Bautista v. Valero Energy Corporation et al

Filing 131

STIPULATION AND ORDER RE 130 for Order Changing Certain Deadlines in the Court's Further Case Management Scheduling Order. Signed by Judge Richard Seeborg on 1/16/18. (cl, COURT STAFF) (Filed on 1/16/2018)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 STUART A. DAVIDSON (pro hac vice)
CHRISTOPHER C. GOLD (pro hac vice)
3
JASON H. ALPERSTEIN (pro hac vice)
4 120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
5 Telephone: [phone]
561/750-3364 (fax)
6 [e-mail]
[e-mail]
7 [e-mail]
8 HOBSON, BERNARDINO & DAVIS, LLP
RAFAEL BERNARDINO, JR. (SBN 118690)
9 JASON A. HOBSON (SBN 184134)
725 South Figueroa Street, Suite 3230
10 Los Angeles, California 90017
Telephone: [phone]
11 Fax: [phone]
[e-mail]
12 [e-mail]
13 Attorneys for Plaintiff and the Class
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FAITH BAUTISTA, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,

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v.

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VALERO MARKETING AND SUPPLY
COMPANY,

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1351412_1

Defendant.

Case No. 3:15-CV-05557-RS
ORDER
STIPULATED REQUEST FOR ORDER
CHANGING CERTAIN DEADLINES IN THE
COURT’S FURTHER CASE MANAGEMENT
SCHEDULING ORDER
Accompanying Documents:
1. Declaration of Christopher C. Gold

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Pursuant to L.R. 6-2, Plaintiff Faith Bautista (“Plaintiff”) and Defendant Valero Marketing

2 and Fuel Supply (“Valero”) respectfully submit this stipulated request for an Order changing certain
3 deadlines in the Court’s Further Case Management Scheduling Order (ECF No. 128, the “Order”).
4

During the Case Management Conference on November 9, 2017, the Court urged the parties

5 to make an attempt at alternative dispute resolution well before the August 4, 2018 deadline set in
6 the Order. The parties thereafter began mediation discussions, and, on December 4, 2017, the parties
7 filed a supplemental case management report, ECF No. 129, to advise the Court that, in light of the
8 ongoing mediation discussions, the parties intended to hold class notice in abeyance pending
9 mediation (although the Order did not set a class notice deadline).
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The parties ultimately scheduled private mediation to be held on February 28, 2018. If the

11 mediation is successful in resolving this case, it will become unnecessary for the parties to conduct
12 expert discovery, as provided in the Order. To meet the current expert witness deadlines in the
13 Order, however, the parties would have to begin expending resources on expert discovery
14 immediately. Thus, in order to conserve the resources of the parties and the certified Class, the
15 parties respectfully request that the expert witness deadlines in the Order be changed as follows:


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Federal Rule of Civil Procedure 26(a)(2).


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On or before June 22, 2018, parties will designate their supplemental and rebuttal
experts in accordance with Federal Rule of Civil Procedure 26(a)(2).



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On or before May 22, 2018, parties will designate experts in accordance with

On or before July 30, 2018, all discovery of expert witnesses pursuant to Federal
Rule of Civil Procedure 26(b)(4) shall be completed.

Because the aforementioned modifications could impact any pretrial motions that may be

23 filed if mediation is unsuccessful, the parties further respectfully request that the last day for hearing
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24 on pretrial motions in the Order be changed from June 14, 2018 to August 13, 2018 (provided that
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25 the parties remain free to bring motions for hearing sooner than August 13, 2018).
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The parties do not believe that the requested modifications will affect the other dates set in

27 the Order.
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1351412_1

STIPULATED REQUEST FOR ORDER CHANGING CERTAIN DEADLINES IN THE COURT’S
FURTHER CASE MANAGEMENT SCHEDULING ORDER – Case No. 3:15-CV-05557-RS

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1 SO STIPULATED.
2 Dated: January 16, 2018

ROBBINS GELLER RUDMAN
& DOWD LLP
STUART A. DAVIDSON (pro hac vice)
CHRISTOPHER C. GOLD (pro hac vice)
JASON ALPERSTEIN (pro hac vice)
120 East Palmetto Park Road, Suite 500
Boca Raton, Florida 33432
Telephone: [phone]
Fax: [phone]

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/s/ Christopher C. Gold
Christopher C. Gold

By:

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HOBSON, BERNARDINO & DAVIS, LLP
RAFAEL BERNARDINO, JR. (SBN 118690)
JASON A. HOBSON (SBN 184134)
725 South Figueroa Street, Suite 3230
Los Angeles, California 90017
Telephone: [phone]
Fax: [phone]

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Attorneys for Plaintiff and the Class
GLYNN & FINLEY, LLP
ADAM FRIEDENBERG
ROBERT C. PHELPS
LAUREN E. WOOD
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone: [phone]
Fax: [phone]

14 Dated: January 16, 2018
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/s/ Adam Friedenberg
Adam Friedenberg

By:

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Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: ____________________
1/16/18
Richard Seeborg
United States District Court Judge

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1351412_1

STIPULATED REQUEST FOR ORDER CHANGING CERTAIN DEADLINES IN THE COURT’S
FURTHER CASE MANAGEMENT SCHEDULING ORDER – Case No. 3:15-CV-05557-RS

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