Bunio v. Victory Packaging, L.P.

Filing 13

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/17/19 MODIFYING Discovery deadlines and all other dates in the Pretrial Scheduling Order as follows: Non-expert discovery cut-off - 7/30/19; Deadline to designate expert witnesses - 10/1/19; Designate rebuttal expert witnesses - 10/15/19; and Last day to hear dispositive motions - 10/18/19. (Becknal, R)

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Rachel Renno, CA Bar No. 272558
[e-mail]
FOOS GAVIN LAW FIRM, P.C.
3947 Lennane Drive, Suite 120
Sacramento, CA 95834
Telephone: [phone]
Facsimile:
916-779-3508

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Attorney for Plaintiff VINCE BUNIO

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Lara C. de Leon, CA Bar No. 270252
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
695 Park Tower, Fifteenth Floor
695 Town Center Drive
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile:
714-754-1298

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Paul M. Smith CA Bar No. 306644
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
500 Capitol Mall
Suite 2500
Sacramento, CA 95814
Telephone: [phone]
Facsimile:
916-840-3159
Attorneys for Defendant VICTORY
PACKAGING, L.P.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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21 VINCE BUNIO

Case No. 2:18-cv-00897-KJM-EFB

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JOINT STIPULATION TO CONTINUE
DISCOVERY AND RELATED MOTION
DEADLINES AND ORDER

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Plaintiff,
v.

24 VICTORY PACKAGING, L.P.
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Defendant.

Complaint Filed: January 30, 2018
Trial Date:
None Set
Judge:
Hon. Kimberly J. Mueller

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Bun.0897.Sched.LF
.k.docx

Case No. 2:18-cv-00897-KJM-EFB
JOINT STIPULATION TO CONTINUE DISCOVERY AND RELATED MOTION DEADLINES

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GROUNDS FOR RELIEF
Pursuant to Rule 16, a party may seek modification of a scheduling order, including

3 modification of a discovery cut-off date, “only for good cause and with a judge’s consent.” Fed. R.
4 Civ. P. 16(b)(4). A party may establish good cause by showing: (1) they he was diligent in
5 assisting the court in creating a workable Rule 16 order; (2) that his noncompliance with a Rule 16
6 deadline occurred or will occur, notwithstanding his diligent efforts to comply, because of the
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development of a matter which could not have been reasonably foreseen or anticipated at the time

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of the Rule 16 scheduling conference; and (3) that he was diligent in seeking amendment of the

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Rule 16 order, once it became apparent that he could not comply with the order. Hood v. Hartford

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Life & Accident Ins. Co., 567 F.Supp.2d 1221, 1224 (E.D. Cal. 2008).
Plaintiff VINCE BUNIO (“Plaintiff”) and Defendant VICTORY PACKAGING, L.P.

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(“Defendant”) (“Plaintiff and Defendant are jointly referred to herein as the “Parties,”), by and

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through their undersigned counsel of record, hereby jointly stipulate as follows:

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WHEREAS the Parties have diligently conducted discovery in the instant, including by
propounding written discovery and taking the deposition of Plaintiff; and
WHEREAS the Parties experienced unexpected delays in the completion of written

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discovery due to the sudden departure of Sean Gavin as Counsel for Plaintiff and substitution of

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Rachel Renno for same on or about January 24, 2019 (ECF No. 11); and

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WHEREAS the Parties were unable to resolve their dispute at the April 2, 2019 Mediation
pursuant to the Court’s Voluntary Dispute Resolution Program (“VDRP”); and

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WHEREAS good cause exists to provide for the brief continuation of discovery and

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motion-related deadlines to enable the parties to more thoroughly explore the facts and evidence in

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this matter and potential resolution before trial.

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Bun.0897.Sched.LF
.k.docx

NOW THEREFORE, the Parties, by and through their undersigned respective counsel of
record, do HEREBY AGREE AND STIPULATE AND REQUEST APPROVAL of the following:
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That the Non-Expert Discovery Cut-off, currently set for May 31, 2019, be

continued for sixty (60) calendar days to July 30, 2019; and
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That the deadline to designate expert witnesses, currently set for August 2, 2019, be

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Case No. 2:18-cv-00897-KJM-EFB
JOINT STIPULATION TO CONTINUE DISCOVERY AND RELATED MOTION DEADLINES AND ORDER

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continued for sixty (60) calendar days to October 1, 2019;
3.

That the deadline to designate rebuttal expert witnesses, currently set for August 16,

3 2019, be continued for sixty (60) calendar days to October 15, 2019;
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That the Expert-Discovery Cut-Off, currently set for September 16, 2019, be

continued for sixty (60) calendar days to November 15, 2019; and
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That the deadline to hear dispositive motions, currently set for August 9, 2019, be

continued for sixty (60) calendar days to October 8, 2019.

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SO STIPULATED.

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DATED: April 30, 2019

FOOS GAVIN LAW FIRM, P.C.

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By: /s/ Rachel Renno
Rachel Renno
Attorneys for Plaintiff
VINCE BUNIO

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18 DATED: April 30, 2019
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Paul M. Smith
Lara C. de Leon
Paul M. Smith
Attorneys for Defendant VICTORY
PACKAGING, L.P.

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Bun.0897.Sched.LF
.k.docx

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Case No. 2:18-cv-00897-KJM-EFB
JOINT STIPULATION TO CONTINUE DISCOVERY AND RELATED MOTION DEADLINES AND ORDER

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ATTESTATION

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Concurrence in the filing of this document has been obtained from each of the individuals
whose electronic signature is attributed above.

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DATED: April 30, 2019

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Paul M. Smith
Lara C. de Leon
Paul M. Smith
Attorneys for Defendant VICTORY
PACKAGING, L.P.

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ORDER
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Good cause appearing, the court modifies to pretrial scheduling order to extend
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discovery deadlines and all other dates in the Pretrial Scheduling Order as follows:
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Event
Non-expert discovery
cut-off
Deadline to designate
expert witnesses
Designate rebuttal expert
witnesses
Last day to hear
dispositive motions

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Current Deadline

Modified Deadline

May 31, 2019

July 30, 2019

August 2, 2019

October 1, 2019

August 16, 2019

October 15, 2019

August 9, 2019

October 18, 20191

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IT IS SO ORDERED.

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DATED: May 17, 2019.
UNITED STATES DISTRICT JUDGE

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Bun.0897.Sched.LF
.k.docx

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The parties requested a 60-day extension to October 8, 2019, which is not an available law and
motion calendar date. October 18, 2019 is the next available law and motion calendar date.
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Case No. 2:18-cv-00897-KJM-EFB
JOINT STIPULATION TO CONTINUE DISCOVERY AND RELATED MOTION DEADLINES AND ORDER