Jenkins v. Aerotek, Inc et al

Filing 40

STIPULATION AND ORDER re 39 to Continue Case Management Deadlines filed by Sutter Home Winery, Inc. Discovery due by 9/29/2017. Status Report due by 10/5/2017. Dispositive Motion Hearing set for 11/9/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Status Conference set for 10/12/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 7/6/17. (bpfS, COURT STAFF) (Filed on 7/6/2017)

Patrick C. Mullin (Cal. Bar No. 72041)
Douglas G.A. Johnston (Cal. Bar No. 268880)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: mut I inpg acksonlewis.corn
Email: [e-mail]
Attorneys for Defendant
SUTTER HOME WINERY, INC., d/b/a
TRINCHERO FAMILY ESTATES
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

AVALITA JENKINS, TRACEY JENKINS,
SAMUEL WILLIAMS,
Plaintiffs,

Case No. 3:16-cv-05000-EMC
STIPULATION TO CONTINUE CASE
MANAGEMENT DEADLINES;
[PROPOSED] ORDER

v.
AEROTEK, INC., a corporation;
TRINCHERO FAMILY ESTATES, an
unknown business entity, SUTTER HOME
WINERY, INC., a corporation; and
DOES 1 to 25,

Complaint Filed:
Trial Date:

August 31, 2016
January 22, 2018

Defendants.

Plaintiffs AVALITA JENKINS, TRACEY JENKINS, and SAMUEL WILLIAMS and
Defendants SUTTER HOME WINERY, INC., d/b/a TRINCERO FAMILY ESTATES INC. and
AEROTEK, INC., by and through their respective attorneys of record, jointly submit this
Stipulation to Continue Discovery Cut-off and Mediation Deadline & [Proposed] Order.
By this Court's Case Management and Pretrial Order for Jury Trial dated December 8,
2016 (Dkt. No. 30) the Parties were ordered to complete non-expert discovery no later than
July 20, 2017, exchange opening expert reports no later than July 20, 2017, exchange rebuttal
expert reports no later than August 10, 2017, and complete expert discovery no later than
August 31, 2017. Any dispositive motions were to be heard no later than October 12, 2017.
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Case No. 3:16-cv-05000-EMC
STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; [PROPOSED] ORDER

At the status conference held on April 27, 2017, the Court ordered the parties to schedule
a second mediation session in July 2017 after completion of discovery.

A further status

conference was scheduled for August 3, 2017 with an updated joint status report to be filed by
July 27, 2017. See Civil Minutes dated April 27, 2017 (Dkt. No. 36).
Following the April 27, 2017 status conference, the Parties have determined that they will
be unable to complete discovery and meaningfully participate in mediation by July 31, 2017 due
to the anticipated scope of discovery and the additional complication of summer vacation
scheduling with clients and counsel.
The Parties have diligently pursued discovery in this matter, however, the depositions
have been delayed due to unavailability of witnesses and counsel. Depositions of defendants'
witnesses have commenced, but not concluded, and plaintiffs' depositions are pending.
The Parties have not previously requested an extension of the deadline to complete
discovery and the court-ordered mediation.
For the good cause reasons stated above, the Parties respectfully request this Court extend
the deadline to complete mediation to September 29, 2017, to provide the Parties additional time
to complete necessary pre-mediation discovery and mediation. The Parties further respectfully
request this Court extend the fact discovery cut-off until September 29, 2017, and the expert
discovery cut-off until October 31, 2017, with opening expert reports due no later than September
29, 2017 and rebuttal expert reports due no later than October 10, 2017. The Parties further
respectfully request that the Court continue the presently scheduled August 3, 2017 status
conference to a date following the Parties' completion of mediation as convenient to the Court.
Further, the Parties respectfully request this Court extend the deadline for hearing on any
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dispositive motions to November 30, 2017. This will enable counsel to receive all necessary
deposition transcripts and prepare motions for filing following the new date for discovery cut-off.
The Parties respectfully request that the Court approve this stipulation and incorporate its
terms in an Order.

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Case No. 3:16-cv-05000-EMC
STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; [PROPOSED] ORDER

IT IS SO STIPULATED.
JACKSON LEWIS P.C.

Dated: June 29, 2017
By:

/s/ Douglas G.A. Johnston
Patrick C. Mullin
Douglas G.A. Johnston
Attorneys for Defendant
SUTTER HOME WINERY, INC.,
d/b/a TRINCHERO FAMILY ESTATES
EPSTEIN BECKER & GREEN, P.C.

Dated: June 29, 2017
By:

/s/ Matthew Goodin
Steven R. Blackburn
Matthew A. Goodin
Attorneys for Defendant
AEROTEK, INC.

MCCORMACK & ERLICH, LLP

Dated: June 29, 2017
By:

/s/ Bryan J. McCormack
Bryan J. McCormack
Attorneys for Plaintiffs
AVALITA JENKINS, TRACEY
JENKINS, and SAMUEL WILLIAMS

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Case No. 3:16-cv-05000-EMC
STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; [PROPOSED] ORDER

ORDER
GOOD CAUSE APPEARING THEREFORE, and the Parties' having stipulated to the
same, the Parties' stipulation is hereby APPROVED. The mediation completion deadline
currently set for July 31, 2017, is continued to September 29, 2017, the fact discovery cut-off is
continued until September 29, 2017 and the expert discovery cut-off is continued until October
31, 2017, with opening expert reports due no later than September 29, 2017 and rebuttal expert
reports due no later than October 10, 2017. Dispositive motions must be heard no later than
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November 30, 2017. The Further Case Management Conference scheduled for August 3, 2017, is
October 12 , 2017, at 10:30am, with an updated joint status report filed by

M. Chen

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IT IS SO ORDERED.
7/6/2017

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, 2017.

UNIT
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continued to
October 5

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Case No. 3:16-cv-05000-EMC
STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; [PROPOSED] ORDER