Dennis M. Lorenz v. Safeway, Inc. et al

Filing 79

STIPULATION AND ORDER re 78 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Case Deadlines filed by Safeway Benefit Plans Committee, Safeway, Inc. Final Pretrial Conference set for 9/7/2018 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 10/22/2018 - 11/1/2018 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on December 18, 2017. (wsn, COURT STAFF) (Filed on 12/18/2017)

1
2
3
4
5
6

R. Bradford Huss, SBN 71303
Angel L. Garrett, SBN 255682
Dylan D. Rudolph, SBN 278707
TRUCKER  HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

7
8
9

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

10
11
12
13

Joseph C. Faucher, SBN 137353
TRUCKER  HUSS
A Professional Corporation
633 W. 5th Street, 26th Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile:
[phone]
E-mail: [e-mail]
Attorneys for Defendants
SAFEWAY INC. and SAFEWAY BENEFIT
PLANS COMMITTEE

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO

17
18

DENNIS M. LORENZ, Individually and On
Behalf of All Others Similarly Situated,

19
Plaintiff,

Case No. 3:16-cv-04903-JST
JOINT STIPULATION TO CONTINUE
CASE DEADLINES; [PROPOSED] ORDER

20
vs.
21
22
23

SAFEWAY, INC.; SAFEWAY BENEFIT
PLANS COMMITTEE; GREAT-WEST
FINANCIAL RPS LLC; and DOES 1 through
50, inclusive,
Defendants.

24
25
26
27
28

JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
170866.v1

1

1

Plaintiff, Dennis M. Lorenz (“Plaintiff”), and Defendants, Safeway Inc. (“Safeway”) and

2

Safeway Benefit Plans Committee (“Benefit Plans Committee”), collectively (“Defendants”),

3

through their counsel, hereby stipulate and agree that:

4

WHEREAS, the initial complaint was filed against Safeway Inc., the Benefits Plans

5

Committee Safeway Inc. and Great-West Financial RFS LLC (“Great-West”) on August 25, 2016;

6

WHEREAS, the Court dismissed the claims against Great-West with prejudice and

7

consequently removed Great-West as a defendant in this action on March 13, 2017 (ECF No. 58);

8
9

WHEREAS, the Rule 16(b) conference was held, and the Court then issued the current
scheduling order on March 15, 2017 (ECF No. 60), setting the discovery, pre-trial and trial dates;

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

10
11

WHEREAS, after the scheduling order was issued, Plaintiff filed a third amended complaint
on March 31, 2017;

12
13

WHEREAS, the Plaintiff and Defendants have exchanged certain initial disclosures, have
engaged in written discovery and have been in the process of scheduling depositions;

14

WHEREAS, the Parties have been working diligently and cooperatively to prepare this case

15

for trial, while also pursuing their efforts in a manner designed to avoid imposing undue burdens or

16

expenses on any of the Parties;

17

WHEREAS, in light of the above and despite the Parties’ diligent efforts to cooperate, the

18

Parties believe that the current schedule will not provide adequate time to complete discovery,

19

expert disclosures, dispositive motions, and trial;

20
21

WHEREAS, the Parties have not previously requested any extensions of the pretrial or
trial dates in this case;

22

WHEREAS, in the related case of Maria Karla Terraza v. Safeway Inc., et al. (No. 16-cv-

23

03994-JST) (see Docket No. 26), the Court entered an order providing for a ninety (90) day

24

continuance of the deadlines for expert and fact discovery and to file dispositive motions (see ECF

25

No. 108 in Terraza) on November 30, 2017;

26

WHEREAS, the Court in the Terraza action also ordered that the next Case Management

27

Conference be held on January 24, 2018, at 2:00 pm., the Pretrial Conference be held on September

28

7, 2018, at 2 p.m. with the joint pretrial conference statement due on or before August 28, 2018, and
2

JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
170866.v1

1

that trial shall commence on October 22, 2018, with eight (8) days reserved for trial;

2
3

WHEREAS, the Court in this action also ordered that the next Case Management
Conference be held on January 24, 2018, at 2:00 pm. (ECF No. 74.1)

4

WHEREAS, the Parties have agreed that good cause exists for an order setting all the dates,

5

including the pretrial and trial dates, to the dates set in in the Terraza action because the issues in

6

these two actions overlap;

7
8

NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate, subject
to the approval of the Court, to the following schedule:
March 22, 2018

Deadline to complete fact discovery

10
Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

9

April 12, 2018

Deadline for expert disclosures

11

May 2, 2018

Deadline for expert rebuttal

12

May 21, 2018

Deadline to complete expert discovery

13

June 15, 2018

Deadline to file dispositive motions

14

September 5, 2018

Deadline to file pretrial conference statement

15

September __, 2018, at 2 p.m.
7

Pretrial Conference

16

22
October __, 2018

Trial (eight court days)

17

TRUCKER  HUSS

18
19

Dated: December 15, 2017

20
21
22

SCHNEIDER, WALLACE, COTTRELL, KONECKY,
WOTKYNS, LLP

23
24

By:/s/ R. Bradford Huss
R. Bradford Huss
Attorneys for Defendants SAFEWAY INC. and
SAFEWAY BENEFIT PLANS COMMITTEE

Dated: December 15, 2017

25
26

By:/s/ Kyle Bates
Kyle Bates
Attorneys for Plaintiff, Dennis M. Lorenz

27
28
JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
170866.v1

3

1

Pursuant to L.R. 5-1(i)(3) regarding signatures, I, R. Bradford Huss, attest that concurrence in the
filing of this document has been obtained from each of the other signatories.

2
3

/s/ R. Bradford Huss
R. Bradford Huss

4
5
6
7
8
9

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
170866.v1

4

1

[PROPOSED] ORDER

2

IT SO ORDERED.

3

September 7
The Pretrial Conference shall be held on ___________________, 2018, at 2 p.m., and the

4

October 22
trial shall commence on ________________, 2018, with eight (8) days reserved for trial. The

5

August 28, 2018
parties shall file a joint pretrial conference statement on or before __________________.

6
7

DATED: December 18, 2017
Jon S. Tigar
Judge of the United States District Court

8
9

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
170866.v1

5