Vogtmann v. Liberty It Solutions, LLC et al

Filing 26

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 09/14/22 EXTENDING the Discovery Deadline to 01/31/23.(Licea Chavez, V)

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MATTHEW J. RUGGLES (SBN 173052)
RUGGLES LAW FIRM
7940 CALIFORNIA AVENUE
FAIR OAKS, CA 95628
TEL: [phone]
FAX: [phone]
[e-mail]
ATTORNEY FOR PLAINTIFF
KERI KUBOKAWA VOGTMANN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:21-cv-01912-TLN-KJN

KERI KUBOKAWA VOGTMANN,
vs.

Plaintiff,

STIPULATION AND ORDER
EXTENDING DISCOVERY
DEADLINE

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LIBERTY IT SOLUTIONS, LLC.;
INSPERITY PEO SERVICES, L.P.;
and DOES 1 through 50, inclusive,

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Defendants.

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STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINE
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Plaintiff

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VOGTMANN

and

Defendant

LIBERTY

IT

follows:
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This case was filed in the United States District Court for the Eastern District of

California (Sacramento) on October 13, 2021.

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KUBOKAWA

SOLUTIONS, LLC, by and through their counsel of record, hereby stipulate and request as

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KERI

2.

Defendant LIBERTY IT SOLUTIONS, LLC filed an Answer to the Complaint

on November 12, 2021.

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3.

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pursuant to the parties’ stipulation on December 16, 2021.

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4.

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Pursuant to Section III of the District Court’s Initial Pretrial Scheduling Order

dated October 14, 2021 [Docket No. 4], all discovery was to be completed no later than (240)
days from the date upon which the last answer may be filed with the Court pursuant to the Federal
Rules of Civil Procedure, or approximately on or before July 10, 2022.
5.

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Defendant INSPERITY PEO SERVICES, L.P. was voluntarily dismissed

Since the case was filed, the parties have exchanged Initial Disclosures as well as

written discovery. Plaintiff propounded written discovery to Defendant in December 2021,
which Defendant responded to in April 2022. Defendant propounded written discovery to
Plaintiff in March 2022, which Plaintiff responded to in June 2022.
6.

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In March and April of 2022, Plaintiff’s counsel Matthew Ruggles sent (former)

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Defense counsel Kristin Smith multiple email messages requesting available dates for the

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depositions of three employees of Defendant: Eddie Urso, Mark Merz and Amanda Beylo.

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Despite several requests for available dates, Defense Counsel did not offer any dates or make any
response to Plaintiff’s counsel’s inquiries.

STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINE
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7.

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On July 26, 2022, Defense Counsel Omar F. Hassan contacted Plaintiff’s counsel

and informed Plaintiff’s counsel that going forward, Mr. Hassan and his colleague Keith Smith
would be taking over the litigation within the firm, and that Kristin Smith, Esq. and Alicia

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Kenyon, Esq. no longer would be involved in the lawsuit.
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In response to Defense Counsel’s email on July 26, 2022, Plaintiff’s counsel again

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requested available dates for the depositions of the same three individuals: Amanda Beylo, Mark

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Merz and Eddie Urso. However, July 26, 2022 was more than 240 days from the filing of

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Defendant’s Answer to the Complaint.
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Defense Counsel has also, on multiple occasions, requested available dates for the

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deposition of Plaintiff from Plaintiff's counsel, but no dates were provided until recently, namely

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September 14, 2022.

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10.

After meeting and conferring by telephone, Defense Counsel and Plaintiff’s

Counsel stipulated and agreed to request that the District Court extend the discovery deadline to
January 31, 2023 so that the parties can complete discovery, including but not limited to the

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following depositions: Eddie Urso (scheduled for 10/10/22), Mark Merz (scheduled for 10/12/22)

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and Amanda Beylo (scheduled for 10/14/22) and Plaintiff’s deposition (not yet scheduled).

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11.

The parties have not requested any prior extensions of time for the deadlines set

forth in the Initial Pretrial Scheduling Order
///
///
///

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STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINE
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IT IS SO STIPULATED AND REQUESTED.

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DATED: September 14, 2022

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RUGGLES LAW FIRM
By: _/s/ Matthew J. Ruggles__________
MATTHEW J. RUGGLES
Attorney for Plaintiff
KERI KUBOKAWA VOGTMANN

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DATED: September 14, 2022

WOOD, SMITH, HENNING & BERMAN LLP

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By: _/s/ Omar F. Hassan (authorized 9/14/22)
KEITH E. SMITH
OMAR F. HASSAN
Attorneys for Defendant
LIBERTY IT SOLUTIONS, LLC

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STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINE
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ORDER

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Based upon the Stipulation and request by the parties to extend the discovery deadline
to January 31, 2023, and good cause appearing, it is ordered that the deadline to complete all

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discovery shall be January 31, 2023.
IT IS SO ORDERED.

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DATED: September 14, 2022
Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINE
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