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

Filing 84

STIPULATION AND ORDER re 83 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE DEADLINES filed by Safeway Benefit Plans Committee, Safeway, Inc. Deadline to complete fact discovery 4/27/2018. Deadline for expert disclosures 5/11/2018. Deadline for expert rebuttal 5/30/2018. Deadline to complete expert discovery 6/8/2018. Deadline to file dispositive motions 6/21/2018. Signed by Judge Jon S. Tigar on February 21, 2018. (wsn, COURT STAFF) (Filed on 2/21/2018)

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TRUCKER  HUSS
R. Bradford Huss
Angel L. Garrett
Dylan D. Rudolph
One Embarcadero Center, 12th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Todd M. Schneider (SBN 158253)
Jason H. Kim (SBN 220279)
Kyle G. Bates (SBN 299114)
SCHNEIDER WALLACE
COTTRELL KONECKY
WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

Joseph C. Faucher, No. 137353
633 W. 5th Street, 28th Floor
Los Angeles, California 90071
Telephone:
[phone]
Facsimile:
[phone]
E-mail:[e-mail]

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

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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,

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

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

Assigned to Hon. Jon S. Tigar

Defendants.

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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
173027.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, Plaintiff filed a complaint against Defendants and Great-West Financial RPS
LLC (“Great-West”) on August 25, 2016;

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WHEREAS, Plaintiff filed an Amended Complaint on September 16, 2016 (Docket No. 7);

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WHEREAS, Plaintiff filed a Second Amended Complaint on November 21, 2016 (Docket

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No. 31);

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

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WHEREAS, the Court dismissed the claims against Great-West with prejudice and
consequently removed Great-West as a defendant in this action on March 13, 2017 (Docket No. 58);

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WHEREAS, Plaintiff filed a Third Amended Complaint on March 31, 2017 (Docket No.
66);

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WHEREAS, after the Court found this matter to be related to the case of Maria Karla

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Terraza v. Safeway Inc., et al. (No. 16-cv-03994-JST) (see Docket No. 26), the Parties in this matter

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and Terraza streamlined their discovery process;

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WHEREAS, the Parties have exchanged initial disclosures, engaged in written discovery,
and are in the process of scheduling depositions;

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WHEREAS, based on the initial disclosures and the deposition notice the plaintiff in

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Terraza served on Defendants, it is estimated that numerous depositions may be scheduled for

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mutually agreeable dates and times;

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WHEREAS, although the Parties have been working diligently and cooperatively in the

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discovery process and in preparing this case for trial, the Parties believe that, given the number of

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depositions and the scope of discovery, the current schedule does not provide adequate time to

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complete discovery and submit dispositive motions. The Parties therefore respectfully request that

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the Court continue the case deadlines as detailed below;

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WHEREAS, the Parties have previously made one request to extend the deadlines for

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completing discovery and filing dispositive motions, and the pretrial and trial dates (Dkt. 78);

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WHEREAS, the Parties do not propose any change in the trial schedule or the remainder of
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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
173027.v1

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the pretrial schedule;

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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:

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April 27, 2018 − Deadline to complete fact discovery

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May 11, 2018 − Deadline for expert disclosures

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May 30, 2018 − Deadline for expert rebuttal

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June 8, 2018 − Deadline to complete expert discovery

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June 21, 2018 − Deadline to file dispositive motions

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

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IT IS SO STIPULATED.
DATED: February 16, 2018

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

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Dated: February 16, 2018

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By: /s/Kyle G. Bates________________
Kyle G. Bates
Attorneys for Plaintiff
DENNIS M. LORENZ

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SCHNEIDER, WALLACE, COTTRELL, KONECKY,
WOTKYNS, LLP

I attest that my firm has obtained concurrence in the filing of this document from Kyle G. Bates.
DATED: February 16, 2018

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TRUCKER  HUSS

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

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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
173027.v1

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[PROPOSED] ORDER

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Good cause exists for an order continuing the deadlines for completing fact and expert

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discovery, including submitting expert disclosures and rebuttals, and filing dispositive motions to

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the following dates:

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April 27, 2018 − Deadline to complete fact discovery

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May 11, 2018 − Deadline for expert disclosures

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May 30, 2018 − Deadline for expert rebuttal

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June 8, 2018 − Deadline to complete expert discovery

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June 21, 2018 − Deadline to file dispositive motions

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

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DATED:

February 21, 208
Hon. Jon S. Tigar
United States District

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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER;
Case No. 3:16-CV-04903-JST
173027.v1