Wren et al v. RGIS Inventory Specialists

Filing 832

JOINT MEDIATION REPORT AND STIPULATION AND ORDER RE REVISED CASE MANAGEMETN AND PRETRIAL ORDER. 810 MOTION to Certify Class DECERTIFY California Labor Code Section 226 Claim hearing reset to 6/25/10 at 9:30 AM. Further Case Management Confer ence reset for 6/25/2010 at 9:30 AM in Courtroom A, 15th Floor, San Francisco. Final Pretrial Conference specially set for 7/29/2010 at 9:30 AM. Signed, as modified, by Judge Joseph C. Spero on 4/30/10. **NOTE: Please see date changes on pages 3 and 4.(klh, COURT STAFF) (Filed on 4/30/2010)

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CATHERINE A. CONWAY (SBN 98366) GREGORY W. KNOPP (SBN 237615) AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] JOEL M. COHN (pro hac vice) WILLIAM F. ALLEN (pro hac vice) AKIN GUMP STRAUSS HAUER & FELD LLP 1333 New Hampshire Avenue, N.W. Washington, DC 20036 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for RGIS, LLC (erroneously sued as RGIS Inventory Specialists, Inc.) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

TRISHA WREN and CYNTHIA PIPER, et al., individually and on behalf of others similarly situated, Plaintiffs, v. RGIS INVENTORY SPECIALISTS, LLC and DOES 1-25, inclusive, Defendants.

Case No. 3:06-cv-05778 JCS Case No. 3:07-cv-00032 JCS JOINT MEDIATION REPORT AND STIPULATION AND [PROPOSED] ORDER RE REVISED CASE MANAGEMENT AND PRETRIAL ORDER Date: May 7, 2010 Time: 1:30 a.m. Judge: Hon. Joseph C. Spero

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JOINT MEDIATION REPORT AND STIPULATION AND [PROPOSED] ORDER RE REVISED CASE MANAGEMENT AND PRETRIAL ORDER Case Nos. 3:06-cv-05778 JCS & 3:07-cv-00032 JCS

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I.

MEDIATION REPORT On April 22, 2010, the parties participated in a full day of mediation with the

Honorable Edward Infante (Ret.). During the mediation, the parties narrowed their differences and agreed to reconvene on May 7, 2010, the next available date on Judge Infante's calendar. Given the progress made during the mediation and in the interest of conserving resources, the parties agreed to delay further the deposition of plaintiffs' expert Dr. Richard Martell until after the next mediation session.1 As a result, the parties respectfully submit for the Court's consideration a new joint scheduling order. II. PROPOSED JOINT SCHEDULING ORDER WHEREAS the parties have met and conferred regarding modifications to several dates set by the Court in its November 23, 2009 Case Management and Pretrial Order (Dkt. 805) and in the parties' February 10, 2010 stipulation entered by the Court (Dkt. 809); WHEREAS the proposed modifications are needed to accommodate the progress the parties have made in mediation and the unforeseen circumstances regarding the availability of plaintiffs' expert Richard Martell; IT IS HEREBY STIPULATED by and between the parties through their counsel of record that the current scheduling order in effect shall be modified as follows:

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Dr. Martell's deposition was originally scheduled for April 16, but was postponed due to an injury suffered by Dr. Martell. The parties have agreed to reschedule Dr. Martell's deposition on June 14.
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JOINT MEDIATION REPORT AND STIPULATION AND [PROPOSED] ORDER RE REVISED CASE MANAGEMENT AND PRETRIAL ORDER Case Nos. 3:06-cv-05778 JCS & 3:07-cv-00032 JCS

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JOINT MEDIATION REPORT AND STIPULATION AND [PROPOSED] ORDER RE REVISED CASE MANAGEMENT AND PRETRIAL ORDER Case Nos. 3:06-cv-05778 JCS & 3:07-cv-00032 JCS

Event Deadline for completion of expert depositions

Current Date Apr. 16, 2010

Proposed New Date June 14, 2010 (Dr. Martell only)

Deadline for proposed final joint pretrial order (exhibits and witness lists) Deadline for motions in limine and deposition designations

Apr. 30, 2010

May 28, 2010
01

May 6, 2010

June 11, 2010 (except for possible Daubert motion related to Dr. Martell)

Further case management conference and hearing on motion for decertification of Cal. Lab. Code § 226 claim Deadline for jury instructions File trial briefs on any controlling issues of law, verdict forms (joint or separate), objections to exhibits, proposed voir dire, and objections to deposition designations Deadline for oppositions to motions in limine

May 7, 2010

June 25, 2010
@ 9:30 AM

May 21, 2010 May 21, 2010

June 25, 2010 July 2, 2010

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May 21, 2010

July 2, 2010
June 16, 2010

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Event Deadline for depositions of seven trial witnesses per side identified in proposed pre-trial order Deadline for Daubert motion related to Dr. Martell Deadline for amendments to final joint pre-trial order relating to Dr. Martell Deadline to provide official record

Current Date June 11, 2010

Proposed New Date July 2, 2010

N/A

July 2, 2010

N/A

July 2, 2010

June 15, 2010

July 6, 2010

12

exhibits and single bench binder set
13

of exhibits
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JOINT MEDIATION REPORT AND STIPULATION AND [PROPOSED] ORDER RE REVISED CASE MANAGEMENT AND PRETRIAL ORDER Case Nos. 3:06-cv-05778 JCS & 3:07-cv-00032 JCS

July 29, 2010 @ 9:30 AM

Pre-trial conference Deadline for filing deposition designations for seven trial witnesses per side identified in the pre-trial order Deadline for filing counterdesignations and objections to the deposition designations related to the seven trial witnesses per side Final date to arrange dailies or realtime transcript Jury trial begins

June 25, 2010 June 30, 2010

July 16, 2010 July 21, 2010

July 9, 2010

July 30, 2010

Aug. 25 ,2010

Unchanged

Aug. 30, 2010

Unchanged

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Dated: April 28, 2010

SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN _ /s/ David Borgen David Borgen Counsel for Plaintiffs

Dated: April 28, 2010
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AKIN GUMP STRAUSS HAUER & FELD LLP 1333 New Hampshire Avenue, NW Washington, DC 20036 /s/ Joel M. Cohn Joel M. Cohn Catherine A. Conway Gregory W. Knopp Counsel for Defendants

ORDER The Court, having reviewed the parties' stipulation and good cause appearing, hereby modifies its Case Management and Pretrial Order consistent with the above referenced dates.
UNIT ED
ISTRIC ES D TC AT T

RT U O

IT IS SO ORDERED.
Dated: April 30, 2010

S

___________________________ HON.EJOSEPH C. SPERO C RN D I S T Magistrate Judge United States RIC T OF
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JOINT MEDIATION REPORT AND STIPULATION AND [PROPOSED] ORDER RE REVISED CASE MANAGEMENT AND PRETRIAL ORDER Case Nos. 3:06-cv-05778 JCS & 3:07-cv-00032 JCS

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