Mendoza v. Fonseca McElroy Grinding Co. Inc. et al

Filing 48

ORDER granting 47 STIPULATION to Extend Fact and Expert Discovery Cut-Off Dates. Fact discovery cutoff: 1/31/2017. Signed by Judge William H. Orrick on 10/17/2016. (jmdS, COURT STAFF) (Filed on 10/17/2016)

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TOMAS MARGAIN, Bar No. 193555
Justice at Work Law Group
84 W. Santa Clara St., Ste. 790
San Jose, CA 95113
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs
LEOPOLDO PENA MENDOZA, ELVIZ SANCHEZ
and JOSE ARMANDO CORTES
PAUL V. SIMPSON, BAR NO. 83878
SIMPSON, GARRITY, INNES & JACUZZI
Professional Corporation

601 Gateway Boulevard, Suite 950
South San Francisco, CA 94080
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant
GRANITE ROCK COMPANY.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEOPOLDO PENA MENDOZA, ELVIZ
SANCHEZ AND JOSE ARMANDO
CORTES,

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Case No. 15-CV-05143-WHO
STIPULATION & ORDER TO EXTEND FACT
AND EXPERT DISCOVERY CUT-OFF
DATES

Plaintiff,

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HON. WILLIAM H. ORRICK

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v.

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FONSECA McELROY GRINDING CO.
INC. and GRANITE ROCK COMPANY;
Defendants.

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{30234-11 00392907.DOCX 1 }

STIPULATION & ORDER TO EXTEND FACTS AND
EXPERT DISCOVERY CUT-OFF DATES

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WHEREAS, the fact discovery cut-off date in this matter is November 1, 2016 and the expert
discovery cut-off date is November 30, 2016;
WHEREAS, the parties have filed cross- motions for partial summary judgment, which are
set for hearing on October 26, 2016, on the discrete legal issue of whether traveling to and from a
public works project under the facts in this case is covered by prevailing wage obligations and if so
if Plaintiffs were properly compensated;
WHEREAS the parties have scheduled a mediation in this matter with mediator Ray Wong
for November 29, 2016; and
WHEREAS this matter is set for a bench trial on May 8, 2017;
THEREFORE, in order to provide the parties with ample time to conduct discovery if they
are not able to resolve this matter at mediation, the parties hereby stipulate and agree to continue the
fact discovery cut-off date to January 31, 2017 and to continue the expert discovery cut-off date to
February 15, 2016, with expert disclosure on or before January 15, 2016.
IT IS SO STIPULATED
Dated: October 17, 2016

//s// Tomas Margain
TOMAS MARGAIN
Counsel for Plaintiffs LEOPOLDO PENA
MENDOZA, ELVIZ SANCHEZ and JOSE
ARMANDO CORTES

Dated: October 17, 2016

//s// Paul V. Simpson
PAUL V. SIMPSON
Counsel for Defendant GRANITE ROCK
COMPANY

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{30234-11 00392907.DOCX 1 }

STIPULATION & ORDER TO EXTEND FACTS AND
EXPERT DISCOVERY CUT-OFF DATES

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.

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ORDER

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IT IS HEREBY ORDERED pursuant to the parties’ Stipulation, and Good Cause appearing

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therefore, that the fact discovery cut-off date in this matter is continued to January 31, 2017 and that

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the expert discovery cut-off date is continued to February 15, 2016, with expert disclosure on or

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before January 15, 2016.
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IT IS SO ORDERED:
Dated: October 17, 2016
By:

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WILLIAM H. ORRICK
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UNITED STATES DISTRICT COURT
JUDGE

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{30234-11 00392907.DOCX 1 }

STIPULATION & ORDER TO EXTEND FACTS AND
EXPERT DISCOVERY CUT-OFF DATES

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