Gavin v. AT&T Services Inc., et al.,

Filing 21

STIPULATION and ORDER signed by District Judge John A. Mendez on 7/28/22 ORDERING that Designation of Expert Witnesses due by 9/30/2022. Discovery due by 11/30/2022. Dispositive Motions filed by 12/9/2022. Final Pretrial Conference RESET for 3/31/2023 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial RESET for 5/15/2023 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kaminski, H)

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ELIZABETH M. PECK (SBN 277794)
KEVIN SCHWIN, Of-Counsel (SBN 262595)
MYTHILY SIVARAJAH (SBN 252494)
PECK-LAW, Employment & Civil Rights
1010 Fair Ave., Ste. H
Santa Cruz, CA 95060
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
NARAK MIRZAIE (SBN 311508)
M LAW ATTORNEYS, APC
680 East Colorado Blvd, Suite 180
Pasadena, CA 91101
Tel: [phone]
[e-mail]
Attorneys for Plaintiff VICTOR GAVIN
Jamie Rudman (SBN 166727)
[e-mail]
Patricia Arias Musitano (SBN 197662)
[e-mail]

SANCHEZ & AMADOR, LLP

800 S. Figueroa Street, Suite 1120
Los Angeles, California 90017
[phone] Tel
[phone] Fax
Attorneys for Pacific Bell Telephone Company,
erroneously sued as AT&T Services, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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VICTOR GAVIN, an individual;
Plaintiff,
v.
AT&T SERVICES, Inc., an unknown
business entity; DIANE MATAYOSHI, an
individual; and DOES 1 through 100,
inclusive;

Case No. 2:20-cv-02246-JAM-AC (Assigned
to Hon. John A. Mendez; Magistrate Judge
Allison Claire)
AMENDED STIPULATED REQUEST
FOR ORDER MODIFYING PRETRIAL
SCHEDULING ORDER; ORDER
Complaint Filed: October 2, 2020
Removal Date: November 9, 2020
Trial Date: April 10, 2023

Defendants.

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-1AMENDED STIPULATED REQUEST FOR ORDER MODIFYING PRETRIAL SCHEDULING ORDER;
ORDER - Case No. 2:20-cv-02246-JAM-AC

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Plaintiff VICTOR GAVIN, and Defendant PACIFIC BELL TELEPHONE COMPANY,

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erroneously sued as AT&T Services, Inc., by and through their counsel, hereby respectfully

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move for an Order modifying the Pretrial Scheduling Order (ECF 12) to extend the expert and

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fact discovery and dispositive motion filing and service deadlines:

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WHEREAS, on March 10, 2021 the Court issued a Pretrial Scheduling Order (ECF 12);

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WHEREAS, the Court’s Pretrial Scheduling Order requires the parties to complete

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discovery by September 30, 2022;
WHEREAS, Plaintiff’s counsel and Plaintiff’s co-counsels in other matters have been
riddled with illnesses, including COVID-19, that have required extending the deadlines in those

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matters and therefore have sidelined Plaintiff’s counsel’s ability to attend to the discovery in

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this matter. Kevin Schwinn and Mythily Sivarajah both recently had COVID-19, which

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subsequently required continuances on several other matters. Currently, Elizabeth Peck is

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avoiding close contact with others as a result of her exposure to a household member having

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COVID-19;

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WHEREAS, Plaintiff’s counsel Elizabeth Peck and Mythily Sivarajah have conflicts in
the next month including a trial in another matter slated to begin on August 8, 2022;

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WHEREAS, the parties have commenced potential settlement resolution discussions;

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WHEREAS, there has not been any prior requests to change the Pretrial Scheduling

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Order in this matter, and the parties do not anticipate the need for any change in any other

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scheduling; and,

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WHEREAS, the parties stipulate that there is good cause to extend the expert and fact

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discovery, dispositive motion filing and service deadlines as well as the dispositive motion,

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pretrial conference and trial dates set forth in the Court’s existing scheduling order, and

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corresponding briefing schedule.

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NOW THEREFORE, the parties hereby agree and respectfully request that the Court
order as follows:
The deadline for expert witness disclosures to be completed should be extended from
July 29, 2022 to September 30, 2022.
-2AMENDED STIPULATED REQUEST FOR ORDER MODIFYING PRETRIAL SCHEDULING ORDER;
ORDER - Case No. 2:20-cv-02246-JAM-AC

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The deadline for supplemental and rebuttal expert witness disclosures to be completed
should be extended from August 12, 2022 to October 14, 2022.
The deadline to file a brief joint mid-litigation statement should be extended from
September 16, 2022 to no sooner than November 16, 2022.
The deadline for fact discovery to be completed should be extended from September 30,
2022 to no sooner than November 30, 2022.
The deadline to file and serve dispositive motions should be extended from November
11, 2022 to no sooner than December 9, 2022.
The hearing for dispositive motions should be continued from January 10, 2023 to no
sooner than February 14, 2023.
The final pretrial conference should be continued from February 24, 2023 to no sooner
than March 31, 2023.
The trial date should be continued from April 10, 2023 to no sooner than May 15, 2023.

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Date: July 28, 2022

PECK-LAW, Employment & Civil Rights
By:
_____/s/ Mythily Sivarajah___ ___
Elizabeth M. Peck
Kevin Schwin, Of-Counsel
Mythily Sivarajah
Co-Counsel for Plaintiff
Victor Gavin

Date: July 27, 2022

M LAW ATTORNEYS, APC
By:
_/s/ Narak Mirzaie (as authorized on 7/27/2022)
Narak Mirzaie
Co-Counsel for Plaintiff
Victor Gavin

Date: July 28, 2022

SANCHEZ & AMADOR, LLP
By:
_/s/ Patricia Muitano (as authorized on 7/28/2022)
Jamie Rudman
Patricia Arias Musitano
Attorneys for Defendant
Pacific Bell Telephone Company,
erroneously sued as AT&T Services, Inc .

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-3AMENDED STIPULATED REQUEST FOR ORDER MODIFYING PRETRIAL SCHEDULING ORDER;
ORDER - Case No. 2:20-cv-02246-JAM-AC

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ORDER

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Pursuant to stipulation, and good cause appearing, IT IS HEREBY ORDERED THAT:

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The deadline for expert witness disclosures to be completed is extended from July 29,

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2022 to September 30, 2022.
The deadline for supplemental and rebuttal expert witness disclosures to be completed is
extended from August 12, 2022 to October 14, 2022.
The deadline to file a brief joint mid-litigation statement is extended from September 16,
2022 to November 16, 2022.
The deadline for fact discovery to be completed is extended from September 30, 2022 to
November 30, 2022.
The deadline to file and serve dispositive motions is extended from November 11, 2022
to December 9, 2022.
The hearing for dispositive motions should be continued from January 10, 2023 to
February 14, 2023 at 1:30 p.m.
The final pretrial conference should be continued from February 24, 2023 to March 31,
2023 at 11:00 a.m.

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The trial date should be continued from April 10, 2023 to May 15, 2023 at 9:00 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: July 28, 2022

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
SENIOR UNITED STATES DISTRICT JUDGE

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-4AMENDED STIPULATED REQUEST FOR ORDER MODIFYING PRETRIAL SCHEDULING ORDER;
ORDER - Case No. 2:20-cv-02246-JAM-AC