Withrow et al v. Jiffy Lube International, Inc. et al

Filing 25

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 4/27/2021 MODIFYING the Scheduling deadlines as follows: Non-Expert Discovery Cutoff to 9/20/2021; Designation of Expert Witnesses Cutoff to 11/20/2021; Supplemental Expert Witnesses Cutoff to 12/20/2021; Dispositive Motions Cutoff to 2/20/2022; Joint Notice of Trial Readiness Cutoff to 3/20/2022; and DENYING Defendants' Motion 23 for an Order Extending Discovery as moot. (Becknal, R)

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DAVID P. MASTAGNI, ESQ (SBN 57721)
GRANT A. WINTER ESQ (SBN 266329)
MASTAGNI HOLSTEDT, A.P.C.
1912 I Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs PATRICK WITHROW
and KATHLEEN WITHROW

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WARREN M. KLEIN, ESQ (SBN 303958)
CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY
A PROFESSIONAL CORPORATION
5860 Owens Drive, Suite 410
Pleasanton, CA 94588
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants
BOVE ENTERPRISES INC.;
JIFFY LUBE INTERNATIONAL, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK WITHROW, an individual; and,
KATHLEEN WITHROW, an individual;
Plaintiffs,
v.

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Case No. 2:19-cv-00478-MCE-EFB
STIPULATION AND ORDER TO
CONTINUE ALL DEADLINES SET
FORTH IN TRIAL SCHEDULING
ORDER

JIFFY LUBE INTERNATIONAL, INC.;
BOVE ENTERPRISES, INC.; and, DOES 1
through 100 inclusive,
Defendants.

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Plaintiffs PATRICK WITHROW and KATHLEEN WITHROW and Defendants JIFFY

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LUBE INTERNATIONAL, INC. [hereinafter “JIFFY LUBE”], and BOVE ENTERPRISES, INC.

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(hereinafter “BOVE”), hereby stipulate to the following:

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On January 28, 2021, the Court issued an order extending the discovery deadlines in this

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matter because of difficulties the parties have experienced in securing full discovery during the

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COVID-19 pandemic. Since the January 2021 order, the circumstances concerning the Coronavirus

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have not appreciably changed to permit discovery. Many percipient witnesses to the matters
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STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR CUTOFF OF NON-EXPERT DISCOVERY

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alleged in this case reside in Arizona and as a result of travel restrictions, “social distancing

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requirements,” and other Coronavirus related impediments, the parties have still not been able to

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conduct the depositions. Delays have also arisen because the attorney previously handling this

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matter for the defendants left the firm abruptly, and the successor attorneys assigned to the case are

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still pending admission in the Eastern District.

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The parties stipulate that good cause exists to continue the non-expert discovery cutoff

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dates, and all subsequent cutoff dates, because of the extended delay in scheduling and

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completing depositions set to take place in Arizona. Plaintiffs noticed numerous depositions of

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witnesses in Phoenix, Arizona; however, the depositions have had to be continued because of the

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witnesses’ unavailability and complications arising from the Coronavirus pandemic. Scheduling

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issues have delayed some of the discovery already completed due to the unavailability of counsel,

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witnesses, and parties. The prior attorney assigned to this matter has disassociated from the

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Clapp Moroney firm, and replacement counsel are still becoming familiar with the facts and

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issues presented by the plaintiff’s claims. The parties anticipate that scheduling issues amongst

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the parties and witnesses along with complications due to the Coronavirus pandemic will

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necessitate more time to complete fact discovery. Therefore, the parties hereby stipulate that,

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provided the Court grants its consent, the deadline for the non-expert discovery cutoff, and all

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subsequent cutoff dates, shall be continued in order to give the parties time to complete any

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written discovery and the depositions of witnesses in California and Arizona.

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The parties have also stipulated that they will participate in a mediation and are presently

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in the process of choosing a mutually acceptable mediator. The requested extension of the

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discovery cut-off will serve to facilitate the parties’ efforts to mediate their disputes as well.

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, BY AND THROUGH

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THEIR ATTORNEYS OF RECORD, that the non-expert discovery cutoff date, and all subsequent

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cutoff dates, set forth in the Court’s Scheduling Conference Order of January 28, 2021, shall be

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modified as follows (modified dates are in bold):

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Non-Expert Discovery Cutoff:

Originally March 16, 2020, continued
to April 20, 2021
To September 20, 2021

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STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR CUTOFF OF NON-EXPERT DISCOVERY

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Designation of Expert Witnesses Cutoff:

Originally May 15, 2020, continued
to July 20, 2021
To November 20, 2021

Supplemental Expert Witnesses Cutoff:

Originally June 14, 2020, continued to
August 20, 2021
To December 20, 2021

Dispositive Motions Cutoff:

Originally September 12, 2020,
continued to November 20, 2021
To February 20, 2022

Joint Notice of Trial Readiness Cutoff:

Continued from December 20, 2021
To March 20, 2022

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IT IS SO STIPULATED between the parties, and the parties respectfully request that the Court

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reduce this stipulation and the modified scheduling deadlines to an Order.

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Dated: April 20, 2021

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CLAPP, MORONEY, VUCINICH,
BEEMAN+SCHELEY

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By: ________/s/____________
Warren M. Klein
Attorneys for Defendants BOVE ENTERPRISES
INC. DBA JIFFY LUBE

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Dated: April 20, 2021

MASTAGNI HOLSTEDT, A.P.C.

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By: __________/s/_________
Grant A. Winter
Attorneys for Plaintiffs PATRICK WITHROW
and KATHLEEN WITHROW

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STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR CUTOFF OF NON-EXPERT DISCOVERY

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ORDER
Having considered the parties’ stipulated joint request to continue the deadline for the
cutoff of non-expert discovery, and all subsequent cutoff dates, the Court finds good cause for the
continuance.
It is ordered that the scheduling deadlines for this case be modified as follows:
Non-Expert Discovery Cutoff:

Continued from April 20, 2021
To September 20, 2021

Designation of Expert Witnesses Cutoff:

Continued from July 20, 2021
To November 20, 2021

Supplemental Expert Witnesses Cutoff:

Continued from August 20, 2021
To December 20, 2021

Dispositive Motions Cutoff:

Continued from November 20, 2021
To February 20, 2022

Joint Notice of Trial Readiness Cutoff:

Continued from December 20, 2021
To March 20, 2022

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Given the issuance of this Order, Defendants’ Motion for an Order Extending Discovery

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Cutoff (ECF No. 23) is DENIED as moot.
IT IS SO ORDERED.
Dated: April 27, 2021

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STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR CUTOFF OF NON-EXPERT DISCOVERY