Garrison et al v. Whole Foods Market California, Inc. et al
Filing
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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)
jconnolly@seyfarth.com
Giovanna A. Ferrari (SBN 229871)
gferrari@seyfarth.com
Joseph J. Orzano (SBN 262040)
jorzano@seyfarth.com
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
(415) 397-2823
Facsimile:
(415) 397-8549
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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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 4:14-CV-00334-VC
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