Ambrosia et al v. Cogent Communications, Inc.
Filing
149
STIPULATION AND ORDER RE 148 to (1) Extend Deadlines for Expert and Non-Expert Discovery and for Filing Dispositive Motions, and (2) Continue Case Management Conference. Case Management Statement due by 2/16/2017. Further Case Management Conference set for 2/23/2017 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/20/16. (cl, COURT STAFF) (Filed on 9/20/2016)
1
2
3
4
5
6
7
8
9
10
11
12
HAYNES AND BOONE, LLP
Tamara I. Devitt/Bar No. 209683
tamara.devitt@haynesboone.com
Mary-Christine Sungaila/Bar No. 156795
mc.sungaila@haynesboone.com
Kimberly A. Chase/Bar No. 253311
kimberly.chase@haynesboone.com
Matthew E. Costello/Bar No. 295062
matthew.costello@haynesboone.com
600 Anton Boulevard, Suite 700
Costa Mesa, California 92626
T: (949) 202-3000 | F: (949) 202-3001
HAYNES AND BOONE, LLP
Meghaan C. Madriz (pro hac vice)
meghaan.madriz@haynesboone.com
1221 McKinney Street, Suite 2100
Houston, Texas 77010
T: (713) 547-2000 | F: (713) 547-2600
13
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.
14
(Additional Counsel on Following Page)
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
18
19
JOAN AMBROSIO et al., on behalf of
themselves and those similarly situated,
20
21
22
Plaintiffs,
vs.
COGENT COMMUNICATIONS, INC.,
23
Defendant.
24
25
26
27
Case No. 3:14-cv-02182-RS
Assigned to:
U.S. District Judge Richard Seeborg
STIPULATION TO: (1) EXTEND
DEADLINES FOR EXPERT AND NONEXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS,
AND (2) CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Complaint filed:
Trail date:
May 12, 2014
May 22, 2017
28
Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE
1
2
3
4
5
6
7
8
9
10
11
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
Thomas E. Duckworth/Bar No. 152369
tom@dplolaw.com
Monique Olivier/Bar No. 190385
monique@dplolaw.com
100 Bush Street, Suite 1800
San Francisco, California 94104
T: (415) 433-0333 | F: (415) 449-6556
SHELLIST | LAZARZ | SLOBIN LLP
Todd Slobin (pro hac vice)
tslobin@eeoc.net
11 Greenway Plaza, Suite 1515
Houston, Texas 77046
T: (713) 621-2277 | F: (713) 621-0993
Attorneys for Plaintiffs
JOAN AMBROSIO, ET AL.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE
STIPULATION
1
2
Plaintiffs Joan Ambrosio, et al. (“Plaintiffs”) and Defendant Cogent Communications,
3
Inc. (“Defendant”) (collectively, the “Parties”), by and through their counsel of record, hereby
4
stipulate as follows:
5
WHEREAS, on March 17, 2016, the Court issued a Further Case Management
6
Scheduling Order setting forth the following deadlines: (i) deadline to designate experts:
7
September 30, 2016; (ii) deadline to designate supplemental/rebuttal experts: October 28, 2016;
8
(iii) deadline to file further case management statement: December 1, 2016; (iv) deadline to
9
complete expert and non-expert discovery: December 2, 2016; (v) further case management
10
conference: December 8, 2016; and (vi) deadline to file dispositive pretrial motions: March 2,
11
2017. (ECF No. 110.)
12
13
WHEREAS, on March 25, 2016, Defendant filed a Motion to Compel Arbitration,
Dismiss Claims, and Amend Class Definition (“Motion to Compel Arbitration”). (ECF No. 112.)
14
WHEREAS, on March 28, 2016, the Court issued a Further Case Management
15
Scheduling Order governing the scope of post-certification discovery that, among other
16
limitations, provided that Defendant is entitled to depose twelve (12) percent of the class and
17
propound interrogatories on twenty (20) class members. (ECF No. 115.)
18
19
WHEREAS, the hearing on Defendant’s Motion to Compel Arbitration was held on
May 12, 2016. (ECF No. 124.)
20
WHEREAS, on May 27, 2016, the Court ordered the parties to submit supplemental
21
briefing on the rationale and application of Lewis v. Epic Systems Corp., No. 15-2997, 2016 U.S.
22
App. LEXIS 9638 (7th Cir. May 26, 2016), to Defendant’s Motion to Compel Arbitration.
23
(ECF No. 127.)
24
25
26
27
WHEREAS, on August 5, 2016, the Court issued an order denying Defendant’s Motion
to Compel Arbitration. (ECF No. 139.)
WHEREAS, the Parties have scheduled a private mediation conference for December 12,
2016 to attempt to resolve this matter short of trial.
28
1
Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE
1
WHEREAS, (i) given the timing of the Court’s order denying Defendant’s Motion to
2
Compel Arbitration in relation to the current discovery deadlines, and (ii) to conserve party and
3
judicial resources prior to the December 2016 mediation session, the Parties agree that there is
4
good cause for a reasonable continuance of the foregoing deadlines.
5
NOW, THEREFORE, the Parties, by and through their counsel of record, hereby
6
stipulate, subject to approval of the Court, to the following revised discovery and law and
7
motion schedule. The pre-trial and trial dates remain unchanged:
8
December 30, 2016
Deadline to designate experts
10
January 30, 2017
Deadline to designate supplemental/rebuttal experts
11
February 15, 2017
Deadline to complete expert and non-expert discovery
12
February 16, 2017
Deadline to file joint case management statement
13
February 23, 2017, 10:00 a.m.
Further case management conference
14
March 30, 2017
Deadline to hear dispositive pretrial motions
15
May 4, 2017
Pre-trial conference (unchanged)
16
May 22, 2017
Trial (unchanged)
9
17
18
IT IS SO STIPULATED.
Respectfully submitted,
19
20
Date: September 19, 2016
HAYNES AND BOONE, LLP
By:
21
22
23
24
/s/ Matthew E. Costello
Matthew E. Costello
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.
*I, Matthew E. Costello, attest that Monique Olivier
has concurred in the filing of this document.
(Civil L.R. 5-1(i).)
25
26
27
28
Date: September 19, 2016
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
By:
/s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs
JOAN AMBROSIO, ET AL.
2
Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) EXTEND DEADLINES FOR EXPERT AND NON-EXPERT DISCOVERY AND FOR
FILING DISPOSITIVE MOTIONS, AND (2) CONTINUE CASE MANAGEMENT CONFERENCE
[PROPOSED] ORDER
1
2
PURSUANT TO STIPULATION:
3
The Court’s Further Case Management Scheduling Order, dated March 17, 2016 (ECF
4
No. 110) (“Scheduling Order”) shall be amended as follows:
5
6
December 30, 2016
Deadline to designate experts
7
January 30, 2017
Deadline to designate supplemental/rebuttal experts
8
February 15, 2017
Deadline to complete expert and non-expert discovery
9
February 16, 2017
Deadline to file joint case management statement
10
February 23, 2017, 10:00 a.m.
Further case management conference
11
March 30, 2017
Deadline to hear dispositive pretrial motions
12
May 4, 2017
Pre-trial conference (unchanged)
13
May 22, 2017
Trial (unchanged)
14
15
IT IS SO ORDERED.
16
17
18
19
Date: ________________________
9/20/16
__________________________________
Judge Richard Seeborg
United States District Court
20
21
22
23
24
25
26
27
28
1
[PROPOSED] ORDER
Case No. 3:14-cv-02182-RS
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?