Solis v. Seafood Peddler of San Rafael, Inc. et al

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER Rescheduling Deadlines in Court's Scheduling Order Dated April 18, 2012 filed by Seafood Peddler of San Rafael, Inc. Pretrial Conference Statements due by 1/8/2013. Discovery due by 2/13/2013. Motions due by 4/18/2013. Pretrial Conference set for 1/18/2013 10:00 AM in Courtroom 9, 19th Floor, San Francisco before Chief Judge James Ware. Signed by Chief Judge James Ware on August 7, 2012. (wsn, COURT STAFF) (Filed on 8/7/2012)

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Attorneys for Defendant
SEAFOOD PEDDLER OF SAN
RAFAEL, INC. dba SEAFOOD PEDDLER

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MARC S. MAZER (SBN 081163)
[e-mail]
KENNETH D. SCHNUR (SBN 124588)
[e-mail]
BENJAMIN, WEILL & MAZER
A Professional Corporation
235 Montgomery Street, Suite 760
San Francisco, California 94104
Telephone: [phone]

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A PROFESSIONAL CORPORATION
235 MONTGOMERY STREET, SUITE 760
SAN FRANCISCO, CA 94104
[phone]

UNITED STATES DISTRICT COURT

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BENJAMIN, WEILL & MAZER

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor,

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Plaintiff,
vs.
SEAFOOD PEDDLER OF SAN
RAFAEL, INC., dba SEAFOOD
PEDDLER, a corporation; ALPHONSE
SILVESTRI, an individual, RICHARD
MAYFIELD, an individual, and FIDEL
CHACON, an individual,
Defendants.

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) Case No.: CV12-0116 JW
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STIPULATION RESCHEDULING DEADLINES SET FORTH IN THE COURT’S

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SCHEDULING ORDER DATED APRIL 18, 2012
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STIPULATION RE SCHEDULING
Case No. CV-12-0116 (JW)

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The parties hereto, by and through their respective counsel, hereby stipulate and agree as
follows:
1.

The parties agree to continue the dates set forth in the Court’s Scheduling Order

dated April 18, 2012 (the “Scheduling Order”), as set forth hereinafter.
2.

The parties agree to continue the discovery cut-off in this matter from December

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17, 2012 to February 17, 2013, and to continue all other dates in the Scheduling Order that are

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associated with the discovery cut-off.

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3.

The parties agree that this request for continuance is necessary due to the

A PROFESSIONAL CORPORATION
235 MONTGOMERY STREET, SUITE 760
SAN FRANCISCO, CA 94104
[phone]

respective schedules of counsel, and the numerous calendar conflicts, including trials, vacations

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BENJAMIN, WEILL & MAZER

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and other matters, which have and will delay completion of discovery in this matter. The parties

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anticipate that there may be as many as 40 depositions (most of which relate to non-party

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witnesses) in this matter (agreed to by the parties in the initial disclosure statements) which will be

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delayed for various reasons. For instance, Plaintiff’s counsel has been unavailable due to a trial in

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June and July, 2012, and continues to be unavailable at other times through the end of the year due

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to trials in unrelated matters and vacation. Defendant’s counsel will be unavailable for several

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weeks in October due to vacation. The various calendar conflicts has prevented the parties from

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scheduling depositions for several months and will continue to cause delays during the latter part

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of the year when counsel has additional trials set. Additionally, a significant discovery dispute has

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arisen pertaining to the production of Plaintiff’s documents which has caused further delay of the

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deposition process.

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4.

In reliance upon Plaintiff’s counsel’s representation that additional counsel from

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the Office of the Solicitor will be available to appear for non-party depositions, the Parties agree

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that a two month extension will allow them to complete discovery in this case in accordance with

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the proposed revised schedule set forth hereinafter.

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delays may impede the completion of discovery within the proposed revised schedule, and that

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neither party waives the right to request additional time to complete discovery based on

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unforeseen events.

However, the Parties agree that unforeseen

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STIPULATION RE SCHEDULING
Case No. CV-12-0116 (JW)

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5.

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Failure to obtain the continuances set forth herein will prevent the parties from

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completing discovery essential for the preparation for trial, or in the alternative, will force the

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parties to schedule and complete discovery on dates when opposing counsel may not be available.
6.

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Therefore, the parties jointly request that the Court approve the following revised

schedule, which reflects a two month extension of time:

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A PROFESSIONAL CORPORATION
235 MONTGOMERY STREET, SUITE 760
SAN FRANCISCO, CA 94104
[phone]

BENJAMIN, WEILL & MAZER

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Close of All Discovery
Last Date for Hearing Dispositive Motions
(60 days after the Close of All Discovery)
Preliminary Pretrial Conference
(30 days before the Close of All Discovery)
Preliminary Pretrial Conference Statements
(Due 10 days before Conference)
Disclosure of Expert Witnesses
(63 Days before Close of All Discovery)
Disclosure of Rebuttal Expert Witnesses
(49 Days before Close of All Discovery)
Last Date for Hearing on Motion to Exclude Expert or Expert’s
testimony
(42 Days after both Expert and Rebuttal Expert Disclosures on a
Monday)

February 17, 2013
April 18, 2013
January 18, 2013
January 8, 2013
December 16, 2012
December 30, 2012
February 11, 2013

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7. The parties agree that all other portions of the Scheduling Order not affected by this

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scheduling request shall remain as set forth in the Scheduling Order. Plaintiff authorizes

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Defendants to file this Stipulation with the Court and seek the Order from this Court to implement

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it.

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AGREED:

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BENJAMIN, WEILL & MAZER
A Professional Corporation

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Dated: July _____, 2012

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_________________________________
Marc S. Mazer
Attorneys for Defendant
SEAFOOD PEDDLER OF SAN RAFAEL, INC. dba
SEAFOOD PEDDLER

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STIPULATION RE SCHEDULING
Case No. CV-12-0116 (JW)

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LAW OFFICES OF MATTANIAH EYTAN

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Dated: July _____, 2012

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UNITED STATES DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR

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_________________________________
Mattaniah Eytan
Attorneys for Defendants
ALPHONSE SILVESTRI, RICHARD MAYFIELD
and FIDEL CHACON

Dated: July _____, 2012

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_________________________________
Leon Pasker
Attorneys for Plaintiff

A PROFESSIONAL CORPORATION
235 MONTGOMERY STREET, SUITE 760
SAN FRANCISCO, CA 94104
[phone]

BENJAMIN, WEILL & MAZER

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: August 7, 2012

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___________________________________
HON. JAMES WARE
United States District Chief Judge

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STIPULATION RE SCHEDULING
Case No. CV-12-0116 (JW)

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