Flores et al v. Velocity Express, Inc.

Filing 227

STIPULATION AND ORDER re 225 STIPULATION WITH [PROPOSED] ORDER re Joint Stipulation to Extend Discovery Deadlines filed by TransForce, Inc., Dynamex Operations East, LLC, Velocity Express, LLC. Final Pretrial Conference set for 5/ 26/2017 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 6/5/2017 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on November 8, 2016. (wsn, COURT STAFF) (Filed on 11/8/2016)

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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
444 Cedar Street, Suite 1800
St. Paul, MN 55101
Telephone: [phone]
Fax: [phone]
Trial Counsel for Plaintiffs
ROBERT G. HULTENG, Bar No. 071293
[e-mail]
AURELIO J. PÉREZ, Bar No. 282135
[e-mail]
BYUNG-KWAN PARK, Bar No. 306719
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.399.8490
Attorneys for Defendants
VELOCITY EXPRESS, LLC and TRANSFORCE,
INC. and DYNAMEX OPERATIONS EAST, LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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

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

Plaintiffs,
v.

[PROPOSED] ORDER GRANTING
SECOND AND FINAL JOINT
STIPULATION TO EXTEND
DISCOVERY DEADLINES

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.

[PROPOSED] ORDER GRANTING
SECOND AND FINAL JOINT
STIPULATION

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

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

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the discovery deadlines, trial date, and associated deadlines as set forth below. On July 27, 2016, the

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Court granted the Parties’ first joint stipulation to extend certain discovery deadlines. See Dkt. No.

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210.

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documents, and served and responded to various discovery and document production requests.

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Since that time, the Parties have conducted numerous depositions, produced additional

Currently, the Parties’ Case Pool selections are due on November 4, 2016, while the Court’s selection

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date is November 18, 2016. The Parties have seven depositions scheduled in November (5 witnesses
for Defendants and 2 witnesses for Plaintiffs). Additionally, Plaintiffs are preparing responses to
Interrogatories and Document Requests for one Plaintiff, Timothy Clippard.

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On October 4, 2016, Plaintiffs filed a Discovery Letter brief outlining various discovery

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disputes between the Parties. See Dkt. No. 216. Discovery matters were subsequently referred to

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Chief Magistrate Judge Joseph C. Spero on October 5, 2016. The Parties held an in-person meet-andconfer on October 26, 2016, in Chief Magistrate Spero’s courtroom and resolved all outstanding

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disputes amicably. As a result, the Parties are now in the process of producing and reviewing the
agreed-to discovery.

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Without an extension of the discovery deadlines, the Parties will be unable to adequately

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prepare for trial selections, dispositive motions, and trial. The Parties are confident that no other

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extensions will be necessary to complete discovery. As such, and subject to the Court’s approval, the

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Parties hereby stipulate to amend the deadlines in this case as follows:

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Matter

Current Date

Proposed Date

Case Pool Selection Discovery

October 31, 20162

December 2, 2016

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Expert Disclosures and Reports

November 18, 2016

December 23, 2016

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Expert Rebuttal Reports

December 9, 2016

January 13, 2017

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The Parties informally agreed to extend Case Pool Selection Discovery in September.

[PROPOSED] ORDER GRANTING
SECOND AND FINAL JOINT
STIPULATION

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

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November 14, 2016 –

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December 9, 2016

November 18, 2016

December 16, 2016

December 16, 2016

Party Identification of Bellwether Trial

January 13, 2017

November 4, 2016

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December 27, 2016 –

December 9, 2016

Expert Deposition Period

January 20, 2017

Selections

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Court Identification of Bellwether Trial
Selection

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Dispositive Motion Deadline
Pretrial Conference

May 26, 2017

Trial Schedule

March 27, 2017

June 5, 2017

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IIT IS SO ORDERED.
Dated: November_8, 2016

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HONORABLE JON S. TIGAR

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[PROPOSED] ORDER GRANTING
SECOND AND FINAL JOINT
STIPULATION

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