deadlines, including a factual discovery deadline of November 30, 2017, an expert witness 3 disclosure deadline of December 28, 2017, and a filing deadline for Plaintiff’s motion for class 4 certification of February 22, 2018; 5 WHEREAS Plaintiff filed a First Amended Complaint in this matter on May 30, 2017; 6 WHEREAS Plaintiff served Requests for Admission, Set One, Special Interrogatories, Set One, 7 8 9 10 11 12 and Request for Production of Documents, Set One on Defendants on June 9, 2017; WHEREAS Defendants filed a motion to dismiss Plaintiff’s claims and strike class allegations on June 29, 2017; WHEREAS Defendants served responses to Plaintiff’s discovery requests on July 27, 2017 after receiving a 30 day extension of time to respond to said discovery from Plaintiff’s counsel; WHEREAS, although Plaintiff believes the discovery responses are deficient and intends to meet 13 and confer and file a motion to compel further responses, the Parties have agreed, in good faith, to defer 14 this litigation effort and expense pending the Court’s resolution of Defendants’ motion to dismiss and 15 strike class allegations, which may obviate the need to engage discovery motion practice; and 16 WHEREAS, to avoid any prejudice by delaying further meet and confer discussions and filing 17 discovery motions, the Parties have agreed to request the Court to vacate the fact discovery, expert 18 disclosure and certification motion filing deadlines currently set in the Courts May 19, 2017 Pretrial 19 Scheduling Order [Dkt. No. 6]; 20 21 22 IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to the approval of the Court, as follows: 1. The November 30, 2017 discovery deadline, the December 28, 2017 expert witness 23 disclosure deadline, and the February 22, 2018 filing deadline for a motion for class certification shall be 24 vacated; 25 2. That, if the Court denies Defendants’ motion to dismiss and strike class allegations, the 26 Parties shall meet and confer and submit new proposed deadlines for discovery, expert witness 27 disclosures, and certification motion filing within 14 days thereafter for the Court’s consideration; 28 STIPULATION AND ORDER RE PRETRIAL SCHEDULING ORDER Case No.: 2:17-cv-0570 1 2 3. The Court’s May 19, 2017 Pretrial Scheduling Order [Dkt. No. 6] shall remain in effect in all other respects. LITTLER MENDELSON, P.C. 3 4 5 DATED: August 16, 2017 By: 6 7 8 /s/ Britney Torres Barbara A. Blackburn Britney N. Torres (As authorized on August 16, 2017) Attorneys for Defendants SHIMODA LAW CORP. 9 10 DATED: August 16, 2017 11 By: /s/ Justin P. Rodriguez Galen T. Shimoda Justin P. Rodriguez Counsel for Plaintiff 12 ORDER 13 14 15 16 The COURT, having considered the above stipulation, HEREBY ORDERS that: 1. The November 30, 2017 discovery deadline, the December 28, 2017 expert witness disclosure deadline, and the February 22, 2018 filing deadline for a motion for class certification is vacated; 17 2. If the Court denies Defendants’ motion to dismiss and strike class allegations, the Parties shall 18 meet and confer and submit new proposed deadlines for discovery, expert witness disclosures, 19 and certification motion filing within 14 days thereafter for the Court’s consideration; 20 21 22 3. The Court’s May 19, 2017 Pretrial Scheduling Order [Dkt. No. 6] shall remain in effect in all other respects. FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 23 24 25 26 DATED: August 17, 2017 Troy L. Nunley United States District Judge 27 28 STIPULATION AND ORDER RE PRETRIAL SCHEDULING ORDER Case No.: 2:17-cv-0570

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