California Service Employees Health & Welfare Trust Fund et al v. Gateway Frontline Services, Inc., d/b/a Gateway Group One

Filing 44

ORDER granting 43 STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES FOR A PROTECTIVE ORDER. Dispositive Motions to be heard due by 8/23/2017. Pretrial Conference set for 10/10/2017 02:00 PM in Courtroom 12, 19th Floor, San Francisco. Bench Trial set for 11/1/2017 08:00 AM before Hon. William H. Orrick. Signed by Judge William H. Orrick on 04/25/2017. (jmdS, COURT STAFF) (Filed on 4/25/2017)

ANNE M. BEVINGTON (SBN 111320)
1 [e-mail]
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
5 Attorneys for Plaintiffs
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DANIEL A. ADLONG (SBN 262301)
7 [e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
8 Park Tower Suite 1500
695 Town Center Drive
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Costa Mesa, CA 92626
10 [phone]
[phone] – Facsimile
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV 15-00973-WHO

CALIFORNIA SERVICE EMPLOYEES
16 HEALTH & WELFARE TRUST FUND,
DAVID HUERTAS, Trustee, CHARLES
17 GILCHRIST, Trustee, DAVID STILWELL,
Trustee, RAYMOND C. NANN, Trustee, and
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LARRY T. SMITH, Trustee,
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Plaintiffs,
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vs.
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STIPULATION AND JOINT REQUEST
TO MODIFY PRETRIAL AND TRIAL
DATES FOR A PROTECTIVE ORDER;
ORDER

Complaint Filed: March 2, 2015
Trial Date: September 20, 2017

22 GATEWAY FRONTLINE SERVICES, INC.,
doing business as GATEWAY GROUP ONE, a
23 New Jersey corporation,
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Defendant.

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-1STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES AND FOR A PROTECTIVE ORDER;
ORDER; Case No. CV 15-00973-WHO
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The parties to this action, by and through their respective counsel, stipulate and jointly

3 request that the impending pretrial and trial dates be continued, and that a protective order issue, as
4 set forth below. Good cause exists for the granting of this request for the following reasons:
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1. On April 19, 2017, the parties attended a settlement conference with the Hon. Maria-

6 Elena James. A subsequent settlement conference was scheduled for June 20, 2017 (Dkt No. 42).
7 To accommodate the settlement activities, the parties stipulate and request the following changes
8 to the existing case management schedule.
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2. That the hearing date for dispositive motions be continued from July 5, 2017, to August

10 23, 2017, with briefs to be filed as follows:
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a. Motions to be filed by July 21, 2017;

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b. Oppositions to be filed by August 4, 2017; and

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c. Replies to be filed by August 11, 2017.

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3. That the pretrial conference scheduled for August 29, 2017, at 2:00 p.m., be continued

15 to October 10, 2017, at 2:00 p.m.
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4. That the bench trial scheduled for September 20, 2017, at 8:00 a.m., be continued to

17 November 1, 2017, at 8:00 a.m.
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5. To facilitate settlement discussions, defendant may provide certain documents to the

19 plaintiffs that contain confidential or proprietary information. The parties therefore stipulate to a
20 protective order as follows:
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a. A party producing documents for purposes of settlement negotiations may
designate such documents as “Confidential.”
b. Documents designated as Confidential (“Confidential Documents”) shall be used

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by the receiving party only for attempting to settle this litigation. Confidential Documents may be

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disclosed only to the categories of persons and under the conditions described in this order.

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-2STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES AND FOR A PROTECTIVE ORDER;
ORDER; Case No. CV 15-00973-WHO
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c. Unless otherwise ordered by the Court or permitted in writing by the producing
party, a receiving party may disclose Confidential Documents only to:
1. The receiving party’s counsel of record in this action, as well as employees of

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said counsel of record to whom it is reasonably necessary to disclose the information for this

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litigation;

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2. The officers, directors, employees (including in-house counsel) and trustees of
the receiving party to whom disclosure is reasonably necessary for this litigation;
3. Experts and consultants of the receiving party to whom disclosure is reasonably
necessary for this litigation and who have agreed in writing to be bound by this protective order;

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4. The Court and its personnel; and

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5. Regulatory authorities to whom the receiving party is required by applicable

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law to make disclosure.
d. The prohibitions on use and disclosure of Confidential Documents are not

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applicable to documents that (1) are in the public domain at the time of disclosure or that become

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part of the public domain after disclosure to a receiving party as a result of publication not

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involving a violation of this order, including becoming part of the public record through trial or

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otherwise; or (2) are already in the possession of the receiving party before the disclosure or

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obtained by the receiving party after the disclosure from a source who obtained the Confidential

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Documents lawfully and under no obligation of confidentiality to the producing party.

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SO STIPULATED.

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-3STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES AND FOR A PROTECTIVE ORDER;
ORDER; Case No. CV 15-00973-WHO
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Dated: April 25, 2017

/s/ Anne M. Bevington
ANNE M. BEVINGTON
Saltzman & Johnson Law Corporation
Attorneys for Plaintiffs

Dated: April 25, 2017

/s/ Daniel A. Adlong
Daniel A. Adlong
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Attorneys for Defendants

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CERTIFICATION RE SIGNATURES
I attest that concurrence in the filing of this stipulation has been obtained from Daniel A.

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Dated: April 24, 2017
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/s/ Anne M. Bevington
Anne M. Bevington
Saltzman & Johnson Law Corporation
Attorneys for Plaintiff

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ORDER

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Based on the foregoing, and good cause appearing, IT IS HEREBY ORDERED that the

19 pretrial and trial dates be modified as follows:
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1. The hearing date for dispositive motions is continued from July 5, 2017, to August 23,
2017, with briefs to be filed as follows:

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a. Motions to be filed by July 21, 2017;

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b. Oppositions to be filed by August 4, 2017; and

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c. Replies to be filed by August 11, 2017.

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2. The pretrial conference scheduled for August 29, 2017, at 2:00 p.m., is continued to

26 October 10, 2017, at 2:00 p.m.; and
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-4STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES AND FOR A PROTECTIVE ORDER;
ORDER; Case No. CV 15-00973-WHO
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3. The bench trial scheduled for September 20, 2017, at 8:00 a.m., is continued to

2 November 1, 2017, at 8:00 a.m.
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IT IS FURTHER ORDERED that the Court hereby issues a protective order over

4 documents produced in settlement negotiations on the terms set forth in Paragraph 5 of the above
5 stipulation.
6 IT IS SO ORDERED.
Date: April 25, 2017
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____________________________________________
THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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ORDER; Case No. CV 15-00973-WHO
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