Strong v. AT&T Services, Inc.

Filing 35

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/4/19 ORDERING that Designation of Expert Witnesses due by 3/27/2020. Discovery due by 3/20/2020. Dispositive Motions shall be heard no later than 6/26/2020. (Kaminski, H)

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BRIAN CRONE (State Bar No. 191731)
1104 Corporate Way, Suite 228
Sacramento, California 95831
[e-mail]
Telephone: [phone]
Facsimile: [phone]

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BUCKLEY BEAL LLP
EDWARD D. BUCKLEY (pro hac vice)
[e-mail]
THOMAS J. MEW (pro hac vice)
[e-mail]
600 Peachtree Street NE, Suite 3900
Atlanta, Georgia 30308
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff GLENNA STRONG
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KILPATRICK TOWNSEND & STOCKTON LLP
SUSAN W. PANGBORN (State Bar No. 282533)
[e-mail]
KENDRA C. CHAPMAN (State Bar No. 294030)
[e-mail]
Two Embarcadero Center, Suite 1900
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant AT&T SERVICES, INC.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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GLENNA STRONG,
Plaintiff,

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Case No. 2:18-cv-02489-KJM-DB

v.

STIPULATION AND REQUEST
TO MODIFY SCHEDULING ORDER
FOR GOOD CAUSE AND [FED. R. CIV.
P. 16(b)]

AT&T SERVICES, INC.,
Defendant.

Amended Complaint filed November 7, 2018

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STIPULATION & REQUEST TO MODIFY SCHEDULING ORDER;
ORDER – Case No. 2:18-cv-02489-KJM-DB

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Pursuant to Federal Rule of Civil Procedure Rule 16(b)(4) and Section X of the Status

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(Pretrial Scheduling) Order issued by United States District Judge Kimberly J. Mueller on

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January 29, 2019 (the “Scheduling Order”), Plaintiff Glenna Strong (“Plaintiff”) and Defendant

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AT&T Services, Inc. (“Defendant”) (collectively, the “Parties”), by and through undersigned

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counsel, hereby jointly stipulate and move to modify the Scheduling Order for good cause, as

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follows:

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1.

Plaintiff brought this action on or about September 13, 2018. Plaintiff filed an

Amended Complaint on November 7, 2018.
2.

Pursuant to the Scheduling Order, the cut-off for discovery is September 20, 2019.

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The deadline for the Parties to designate and disclose expert witnesses is September 27, 2019. All

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expert discovery must be completed by November 18, 2019. The deadline for dispositive motions

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is December 20, 2019. No trial date has been set in this matter.

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3.

On November 30, 2018, Defendant filed a Motion to Strike Portions of Plaintiff’s

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Amended Complaint (the “Motion to Strike”) and a Request for Judicial Notice in Support of

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Motion to Strike (the “Request for Judicial Notice”). The Motion to Strike and Request for

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Judicial Notice were heard on January 11, 2019. The Motion to Strike and the Request for

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Judicial Notice are currently pending before this Court.

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4.

Defendant has not yet responded to the Amended Complaint. Defendant intends

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to respond to the Amended Complaint following the Court’s anticipated order(s) on the Motion

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to Strike and Request for Judicial Notice.

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5.

The Parties have scheduled a Voluntary Dispute Resolution Program (“VDRP”)

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session with neutral Carolee Kilduff for July 9, 2019, which was the first date available for the

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neutral and the Parties.

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6.

The Parties are attempting to resolve this matter before incurring the expense of

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discovery and have informally agreed to stay discovery in this matter pending the outcome of the

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scheduled VDRP session on July 9, 2019.

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7.

The requested modification of deadlines in the Scheduling Order is supported by

good cause, will promote judicial economy, and will further the interests of justice because the
STIPULATION & REQUEST TO MODIFY SCHEDULING ORDER;
ORDER – Case No. 2:18-cv-02489-KJM-DB

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modification will ensure that the pleadings are settled before this matter moves forward with

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substantive discovery and will permit the Parties to meaningfully explore whether this matter

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can be resolved without the need to further incur fees and expenses related to the litigation.

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8.

In light of the above, the Parties have met and conferred and agreed to approach

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the Court regarding modifications to the Scheduling Order. The Parties stipulate and propose

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that the Scheduling Order be modified and that the deadlines in the extended by approximately

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six months, as follows:

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a)

Discovery Deadline .................................... Friday, March 20, 2020

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b)

Disclosure of Expert Witnesses .................. Friday, March 27, 2020

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c)

Rebuttal List of Expert Witnesses .............. Friday, April 17, 2020

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d)

Expert Witness Discovery Deadline ........... Monday, May 18, 2020

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e)

Deadline for Motions to be Heard .............. Friday, June 19, 2020

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9.

This is the first extension requested by the Parties for the deadlines reflected in

the Scheduling Order.
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Pursuant to Civil Local Rule 131(e), counsel for Plaintiff has authorized the

submission of this document.

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Dated: June 4, 2019

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Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By:

/s/ Susan W. Pangborn
Susan W. Pangborn

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Attorneys for Defendant AT&T SERVICES, INC.

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Dated: June 4, 2019

BUCKLEY BEAL LLP

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By:

/s/ Thomas Mew (as authorized on 5/29/19)
Thomas Mew (admitted pro hac vice)

Attorneys for Plaintiff GLENNA STRONG

STIPULATION & REQUEST TO MODIFY SCHEDULING ORDER;
ORDER – Case No. 2:18-cv-02489-KJM-DB

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ORDER

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The Court, having considered the Parties’ Stipulation and Request to Modify Scheduling

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Order, and good cause appearing therefore, hereby modifies the Scheduling Order as follows:

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Event
Discovery closes
Expert disclosures
Rebuttal experts list
Expert discovery closes
Last day to hear dispositive
motions

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Current Deadline
September 20, 2019
September 27, 2019
October 18, 2019
November 18, 2019
December 20, 2019

Revised Deadline
March 20, 2020
March 27, 2020
April 17, 2020
May 18, 2020
June 26, 20201

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DATED: June 4, 2019.

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UNITED STATES DISTRICT JUDGE

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The parties requested date, June 19, 2020, is not available on the court’s civil law and motion
calendar.
STIPULATION & REQUEST TO MODIFY SCHEDULING ORDER;
ORDER – Case No. 2:18-cv-02489-KJM-DB

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