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

Filing 92

STIPULATION AND ORDER re 91 Joint Stipulation to Continue Case Deadlines [Proposed] Order filed by Safeway Benefit Plans Committee, Safeway, Inc. Deadline to complete fact discovery 5/3/2018. Deadline for expert disclosures 5/22/2018. Deadline for expert rebuttal 6/8/2018. Deadline to complete expert discovery 6/20/2018. Deadline to file dispositive motions 6/28/2018. Signed by Judge Jon S. Tigar on April 27, 2018. (wsn, COURT STAFF) (Filed on 4/27/2018)

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

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SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS, LLP
Kyle G. Bates (SBN 299114)
Todd M. Schneider (SBN 158253)
James A. Bloom (SBN 311051)
Scott L. Gordon (SBN 319872)
Mark T. Johnson (SBN 76904)
Jason H. Kim (SBN 220279)
2000 Powell Street, Ste. 1400
Emeryville, CA 94608
Tel.: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS, LLP
John J. Nestico
Garrett W. Wotkyns
8501 North Scottsdale Road, Ste. 270
Scottsdale, AZ 85253
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

TRUCKER  HUSS
R. Bradford Huss (SBN 71303)
Angel L. Garrett (SBN 255682)
Dylan D. Rudolph (SBN 278707)
One Embarcadero Center, 12th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Joseph C. Faucher, (SBN 137353)
633 W. 5th Street, 28th Floor
Los Angeles, California 90071
Telephone:
[phone]
Facsimile:
[phone]
E-mail:[e-mail]
Attorneys for Defendants
SAFEWAY INC. and SAFEWAY
BENEFIT PLANS COMMITTEE

Attorneys for Plaintiff

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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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vs.

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SAFEWAY INC., SAFEWAY BENEFIT
PLANS COMMITTEE, and DOES 1 through 50,
inclusive,

Case No. 3:16-cv-04903-JST
JOINT STIPULATION TO CONTINUE
CASE DEADLINES; [PROPOSED]
ORDER
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
174730.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

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

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No. 31);
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 (Docket No. 58);

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

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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
and Terraza streamlined their discovery process;

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WHEREAS, the Parties Stipulated to Continue Case Deadlines, and this Court has entered

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orders continuing case deadlines on December 18, 2017 (Dkt. 79) and on February 21, 2018

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(Dkt. 84);

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WHEREAS, the Parties have exchanged initial disclosures, engaged in written discovery and

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exchange of documents, and will have taken 17 fact witness depositions on or before the current

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deadline to complete fact discovery on April 27, 2018;

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WHEREAS, when the current deadline to complete fact discovery passes, three additional
depositions will remain to be taken;

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WHEREAS, because depositions will remain outstanding when the current deadline to

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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER
CASE NO. 3:16-CV-04903-JST
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complete fact discovery passes, the Parties will be unable to provide potential experts with all fact

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discovery relevant to the case when fact discovery closes;

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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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Defendants and the scope of discovery, including the necessity of taking 20 depositions in no less

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than five different states, the current schedule does not provide adequate time to complete discovery

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and exchange expert reports. The Parties therefore respectfully request that the Court continue the

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case deadlines as detailed below;

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

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WHEREAS, the Parties have previously made two requests to extend the deadlines for
completing discovery and filing dispositive motions, and the pretrial and trial dates (Dkts. 79, 84);

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WHEREAS, the Parties do not propose any change in the trial schedule or the remainder of
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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Event
Deadline to complete
fact discovery
Deadline for expert
disclosures
Deadline for expert
rebuttal
Deadline to complete
expert discovery
Deadline to file
dispositive motions

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Current Deadline
(Dkt. 84)
April 27, 2018

Proposed Deadline
May 3, 2018

Length of Requested
Extension
Six Days

May 11, 2018

May 22, 2018

Eleven Days

May 30, 2018

June 8, 2018

Nine Days

June 8, 2018

June 20, 2018

Twelve Days

June 21, 2018

June 28, 2018

Seven Days

IT IS SO STIPULATED.
DATED: April 26, 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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JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER
CASE NO. 3:16-CV-04903-JST
174730.v1

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Dated: April 26, 2018

SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS, LLP

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By: /s/Kyle G. Bates __________________
Kyle G. Bates
Attorneys for Plaintiff

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I attest that my firm has obtained concurrence in the filing of this document from Kyle G.

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Bates

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DATED: April 26, 2018

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TRUCKER  HUSS

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

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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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[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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May 3, 2018 − Deadline to complete fact discovery

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May 22, 2018 − Deadline for expert disclosures

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June 8, 2018 − Deadline for expert rebuttal

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June 20, 2018 − Deadline to complete expert discovery

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June 28, 2018 − Deadline to file dispositive motions

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DATED: April 27, 2018

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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
174730.v1

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