Garrison et al v. Whole Foods Market California, Inc. et al

Filing 46

Order by Hon. Vince Chhabria granting 45 Stipulation for Limited Modification of Scheduling Order.(knm, COURT STAFF) (Filed on 12/12/2014)

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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 Defendants
WHOLE FOODS MARKET CALIFORNIA, INC. and
MRS. GOOCH’S NATURAL FOOD MARKETS,
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. 4:14-CV-00334-VC
STIPULATION AND [PROPOSED]
ORDER FOR LIMITED
MODIFICATION TO SCHEDULING
ORDER

v.
WHOLE FOODS MARKET CALIFORNIA,
INC., et al.s

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Defendants.
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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 Defendants WHOLE FOODS MARKET CALIFORNIA, INC. and MRS. GOOCH’S

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NATURAL FOOD MARKETS, INC. (“Defendants”), by and through their undersigned

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counsel, hereby stipulate as follows:

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WHEREAS, the Court entered a scheduling order (“Scheduling Order”) designating an
initial phase of discovery limited to (1) written fact and document discovery targeted to

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 4:14-CV-00334-VC

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

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Plaintiffs. (Dkt. #41).

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WHEREAS, the Scheduling Order currently requires this phase of discovery to be

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completed on or before December 15, 2014 and further requires 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 are presently attempting to resolve certain disputes regarding

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written discovery without burdening the Court, but require additional time to attempt to resolve

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them and thereafter take Plaintiffs’ depositions.

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WHEREAS, the Parties further seek clarification and certainty as to the preservation of

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the right to move to compel with respect to any written discovery propounded during this initial

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phase of discovery to assist the Parties in their efforts to resolve their dispute without seeking

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intervention from the Court.

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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.

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

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January 16, 2015 for the limited purposes of allowing the parties to: (a) resolve their dispute as

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to Plaintiffs’ responses to Defendants’ written discovery, including but not limited to Plaintiffs’

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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.

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 4:14-CV-00334-VC

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DATED: December 12, 2014

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 Defendants
WHOLE FOODS MARKET CALIFORNIA,
INC. and MRS. GOOCH’S NATURAL FOOD
MARKETS, INC.

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DATED: December 12, 2014

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. 4:14-CV-00334-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 16, 2015 for the limited purposes of allowing the parties to: (a) resolve

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their dispute as to Plaintiffs’ responses to Defendants’ 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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December 12, 2014
DATED: _________________

_____________________________
HON. VINCE CHHABRIA
United States District Court Judge

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18674736v.1

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 4:14-CV-00334-VC