Flores et al v. Velocity Express, Inc.

Filing 199

STIPULATION AND ORDER re 198 STIPULATION WITH PROPOSED ORDER Amending Expert Dates filed by Darah Doung, Phillip Flores. Signed by Judge Jon S. Tigar on May 3, 2016. (wsn, COURT STAFF) (Filed on 5/3/2016)

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Timothy J. Becker (MN Bar No. 256663)
[e-mail]
Jacob R. Rusch (MN Bar No. 391892)
[e-mail]
JOHNSON BECKER, PLLC
33 South Sixth Street, Suite 4530
Minneapolis, Minnesota 55402
Telephone: [phone]
Fax: [phone]

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Trial Counsel for Plaintiffs

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Robert G. Hulteng, Bar No. 071293
[e-mail]
Aurelio J. Perez, Bar No. 282135
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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PHILLIP FLORES and DARAH DOUNG,
individually and on behalf of all similarly
situated individuals,

Case No. 3:12-cv-05790-JST
Assigned for all purposes to the Honorable Jon
S. Tigar

Plaintiffs,

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v.

JOINT STIPULATION TO AMEND
EXPERT DATES

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VELOCITY EXPRESS, LLC, a whollyowned subsidiary of Dynamex Operations
East, LLC1, TRANSFORCE, INC., and
DYNAMEX OPERATIONS EAST, LLC,

Complaint Filed:
FAC Filed:
SAC Filed:
TAC Filed:
4th AC Filed:

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Defendants,

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November 9, 2012
January 8, 2013
July 17, 2013
March 28, 2013
June 26, 2014

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Formerly Dynamex Operations East, Inc.

JOINT STIPULATION TO
AMEND EXPERT DATES

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CASE NO. 3:12-CV-05790-JST

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The Parties through their respective attorneys of record respectfully request the Court extend

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the expert disclosure and report deadlines as set forth in Case Management Order (“CMO”) No. 2.

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Since entry CMO No. 2, the Parties have conducted discovery of the Case Pool Selections, served

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written requests for the production of documents, and are collectively scheduling deposition dates.

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The Parties have conducted several meet-and-confers regarding expert disclosures and reports
pursuant to CMO No. 2—which inadvertently contemplated expert disclosures and reports due prior to

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the close of discovery. Pursuant to CMO No. 1, discovery does not close until July 1, 2016. As such,

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the Parties agree that expert disclosures and reports be due after the close of discovery. No other dates

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will be affected by this change. Discovery will still close on July 1, 2016, and the dispositive motion

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deadlines and trial dates will be unaffected.

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Proposed amendments to CMO No. 2:

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Event

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Deadline

New Deadline

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Expert disclosures and reports

May 2, 2016

July 15, 2016

Expert rebuttal reports

May 27, 2016

August 9, 2016

Expert deposition period begins

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June 20, 2016

August 22, 2016

Expert deposition period ends

July 22, 2016

September 2, 2016

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SO STIPULATED.
Dated: May 3, 2016

/s/ Timothy J. Becker
Timothy J. Becker
Jacob R. Rusch
JOHNSON BECKER, PLLC
Trial Counsel for Plaintiffs

Dated: May 3, 2016

/s/ Aurelio J. Perez
ROBERT G. HULTENG
AURELIO J. PEREZ
Littler Mendelson, P.C.
Attorneys for Defendants

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JOINT STIPULATION TO
AMEND EXPERT DATES

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CASE NO. 3:12-CV-05790-JST

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ATTESTATION FOR COMPLIANCE WITH CIVIL L.R. 5-1(i)(3)

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I, Jacob Rusch, declare under penalty of perjury and pursuant to the laws of California and

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the United States that I have in my possession e-mail correspondence from Aurelio J. Perez that the

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content of this Joint Stipulation is acceptable to all persons required to sign it. I declare that this

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Stipulation was signed in Minneapolis, Minnesota, on May 3, 2016.

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/s/ Jacob R. Rusch
Jacob R. Rusch
JOHNSON BECKER, PLLC

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JOINT STIPULATION TO
AMEND EXPERT DATES

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CASE NO. 3:12-CV-05790-JST

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J u d ge J o

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Ti ga r

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___________________________
ERED
O ORD Tigar
The T IS S Jon S.
I Honorable
United State District Court Judge

May 3
Dated: _______________, 2016

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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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OF

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JOINT STIPULATION TO
AMEND EXPERT DATES

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CASE NO. 3:12-CV-05790-JST