Dennis M. Lorenz v. Safeway, Inc. et al
Filing
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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)
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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:
(415) 788-3111
Facsimile:
(415) 421-2017
E-mail: bhuss@truckerhuss.com
agarrett@truckerhuss.com
drudolph@truckerhuss.com
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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Joseph C. Faucher, SBN 137353
TRUCKER HUSS
A Professional Corporation
633 W. 5th Street, 26th Floor
Los Angeles, California 90071
Telephone: (213) 537-1016
Facsimile:
(213) 537-1020
E-mail: jfaucher@truckerhuss.com
Attorneys for Defendants
SAFEWAY INC. and SAFEWAY BENEFIT
PLANS COMMITTEE
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO
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DENNIS M. LORENZ, Individually and On
Behalf of All Others Similarly Situated,
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Plaintiff,
Case No. 3:16-cv-04903-JST
JOINT STIPULATION TO CONTINUE
CASE DEADLINES; [PROPOSED] ORDER
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vs.
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SAFEWAY, INC.; SAFEWAY BENEFIT
PLANS COMMITTEE; GREAT-WEST
FINANCIAL RPS LLC; and DOES 1 through
50, inclusive,
Defendants.
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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
170866.v1
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Plaintiff, Dennis M. Lorenz (“Plaintiff”), and Defendants, Safeway Inc. (“Safeway”) and
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Safeway Benefit Plans Committee (“Benefit Plans Committee”), collectively (“Defendants”),
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through their counsel, hereby stipulate and agree that:
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WHEREAS, the initial complaint was filed against Safeway Inc., the Benefits Plans
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Committee Safeway Inc. and Great-West Financial RFS LLC (“Great-West”) on August 25, 2016;
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WHEREAS, the Court dismissed the claims against Great-West with prejudice and
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consequently removed Great-West as a defendant in this action on March 13, 2017 (ECF No. 58);
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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
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WHEREAS, after the scheduling order was issued, Plaintiff filed a third amended complaint
on March 31, 2017;
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WHEREAS, the Plaintiff and Defendants have exchanged certain initial disclosures, have
engaged in written discovery and have been in the process of scheduling depositions;
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WHEREAS, the Parties have been working diligently and cooperatively to prepare this case
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for trial, while also pursuing their efforts in a manner designed to avoid imposing undue burdens or
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expenses on any of the Parties;
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WHEREAS, in light of the above and despite the Parties’ diligent efforts to cooperate, the
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Parties believe that the current schedule will not provide adequate time to complete discovery,
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expert disclosures, dispositive motions, and trial;
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WHEREAS, the Parties have not previously requested any extensions of the pretrial or
trial dates in this case;
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WHEREAS, in the related case of Maria Karla Terraza v. Safeway Inc., et al. (No. 16-cv-
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03994-JST) (see Docket No. 26), the Court entered an order providing for a ninety (90) day
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continuance of the deadlines for expert and fact discovery and to file dispositive motions (see ECF
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No. 108 in Terraza) on November 30, 2017;
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WHEREAS, the Court in the Terraza action also ordered that the next Case Management
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Conference be held on January 24, 2018, at 2:00 pm., the Pretrial Conference be held on September
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7, 2018, at 2 p.m. with the joint pretrial conference statement due on or before August 28, 2018, and
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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
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that trial shall commence on October 22, 2018, with eight (8) days reserved for trial;
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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)
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WHEREAS, the Parties have agreed that good cause exists for an order setting all the dates,
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including the pretrial and trial dates, to the dates set in in the Terraza action because the issues in
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these two actions overlap;
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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
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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April 12, 2018
Deadline for expert disclosures
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May 2, 2018
Deadline for expert rebuttal
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May 21, 2018
Deadline to complete expert discovery
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June 15, 2018
Deadline to file dispositive motions
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September 5, 2018
Deadline to file pretrial conference statement
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September __, 2018, at 2 p.m.
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Pretrial Conference
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October __, 2018
Trial (eight court days)
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TRUCKER HUSS
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Dated: December 15, 2017
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SCHNEIDER, WALLACE, COTTRELL, KONECKY,
WOTKYNS, LLP
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By:/s/ R. Bradford Huss
R. Bradford Huss
Attorneys for Defendants SAFEWAY INC. and
SAFEWAY BENEFIT PLANS COMMITTEE
Dated: December 15, 2017
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By:/s/ Kyle Bates
Kyle Bates
Attorneys for Plaintiff, Dennis M. Lorenz
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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
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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.
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/s/ R. Bradford Huss
R. Bradford Huss
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
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[PROPOSED] ORDER
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IT SO ORDERED.
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September 7
The Pretrial Conference shall be held on ___________________, 2018, at 2 p.m., and the
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October 22
trial shall commence on ________________, 2018, with eight (8) days reserved for trial. The
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August 28, 2018
parties shall file a joint pretrial conference statement on or before __________________.
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DATED: December 18, 2017
Jon S. Tigar
Judge of the United States District Court
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
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