Marshall et al v. PHI Air Medical, LLC et al

Filing 13

ORDER signed by Senior Judge Morrison C. England, Jr. on 2/18/2021 ORDERING #12 Deadline to complete Rule 26(f) conference by 8/11/2021. Discovery except for expert discovery due by 6/19/2022. First Expert Disclosure due by 8/17/2022. Second Expert Disclosure due by 9/17/2022. Joint Notice of trial readiness by 10/17/2022, and Dispositive Motions filed by 12/13/2022. (Reader, L)

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James C. Fessenden (SBN 238663)
E-Mail: [e-mail]
Kathryn M. Evans (SBN 323190)
E-Mail: [e-mail]
FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000
San Diego, California 92121
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
PHI Health, LLC (erroneously sued as
PHI Air Medical, LLC and PHI Health,
LLC)

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[Plaintiffs’ Counsel Continued on Next Page]
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACQUELINE MARSHALL,
LANCE PHILLIPS, KRISTEN
KNOWLES, CHRIS ANDERSON,
KAYVAN MARSHALL, KANE
EDWARDS, JORDAN MOSER,
KYLE EVANS, JENNA DIAZ,
TERRI MAURICIO, ERIK
RUBALCAVA, JOANN LEE,
TEISLEYE SMITH, JOSEPH
LOEHNER, LAUREN YOUNG,
KELLI ROSSETTO-SCHRADER,
BRITNEY EWERS, TRACIE
STIERS, MARISSA JOHANSON,
HEATHER IMHOF, CAROLE
COVEY, OLSA HAHN,
STEPHANIE SWISHER, JOHN
SICKMAN, LAUREN SCHINDLER
AND MARK HARMON, individuals,
on behalf of themselves and on behalf
of themselves and on behalf of all
persons similarly situated,

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CASE NO.: 2:20-cv-02475-MCE-DMC
[Previously assigned to Lassen County
Superior Court, Case No. 62973]
JOINT STIPULATION AND ORDER
TO MODIFY PRE-TRIAL
SCHEDULING ORDER
State Complaint Filed: October 1, 2020
Removal Filed:
December 14, 2020
Trial Date:
Not Set

Plaintiffs,
v.
PHI AIR MEDICAL, LLC, a Limited
Liability Company; PHI HEALTH,
LLC, a Limited Liability Company;
and Does 1 through 50, Inclusive,
Defendants.
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Case No.: 2:20-cv-02475-MCE-DMC

JOINT STIP AND ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER

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Norman B. Blumenthal (SBN 068687)
E-Mail: [e-mail]
Kyle R. Nordrehaug (SBN 205975)
E-Mail: [e-mail]
Nicholas J. De Blouw (SBN 280922)
E-Mail: [e-mail]
Victoria B. Rivapalacio (SBN 275115)
E-Mail: [e-mail]
Piya Mukherjee (SBN 274217)
E-Mail: [e-mail]
Charlotte E. James (SBN 308441)
E-Mail: [e-mail]
Aparajit Bhowmil (SBN 248066)
E-Mail: [e-mail]
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
2255 Calle Clara
La Jolla, CA 92037
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
Jacqueline Marshall, Lance Phillips, Kristen
Knowles, Chris Anderson, Kayvan Marshall,
Kane Edwards, Jordan Moser, Kyle Evans,
Jenna Diaz, Terri Mauricio, Erik Rubalcava,
Joann Lee, Teisleye Smith, Joseph Loehner,
Lauren Young, Kelli Rossetto-Schrader,
Britney Ewers, Tracie Stiers, Marissa
Johanson, Heather Imhof, Carole Covey,
Olsa Hahn, Stephanie Swisher, John
Sickman, Lauren Schindler and Mark
Harmon

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Case No.: 2:20-cv-02475-MCE-DMC

JOINT STIP AND ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER

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IT IS HEREBY STIPULATED AND AGREED, between the parties
through their counsel of record as follows:

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WHEREAS, on December 15, 2020 this Court entered an Initial Pre-Trial

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Scheduling Order outlining the deadlines for discovery, motion practice, and trial

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readiness. ECF No. 3.

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WHEREAS, the parties recently agreed to pursue mediation with Mark
Rudy, which is currently scheduled for July 27, 2021.
WHEREAS, the parties wish to conserve resources for settlement by
postponing further formal discovery pending the results of mediation.

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Federal Rule of Civil Procedure 16(b)(4) allows that a case management

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schedule “may be modified only for good cause and with the judge’s consent.” See

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992). Similar

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requests to amend a scheduling order to allow for mediation have been approved

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in this District. See, e.g., Brisbin v. Calmat Co., No. 1:11-CV-00568-AWI, 2013

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WL 3322698, at *1 (E.D. Cal. July 1, 2013).

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Good cause having been shown, the parties respectfully request that the

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Court modify its Pre-Trial Scheduling Order, ECF No. 3, subject to the Court’s

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availability, to continue the following deadlines by 180 days to allow the parties to

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complete discovery and motion practice in a timely manner, pending the results of

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mediation:

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Event
Deadline to complete
Rule 26(f) conference
Deadline to complete
all discovery, except
for expert discovery
First expert disclosure
deadline
Second expert
disclosure deadline

Original Deadline
February 12, 2021

Requested Deadline
August 11, 2021

December 21, 2021

June 19, 2022

February 18, 2022

August 17, 2022

March 21, 2022

September 17, 2022

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Case No.: 2:20-cv-02475-MCE-DMC

JOINT STIP AND ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER

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Deadline to file joint
April 20, 2022
notice of trial readiness
(if dispositive motions
are not heard)
Deadline to file all
June 16, 2022
dispositive motions

October 17, 2022

December 13, 2022

IT IS SO STIPULATED.

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Dated: February 11, 2021

Respectfully submitted,

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FISHER & PHILLIPS LLP

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By: lsl Kathryn M. Evans
James C. Fessenden
Kathryn M. Evans
Attorneys for Defendant
PHI Health, LLC (erroneously sued as
PHI Air Medical, LLC and PHI
Health, LLC)

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BLUMENTHAL NORDREHAUG
BHOWMIK DE BLOUW LLP

Dated: February 11, 2021

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By: lsl Piya Mukherjee
Norman B. Blumenthal
Kyle R. Nordrehaug
Nicholas J. De Blouw
Victoria B. Rivapalacio
Piya Mukherjee
Charlotte E. James
Aparajit Bhowmil
Attorneys for Plaintiffs
Jacqueline Marshall, Lance Phillips,
Kristen Knowles, Chris Anderson,
Kayvan Marshall, Kane Edwards,
Jordan Moser, Kyle Evans, Jenna Diaz,
Terri Mauricio, Erik Rubalcava, Joann
Lee, Teisleye Smith, Joseph Loehner,
Lauren Young, Kelli RossettoSchrader, Britney Ewers, Tracie Stiers,
Marissa Johanson, Heather Imhof,
Carole Covey, Olsa Hahn, Stephanie
Swisher, John Sickman, Lauren
Schindler and Mark Harmon
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Case No.: 2:20-cv-02475-MCE-DMC

JOINT STIP AND ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER

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ATTESTATION REGARDING ELECTRONIC SIGNATURES

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I, Kathryn M. Evans, attest that all other signatories to this document, on whose behalf

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this filing is submitted, concur in the filing’s content and have authorized this filing. I declare

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under penalty of perjury, under the laws of the United States of America and the State of

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California, that the foregoing is true and correct.

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Kathryn M. Evans

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Case No.: 2:20-cv-02475-MCE-DMC

JOINT STIP AND ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACQUELINE MARSHALL,
LANCE PHILLIPS, KRISTEN
KNOWLES, CHRIS ANDERSON,
KAYVAN MARSHALL, KANE
EDWARDS, JORDAN MOSER,
KYLE EVANS, JENNA DIAZ,
TERRI MAURICIO, ERIK
RUBALCAVA, JOANN LEE,
TEISLEYE SMITH, JOSEPH
LOEHNER, LAUREN YOUNG,
KELLI ROSSETTO-SCHRADER,
BRITNEY EWERS, TRACIE
STIERS, MARISSA JOHANSON,
HEATHER IMHOF, CAROLE
COVEY, OLSA HAHN,
STEPHANIE SWISHER, JOHN
SICKMAN, LAUREN SCHINDLER
AND MARK HARMON, individuals,
on behalf of themselves and on behalf
of themselves and on behalf of all
persons similarly situated,

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[Previously assigned to Lassen County
Superior Court, Case No. 62973]
ORDER TO MODIFY PRE-TRIAL
SCHEDULING ORDER
State Complaint Filed: October 1, 2020
Removal Filed:
December 14, 2020
Trial Date:
Not Set

Plaintiffs,

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CASE NO.: 2:20-cv-02475-MCE-DMC

v.
PHI AIR MEDICAL, LLC, a Limited
Liability Company; PHI HEALTH,
LLC, a Limited Liability Company;
and Does 1 through 50, Inclusive,
Defendants.

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Case No.: 2:20-cv-02475-MCE-DMC

ORDER TO MODIFY PRE-TRIAL SCHEDULING ORDER

ORDER

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Having reviewed the Plaintiffs’ and Defendant’s Stipulated Request, the

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Court grants the request and ORDERS that the Pre-Trial Scheduling Order, ECF

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No. 3, is modified as follows:

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Event
Deadline to complete
Rule 26(f) conference
Deadline to complete all
discovery, except for
expert discovery
First expert disclosure
deadline
Second expert disclosure
deadline
Deadline to file joint
notice of trial readiness
(if dispositive motions are
not heard)
Deadline to file all
dispositive motions

Original Deadline
February 12, 2021

Requested Deadline
August 11, 2021

December 21, 2021

June 19, 2022

February 18, 2022

August 17, 2022

March 21, 2022

September 17, 2022

April 20, 2022

October 17, 2022

June 16, 2022

December 13, 2022

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The parties are ordered to file a Joint Notice of Trial Readiness not later than

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thirty (30) days after receiving this Court's ruling on the last filed dispositive

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motion. The parties are to set forth in their Notice of Trial Readiness, the

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appropriateness of special procedures, whether this case is related to any other

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case(s) on file in the Eastern District of California, the prospect for settlement, their

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estimated trial length, any request for a jury, and their availability for trial. After

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review of the parties' Joint Notice of Trial Readiness, the Court will issue an order

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that sets forth new dates for a final pretrial conference and trial.

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IT IS SO ORDERED.
DATE: February 18, 2021

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CERTIFICATE OF SERVICE