Perry v. Perdue Foods LLC et al

Filing 37

STIPULATION AND ORDER re (36 in 3:17-cv-03502-JST) STIPULATION WITH PROPOSED ORDER filed by Barbara Perry. Fact discovery cut-off 10/8/2018. Expert disclosures 10/29/2018. Expert rebuttal 11/9/2018. Expert discovery cut-off 12/3/2 018. Deadline to file dispositive motions 12/17/2018. Pretrial conference statement due 3/8/2019. Pretrial Conference set for 3/15/2019 at 2:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Jon S. Tigar. Jury Trial set for 4/8/2019 - 4/18/2019 at 8:30 AM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on June 14, 2018. (wsn, COURT STAFF) (Filed on 6/14/2018)

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HUNTER PYLE, SBN 191125
TANYA P. TAMBLING, SBN 262979
HUNTER PYLE LAW
428 Thirteenth Street, 11th Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail], ttambling@hunterpylelaw..com

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Attorneys for Plaintiff
BARBARA PERRY

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[Additional Counsel on the Next Page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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BARBARA PERRY,

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Plaintiff,

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CASE NO.:

Judge Jon S. Tigar
Courtroom 9 – 19th Floor

vs.

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Mag. Judge Jacqueline Scott Corley
Courtroom F – 15th Floor

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3:17-cv-03502-JST
18-cv-02664-JST

JOINT STIPULATION TO EXTEND
DISCOVERY, EXPERT
DISCLOSURES AND DISPOSITIVE
MOTION DEADLINES

PERDUE FOODS, LLC and COLEMAN
NATURAL FOODS, LLC,
Defendants.

Complaint filed: June 16, 2017
Trial date:
February 4, 2019

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PERRY v. PERDUE FOODS, LLC, et al.
JOINT STIPULATION RE DISCOVERY

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ALEX G. TOVARIAN, SBN 264547
LAW OFFICES OF ALEKSEY G. TOVARIAN
50 California Street, Ste. 3325
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff
BARBARA PERRY
MICHAEL A. HOOD, SBN 71258
ERIN W. KENDRELLA, SBN 273504
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Ste. 500
Irvine, CA 92618
Telephone: [phone]
Facsimile: [phone]
[e-mail], [e-mail]
Attorneys for Defendant
PERDUE FOODS, LLC dba Coleman Natural Foods
(erroneously sued as Coleman Natural Foods, LLC)

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PERRY v. PERDUE FOODS, LLC, et al.
JOINT STIPULATION RE DISCOVERY

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Plaintiff BARBARA PERRY (“Plaintiff”) and Defendant PERDUE FOODS, LLC

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dba Coleman Natural Foods (erroneously sued as Coleman Natural Foods, LLC)

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(“Defendant”), by and through their counsel of record, hereby jointly stipulate and

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respectfully request that the Court extend the fact discovery deadline from July 6, 2018 to

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October 8, 2018, expert disclosure from July 27, 2018 to October 29, 2018, expert

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rebuttals from August 17, 2018 to November 9, 2018, and expert cut-off from August 31,

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2018 to December 3, 2018, and the deadline to file dispositive motions from October 12,

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2018 to December 17, 2018. Continuing these discovery and dispositive motion

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deadlines will not impact the current court dates: (1) case management conference on

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October 17, 2018, (2) pretrial conference on January 11, 2019, and (3) trial set for

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February 4, 2019. In support of this stipulation, the parties state as follows:

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WHEREAS, this Court entered its initial Pretrial Scheduling Order (“Scheduling
Order”) on September 20, 2017 (Docket number 28);
WHEREAS, Plaintiff propounded set one written discovery on October 25, 2017
and Defendant responded on January 28, 2018;
WHEREAS Defendant conducted Plaintiff’s deposition on January 16, 2018 and
the deposition of Brenda Richardson on January 30, 2018;
WHEREAS Plaintiff conducted the following witness depositions: (1) Barbara

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Ridilla on January 10, 2018; (2) Barbara Davis on January 11, 2018; (3) Demetri Ware

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on March 14, 2018; (4) James Ware on March 14, 2018; and (5) Taney Elliott on March

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28, 2018;

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WHEREAS, Plaintiff propounded set two of written discovery on June 5, 2018,
including the discovery of electronically stored information (ESI);
WHEREAS, Defendant propounded written discovery on June 6, 2018;

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PERRY v. PERDUE FOODS, LLC, et al.
JOINT STIPULATION RE DISCOVERY

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WHEREAS, the parties are meeting and conferring regarding the discovery and
may want to conduct further discovery following depositions;
WHEREAS, Plaintiff noticed and took the deposition of Defendant’s former

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Human Resources Manager, Barbara Ridilla, on January 10, 2018 via video because the

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deponent was in Paraguay, South America for several months;

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WHEREAS, the parties encountered technical difficulties during the deposition of

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Ms. Ridilla and it had to be continued until a further date when Ms. Ridilla returned to

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the United States;

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WHEREAS, Ms. Ridilla’s second deposition is set for June 25, 2018, in Denver,

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Colorado, but needs to be continued to a time that is mutually convenient to all the parties

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as the deponent and Defendant’s counsel are not available. The parties are meeting and

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conferring regarding a new date;

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WHEREAS, the Federal Rule of Civil Procedure Rule 30(b)(6) deposition of

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Defendant’s Person Most Knowledgeable and Defendant’s witness, Ryan Jacobson, are

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set for July 6, 2018, but this date needs to be continued to a date when all the parties are

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available as the deponents and Defendant’s counsel are not available;

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WHEREAS, the parties are meeting and conferring to set new dates for the

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depositions of Barbara Ridilla, Ryan Jacobson and Defendant’s Person Most

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Knowledgeable;

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WHEREAS, to date, the Parties have not requested an extension to conduct fact
discovery;
WHEREAS, the Parties agree that the current Scheduling Order does not allow the

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Parties sufficient time to complete the FRCP 30(b)(6) depositions and witness

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depositions by July 6, 2018 due to client and attorney unavailability, and the Parties

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PERRY v. PERDUE FOODS, LLC, et al.
JOINT STIPULATION RE DISCOVERY

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anticipate the need for additional discovery following the depositions that is reasonably

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necessary for filing dispositive motions and preparing for trial;
WHEREAS, based on the progress of this case, an extension of the deadlines for

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completing fact discovery, disclosing expert witnesses, and filing dispositive motions will

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allow the Parties to engage in meaningful discovery and to adequately prepare to file

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dispositive motions and prepare for trial;
WHEREAS, the proposed extension of the deadlines for completing fact discovery

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and disclosing expert witnesses will not delay or prejudice the timely resolution of this

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case;

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WHEREAS, Federal Rule of Civil Procedure 16(b)(4) requires good cause and
judicial consent as prerequisites to modifying a scheduling order; and
WHEREAS, no extension of time has been previously sought by the Parties, and
the requested extension will not affect the trial date in this case.
THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order from

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this Court permitting the following new deadlines, with all other dates set forth in the

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Scheduling Order (Dkt. No. 28) remaining unchanged:

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Event

Date

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Fact discovery cut-off

October 8,2018

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Expert disclosures

October 29, 2018

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Expert rebuttal

November 9, 2018

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Expert discovery cut-off

December 3, 2018

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Deadline to file dispositive motions

December 17, 2018

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PERRY v. PERDUE FOODS, LLC, et al.
JOINT STIPULATION RE DISCOVERY

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: June 12, 2018

/s/ Tanya Tambling
Attorney for Plaintiff

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DATED: June 12, 2018

/s/ Erin W. Kendrella
Attorney for Defendant

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IT IS SO ORDERED.

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Dated: June 14, 2018

__________________________

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Hon. Jon S. Tigar

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United States District Judge

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IT IS FURTHER ORDERED that, to accommodate the parties' stipulated dates, the trial is
continued to April 8, 2019; the pretrial conference is continued to March 15, 2019; and the
pretrial conference statement deadline is continued to March 8, 2019.

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PERRY v. PERDUE FOODS, LLC, et al.
JOINT STIPULATION RE DISCOVERY

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