Garrison et al v. Whole Foods Market, Inc.

Filing 56

Order by Hon. Vince Chhabria granting 55 Stipulation for Limited Modification to Scheduling Order.(knm, COURT STAFF) (Filed on 1/27/2015)

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SEYFARTH SHAW LLP
Jay W. Connolly (SBN 114725)
[e-mail]
Giovanna A. Ferrari (SBN 229871)
[e-mail]
Joseph J. Orzano (SBN 262040)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
WHOLE FOODS MARKET GROUP, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARY GARRISON and GRACE
GARRISON, individually, and on behalf of all
others similarly situated,

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Plaintiffs,

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Case No. 3:13-CV-05222-VC
STIPULATION AND [PROPOSED]
ORDER FOR LIMITED
MODIFICATION TO SCHEDULING
ORDER

v.
WHOLE FOODS MARKET GROUP, INC.,
Defendant.

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Pursuant to Local Rule 6-1(b), Plaintiffs MARY GARRISON and GRACE GARRISON,

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individually, and on behalf of all others similarly situated (collectively “Plaintiffs”), on the one

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hand, and Defendant WHOLE FOODS MARKET GROUP, INC. (“Defendant”), by and through

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their undersigned counsel, hereby stipulate as follows:

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WHEREAS, the Court entered an initial scheduling order (“Initial Scheduling Order”)

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designating an initial phase of discovery limited to (1) written fact and document discovery

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targeted to information necessary to prepare for mediation; and (2) the completion of the

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depositions of Plaintiffs. (Dkt. #50).

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:13-cv-05222-VC

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WHEREAS, the Initial Scheduling Order required this phase of discovery to be

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completed on or before December 15, 2014 and further required the Parties to complete a

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mediation on or before February 2, 2015 before reporting back to the Court for a further case

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management conference on February 10, 2015.

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WHEREAS, the Parties attempted to resolve certain disputes regarding written discovery

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without burdening the Court, but required additional time to attempt to resolve them and

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thereafter take Plaintiffs’ depositions.

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WHEREAS, on December 17, 2014, pursuant to the Parties’ Stipulation, the Court

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entered a modified scheduling order (“Modified Scheduled Order”) extending the deadline to

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complete the current phase of fact discovery to January 16, 2015 for the limited purposes of

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allowing the parties to: (a) resolve their dispute as to Plaintiffs’ responses to Defendant’s written

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discovery, including but not limited to Plaintiffs’ document production; and (2) complete the

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depositions of Plaintiffs. (Dkt. 54.)

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WHEREAS, the Court also ordered that, to the extent the Parties do not move to compel

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with respect to any written discovery propounded in this initial phase of discovery prior to the

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mediation, the Parties reserve the right to move to compel with respect to all such written

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discovery up to and including 7 days after the close of all fact discovery in the action pursuant to

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Local Rule 37-3.

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WHEREAS, the Parties have made progress in their attempts to resolve their disputes

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regarding written discovery without burdening the Court; however, the Parties require additional

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time to attempt to attempt to resolve them and thereafter take Plaintiffs’ depositions.

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WHEREAS, the additional time the Parties seek will not alter the current deadline to

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complete mediation as the Parties are currently scheduled to participate in a private mediation on

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February 2, 2015, within the time contemplated in the Scheduling Order.

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IT IS THEREFORE STIPULATED that:

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1.

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The deadline to complete the current phase of fact discovery shall be continued

from January 16, 2015 to January 30, 2015 for the limited purposes of allowing the parties to:

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:13-cv-05222-VC

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(a) resolve their dispute as to Plaintiffs’ responses to Defendant’s written discovery, including

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but not limited to Plaintiffs’ document production; and (2) complete the depositions of Plaintiffs.

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2.

To the extent the Parties do not move to compel with respect to any written

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discovery propounded in this initial phase of discovery prior to the mediation, the Parties reserve

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the right to move to compel with respect to all such written discovery up to and including 7 days

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after the close of all fact discovery in the action pursuant to Local Rule 37-3.

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IT IS SO STIPULATED.
DATED: January 16, 2015

SEYFARTH SHAW LLP

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By: /s/ Joseph J. Orzano
Jay W. Connolly
Giovanna A. Ferrari
Joseph J. Orzano

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Attorneys for Defendant
WHOLE FOODS MARKET GROUP, INC.

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DATED: January 16, 2015

SCOTT COLE & ASSOCIATES, APC

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By: /s/ Molly A. Desario
Matthew R. Bainer
Molly a. DeSario

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Attorneys for Plaintiffs
MARY GARRISON and GRACE
GARRISON, individually and on behalf of all
other similarly situated

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:13-cv-05222-VC

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
1.

The deadline to complete the current phase of initial fact discovery shall be

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continued to January 30, 2015 for the limited purposes of allowing the parties to: (a) resolve

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their dispute as to Plaintiffs’ responses to Defendant’s written discovery, including but not

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limited to Plaintiffs’ document production; and (2) complete the depositions of Plaintiffs.

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2.

To the extent the Parties do not move to compel with respect to any written

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discovery prior to the mediation, the Parties shall be permitted to move to compel with respect to

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any written discovery up to and including 7 days after the close of all fact discovery in the action

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pursuant to Local Rule 37-3, or as otherwise ordered by the Court. It shall be sufficient to satisfy

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this deadline to move to compel that the Parties submit the joint letter brief required in paragraph

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9 of this Court’s civil standing order by the motion to compel deadline.

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January 27, 2015
DATED: _________________
____________________________

HON. VINCE CHHABRIA
United States District Court Judge

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18844402v.1

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:13-cv-05222-VC