Weaver v. Bimbo Bakeries, USA, Inc.

Filing 26

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 01/16/19 EXTENDING Discovery deadline to 5/9/2019. (Benson, A.)

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R. PARKER WHITE (SB# 95579)
POSWALL, WHITE & BRELSFORD
1001 G Street, Suite 301
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
RONALD WEAVER

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ELIZABETH A. BROWN (SB# 235429)
CLAIRE A. HOFFMANN (SB# 292584)
[e-mail]
[e-mail]
GBG LLP
633 West 5th Street, Suite 3330
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
BIMBO BAKERIES USA, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD WEAVER,

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Plaintiff,
vs.
BIMBO BAKERIES, USA, INC., an Ohio
corporation, and DOES 1 through 30, inclusive,

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STIPULATION AND ORDER TO
EXTEND DEADLINE TO COMPELTE
DISCOVERY
Dept.:
Judge:

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Hon. Morrison C. England, Jr.

Defendants.

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Case No. 2:18-CV-00303-MCE-EFB

By and through their respective attorneys of record, Plaintiff Ronald Weaver (“Plaintiff”)
and Defendant Bimbo Bakeries USA (“Defendant”) (collectively, “the Parties”) stipulate and
agree as follows:
WHEREAS Plaintiff filed the present action in the Superior Court of California, County
of Sacramento, on December 27, 2017.

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Case No. 2:18-CV-00303-MCE-EFB
88668769.1

STIPULATION AND ORDER TO EXTEND
DEADLINE TO COMPLETE DISCOVERY

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WHEREAS Plaintiff served his complaint on January 10, 2018, and Defendant removed

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the action to the United States District Court for the Eastern District of California on February 8,

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2018 (Dkt. 1);

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WHEREAS on February 14, 2018, Defendant filed a Motion to Dismiss Plaintiff’s
Complaint with Prejudice (Dkts. 8 through 9-1);
WHEREAS on April 24, 2018, the Court granted Defendant’s Motion to Dismiss with
leave to amend (Dkt. 14);
WHEREAS on June 7, 2018, Plaintiff filed his Amended Complaint for Damages (Dkt.
15) and on June 21, 2018, the Parties entered into a Stipulation allowing Plaintiff to file a Second
Amended Complaint (Dkt. 16);
WHEREAS on June 26, 2018, Plaintiff filed his Second Amended Complaint for
Damages (Dkt. 17);
WHEREAS on July 10, 2018, Defendant filed a Motion to Dismiss Plaintiff’s Second

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Amended Complaint with Prejudice (“Motion to Dismiss”) and set a hearing date of August 23,

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2018 (Dkts. 18 through 20);

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WHEREAS on July 10, 2018, the Court issued a Minute Order that the August 23, 2018
hearing is vacated and the motion is submitted without appearance and argument (Dkt. 21);
WHEREAS on July 20, 2018, Plaintiff filed his opposition to Defendant’s Motion to

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Dismiss (Dkt. 22) and Defendant filed its Reply Memorandum in Support of its Motion to

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Dismiss (Dkt. 23);

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WHEREAS as of the date of this Stipulation, the Court has not entered a ruling on
Defendant’s Motion to Dismiss;
WHEREAS the Parties agree that the deadline to complete discovery should be extended

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by 90 days– i.e., to May 9, 2019 – to allow the Court to rule on Defendant’s Motion to Dismiss

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and provide the Parties sufficient time to conduct discovery if necessary; and

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WHEREAS the Parties make this request for a deadline extension in the interests of

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judicial economy, and to otherwise avoid the unreasonable consumption of the Court’s and the

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Parties’ time to ensure that the Parties are not forced to conduct discovery in a case that is
Case No. 2:18-CV-00303-MCE-EFB
-1STIPULATION AND ORDER TO EXTEND
DEADLINE TO COMPLETE DISCOVERY
88668769.1

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dismissed or, alternatively, conduct discovery with the status of the operative pleadings uncertain.

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THEREFORE, the Parties stipulate and agree that the deadline to complete discovery shall

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be extended up to and including May 9, 2019.

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DATED: January __, 2019

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BY:

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R. PARKER WHITE

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POSWALL, WHITE & BRELSFORD

Attorneys for Plaintiff
RONALD WEAVER
The undersigned attests that the signatory listed above concurs in the content of this
document and has authorized its filing.
DATED: January 9, 2019

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GBG LLP

BY:

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/s/ Elizabeth A. Brown
ELIZABETH A. BROWN

Attorneys for Defendant
BIMBO BAKERIES USA, INC.

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ORDER
IT IS SO ORDERED.
Dated: January 16, 2019

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Case No. 2:18-CV-00303-MCE-EFB
88668769.1

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STIPULATION AND ORDER TO EXTEND
DEADLINE TO COMPLETE DISCOVERY