Joseph Duran et al v. The Hershey Company

Filing 39

STIPULATION AND ORDER To Extend Certain Deadlines. Case Management Conference set for 6/18/2015 at 10:00 AM; Pretrial Conference set for 10/8/2015 at 10:00 AM; Jury Selection set for 11/9/2015 at 09:00 AM; Jury Trial set for 11/9/2015 at 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 3/23/15. (cl, COURT STAFF) (Filed on 3/23/2015)

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DARYL S. LANDY, State Bar No. 136288
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
Email: [e-mail]
MICHAEL J. PUMA (admitted pro hac vice)
ELEANOR R. FARRELL (admitted pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Counsel for Defendant The Hershey Company

THE BRANDI LAW FIRM
THOMAS J. BRANDI, SBN 53208
BRIAN J. MALLOY, SBN 234882
354 Pine Street, Third Floor
San Francisco, CA 94104
Telephone: [phone];
Facsimile: 415.707.2024
E-mail: [e-mail]
HOBAN & FEOLA, LLC
DAVID C. FEOLA (CO Bar No. 18789)
(admitted pro hac vice)
34523 Upper Bear Creek Road
Evergreen, Colorado 80439
Telephone: [phone]
Facsimile: 303.382.4685
E-mail: David @Feolalaw.com
Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH DURAN, JOHN BELL, JASON MEARS,
VICTOR DESIMONE, CHRISTINA LEE and
SARAH CATALDO,

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Plaintiffs,

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Case No. 3:14-CV-01184 RS
STIPULATION AND [PROPOSED]
ORDER TO EXTEND CERTAIN
DEADLINES
Hon. Richard Seeborg

vs.
THE HERSHEY COMPANY,
Defendant.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER TO
EXTEND CERTAIN DEADLINES
CASE NO.: 3:14-CV-01184 RS

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs John Bell, Jason Mears, Victor

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DeSimone, and Christina Lee (“Plaintiffs”) and Defendant The Hershey Company (“Defendant”)

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(collectively, “Parties”), through their respective counsel of record, and subject to the approval of

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the Court, hereby stipulate as follows:

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1.

WHEREAS, on June 26, 2014, the Court issued a Case Management Order setting

certain deadlines (Dkt. No. 23);

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2.

WHEREAS, on October 16, 2014 and January 1, 2015, the Court issued Orders

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approving the Parties’ stipulations to extend the mediation deadline and certain other deadlines in

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this matter (Dkt. Nos. 29 & 31);

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3.

WHEREAS, the Parties are actively engaged in discovery. The Parties have

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produced substantial documents, negotiated an ESI agreement, begun producing ESI pursuant to

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that agreement; Defendant has taken the depositions of all Plaintiffs; Defendant is in the process

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of responding to three additional sets of written discovery recently served by Plaintiffs that will

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require additional ESI searches; and the Parties are working together to schedule more than a

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dozen depositions of Defendant and its employees;

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4.

WHEREAS, the Parties are currently scheduled to participate in a private

mediation on April 9, 2015;

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5.

WHEREAS, Plaintiffs have requested that the depositions of Defendant’s

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witnesses be held after the Parties engage in mediation on April 9, 2015, in part due to an injury

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which has prevented one of Plaintiffs’ counsel from traveling for purposes of the case;

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6.

WHEREAS, the Parties seek an extension of the deadlines proposed below in

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order to facilitate the Parties’ attempt to resolve this matter and conserve the resources of the

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Court and the Parties, as well as to provide adequate time to complete discovery in advance of

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summary judgment briefing and obtain a ruling on summary judgment in advance of trial and

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related pre-trial deadlines;

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

7.

WHEREAS, the Parties have not previously requested an extension of the trial

date;
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STIPULATION AND [PROPOSED] ORDER TO
EXTEND CERTAIN DEADLINES
CASE NO.: 3:14-CV-01184 RS

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THEREFORE, the Parties hereby agree and stipulate to the extension of certain deadlines
as follows:
Event
Expert Disclosures

Current Deadline
March 17, 2015

Proposed Deadline
May 14, 2015

Supplemental and Rebuttal
Expert Disclosures
Close of Fact and Expert
Discovery
Case Management
Conference
Deadline for Dispositive
Motions to Be Heard
Motions in Limine

April 7, 2015

June 4, 2015

May 5, 2015

June 15, 2015

May 14, 2015

June 18, 2015

May 28, 2015

August 6, 2015

June 11, 2015

September 17, 2015

Oppositions to Motions in
Limine
Final Pretrial Conference

June 18, 2015

September 24, 2015

June 25, 2015

October 8, 2015

Trial to Commence

July 13, 2015

November 9, 2015

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: March 20, 2015.

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MORGAN, LEWIS & BOCKIUS LLP
DARYL S. LANDY
MICHAEL J. PUMA
ELEANOR R. FARRELL

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By:

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/s/Michael J. Puma
Michael J. Puma
Attorneys for Defendant
THE HERSHEY COMPANY

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DATED: March 20, 2015.

BRANDI LAW FIRM
THOMAS J. BRANDI
BRIAN J. MALLOY

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER TO
EXTEND CERTAIN DEADLINES
CASE NO.: 3:14-CV-01184 RS

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HOBAN & FEOLA, LLC
DAVID C. FEOLA

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/s/ David C. Feola
David C. Feola

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Attorneys for Plaintiffs

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By:

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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3/23/15
DATED: ___________________

Hon. Richard Seeborg
United States District Court Judge

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER TO
EXTEND CERTAIN DEADLINES
CASE NO.: 3:14-CV-01184 RS