Benton v. Clarity Services, Inc.

Filing 59

STIPULATION AND ORDER RE DEADLINES AND BRIEFING SCHEDULE. The discovery cutoff (Phase One)is extended to November 24, 2017. The expert disclosure deadline is extended to October 13, 2017, and the rebuttal expert disclosure deadline is extende d to October 27, 2017. The expert discovery cutoff is extended to October 27, 2017. The summary judgment motion filing deadline is extended to December 15, 2017, the deadline to file opposition to any summary judgment motion is extended to January 12, 2018, and the deadline to file a reply is extended to January 22, 2018. The summary judgment hearing is continued from January 12, 2018, to February 16, 2018, at 9:00 a.m. The Further Case Management Conference is continued from March 16, 2018, to April 13, 2018, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than April 6, 2018. Signed by Judge Maxine M. Chesney on 08/25/17. (mmclc2, COURT STAFF) (Filed on 8/25/2017)

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CHAVEZ & GERTLER LLP
Mark A. Chavez (SBN 90858)
Christian Schreiber (SBN 245597)
42 Miller Avenue
Mill Valley, California 94941
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Additional Counsel Listed on Signature Page
Attorneys for Plaintiff and the Proposed Classes
RONALD I. RAETHER, JR. (SBN 303118)
[e-mail]
TROUTMAN SANDERS LLP
5 Park Plaza, Suite 1400
Irvine, CA 92614-2545
Telephone: [phone]
Facsimile: [phone]
Additional Counsel listed on Signature Page
Attorneys for Defendant Clarity Services, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOYCE BENTON,
Plaintiff,

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v.

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CLARITY SERVICES, INC., and DOES 1

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through 50, inclusive,

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Defendants.

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Case No. 3:16-CV-06583-MMC
STIPULATION and [PROPOSED] ORDER
RE DEADLINES AND BRIEFING
SCHEDULE
Hon. Maxine M. Chesney

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STIPULATION and PROPOSED ORDER RE DEADLINES AND BRIEFING SCHEDULE

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Plaintiff Joyce Benton (“Plaintiff”) and Defendant Clarity Services, Inc. (“Clarity”)
(collectively, “the Parties”) hereby stipulate to the following:
WHEREAS, following an initial case management conference, the Court issued a
scheduling order on March 31, 2017 (ECF Doc. No. 51); and

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WHEREAS, since the Order was issued, the Parties have been actively engaged in

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discovery and motion practice in this matter and the related case pending in the Alameda County

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Superior Court (Hon. Brad Seligman presiding); and

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WHEREAS, the Parties have agreed to mediate this case on October 16, 2017 before the
Hon. John Leo Wagner (Ret.); and
WHEREAS, the Parties are finalizing the deposition dates for Plaintiff and for Clarity’s
corporate designee pursuant to Fed. R. Civ. Proc. 30(b)(6); and
WHEREAS, the Parties believe an adjustment to the Order is warranted to allow for the
completion of mediation and depositions;
THEREFORE, THE PARTIES RESPECTFULLY REQUEST that the current schedule
be modified to the following:

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BRIEFING SCHEDULE - SUMMARY JUDGMENT:

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Discovery cutoff (Phase One): November 24, 2017

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Expert Disclosure: October 13, 2017

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Rebuttal Expert Disclosure: October 27, 2017

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Expert Discovery Cutoff: December 8, 2017

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Motion for Summary Judgment filing deadline: December 15, 2017

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Opposition due: January 12, 2018.

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Reply due: January 22, 2018.

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Summary Judgment Motion Hearing: February 16, 2018 at 9:00 AM.

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A Proposed Order incorporating the above relief is attached and submitted herewith.

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Dated: August 23, 2017

CHAVEZ & GERTLER LLP

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STIPULATION and PROPOSED ORDER RE DEADLINES AND BRIEFING SCHEDULE

/s/ Christian Schreiber
Christian Schreiber
Attorneys for Plaintiffs

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Dated: August 25, 2017

TROUTMAN SANDERS LLP

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By:

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/s/ Ronald Raether
Ronald I. Raether
Attorneys for Defendant Clarity Services, Inc.

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FEINSTEIN DOYLE PAYNE & KRAVEC, LLC
James M. Pietz (Pa. I.D. 55406) (pro hac vice)
Gregory A. Murray (Pa. I.D. 316144) (pro hac vice)
429 Fourth Avenue
Law and Finance Building, Suite 1300
Pittsburgh, PA 15219
Telephone: [phone]
Facsimile: 412-281-1007
[e-mail]
[e-mail]
Additional Counsel for Plaintiff and the Proposed Classes
MARK C. MAO (SBN 236165)
[e-mail]
SHEILA M. PHAM (SBN 293673)
[e-mail]
TROUTMAN SANDERS LLP
580 California Street, Suite 1100
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
DAVID GETTINGS (admitted pro hac vice)
[e-mail]
TROUTMAN SANDERS LLP
222 Central Park Avenue Suite 2000
Virginia Beach, VA 23462
Telephone: [phone]
Fax: [phone]

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Additional Counsel for Defendant Clarity Services, Inc
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STIPULATION and PROPOSED ORDER RE DEADLINES AND BRIEFING SCHEDULE

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[PROPOSED] ORDER
Having read the stipulation of the Parties, and good cause appearing therefor, the Court
hereby Orders the following briefing schedule:

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Discovery cutoff (Phase One): November 24, 2017

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Expert Disclosure: October 13, 2017

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Rebuttal Expert Disclosure: October 27, 2017

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Expert Discovery Cutoff: December 8, 2017

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Motion for Summary Judgment filing deadline: December 15, 2017

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Opposition due: January 12, 2018.

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Reply due: January 22, 2018.

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Summary Judgment Motion Hearing: February 16, 2018 at 9:00 AM.

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All other dates previously scheduled by the Court will remain in effect.

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IT IS SO ORDERED. IT IS FURTHER ORDERED that the Further Case
Management Conference is continued to April 13, 2018; a Joint Case Management
Statement shall be filed no later than April 6, 2018.

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August 25
Dated: _______________, 2017

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____________________________
Honorable Maxine Chesney
United States District Court Judge

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[PROPOSED] ORDER RE DEADLINES AND BRIEFING SCHEDULE