Perry v. Perdue Foods LLC et al

Filing 61

STIPULATION AND ORDER TO EXTEND EXPERT DISCOVERY DEADLINES re 60 Stipulation filed by Barbara Perry. Expert disclosures 4/9/2019. Expert rebuttal 4/23/2019. Expert discovery cut-off 5/21/2019. Signed by Judge Jon S. Tigar on February 1, 2019. (wsn, COURT STAFF) (Filed on 2/1/2019)

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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
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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.

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

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3:17-cv-03502-JST

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

JOINT STIPULATION TO EXTEND
EXPERT DISCOVERY DEADLINES
Complaint filed: June 16, 2017
Trial date:
June 10, 2019

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Case No.: 3:17-cv-03502-JST

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JOINT STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINES

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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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Case No.: 3:17-cv-03502-JST

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JOINT STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINES

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JOINT STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINES

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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 expert discovery deadlines sixty (60) days as
follows: (1) expert disclosures from February 8, 2019 to April 9, 2019; (2) expert rebuttals
from February 22, 2019 to April 23, 2019; and (3) expert discovery cut-off from March 22,
2019 to May 21, 2019. The Parties are not requesting a continuance of the June 10, 2019
trial

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In support of this stipulation, the Parties state as follows:
WHEREAS, counsel for Plaintiff will move to withdraw as counsel of record for
Plaintiff and will file a Motion to Withdraw by February 5, 2019;

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WHEREAS, in light of Plaintiff’s counsel need to withdraw, the Parties desire to

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continue expert discovery deadlines to provide Plaintiff’s counsel with adequate time to

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withdraw and for Plaintiff to retain new counsel to conduct expert discovery, while saving
associated expert discovery costs until Plaintiff has retained new counsel;
WHEREAS, this Court entered its initial Pretrial Scheduling Order (“Scheduling
Order”) on September 20, 2017 (Docket number 28);
WHEREAS, Plaintiff and Defendant entered into a stipulation to continue fact
discovery deadlines, expert discovery deadlines, and dispositive motion deadlines only on
June 12, 2018;
WHEREAS, on June 14, 2018, this Court continued fact discovery deadlines, expert
discovery deadlines, dispositive motion deadlines, and continued the trial date to April 8,
2019 (Docket number 37);

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Case No.: 3:17-cv-03502-JST

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JOINT STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINES

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WHEREAS, Plaintiff and Defendant entered into a second stipulation to continue

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fact discovery, expert discovery, dispositive motion deadlines, and the trial date on August

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22, 2018;

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WHEREAS, on August 27, 2018, this Court continued fact discovery deadlines,

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expert discovery deadlines, dispositive motion deadlines, and continued the trial date to

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June 10, 2019 (Docket number 39);

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WHEREAS, on December 21, 2018, the Parties filed an initial Joint Stipulation to

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Extend Expert Discovery Deadlines by approximately one month as the Parties deferred

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costs until mediation on December 19, 2018. However, mediation was unsuccessful

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(Docket number 56);
WHEREAS, on December 21, 2018, the Court granted the Parties Stipulation to
Extend Expert Discovery Deadlines to the current deadlines (Docket number 57);

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WHEREAS, the Parties have completed all fact discovery except for the continued

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deposition of Barbara Davis, which is scheduled to take place on February 1, 2019 at 5:00

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p.m. Counsel for Plaintiff will take this deposition;

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WHEREAS, although the Parties were prepared to meet the expert disclosure

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deadline of February 8, 2019, with the new development that Plaintiff’s counsel must

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withdraw, Plaintiff desires additional time to conduct expert discovery with her new

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counsel when one is retained;

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WHEREAS, counsel for Plaintiff will move to withdraw as counsel of record for
Plaintiff and will file a Motion to Withdraw as soon as possible;

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WHEREAS, Local Rule 7-2 requires a 35-day notice period;

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WHEREAS, Defendant does not intend to oppose Plaintiff’s Motion to Withdraw;

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WHEREAS, based on the progress of this case, an extension of the deadlines for

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expert discovery will allow the Parties to appropriately prepare for trial;
Case No.: 3:17-cv-03502-JST

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JOINT STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINES

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WHEREAS, the Parties are not requesting a continuance of the trial date;

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WHEREAS, based on the progress of this case, an extension of the deadlines for

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disclosing expert witnesses and completing expert discovery will allow the Parties to

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resolve Plaintiff’s counsel’s Motion to Withdraw and give the Parties sufficient time to

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complete expert discovery prior to trial;
WHEREAS, the proposed extension of the deadlines for expert discovery will not

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delay or prejudice the timely resolution of this case;
WHEREAS, Federal Rule of Civil Procedure 16(b)(4) requires good cause and

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judicial consent as prerequisites to modifying a scheduling order; and
THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order from

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this Court permitting the following new deadlines:

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Event

Date

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Expert disclosures

April 9, 2019

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Expert rebuttal

April 23, 2019

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Expert discovery cut-off

May 21, 2019

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UNIT
ED

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RT
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
S DISTRICT
TE
C
TA
DATED: January 31, 2019
/s/ Tanya Tambling
ERED
Attorney for Plaintiff
O ORD
IT IS S
R NIA

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Case No.: 3:17-cv-03502-JST

FO

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RT

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Ti ga r
e Jon S.
Judg
DATED: January 31, 2019
/s/ Erin W. Kendrella
ER
C
N
F
Attorney for Defendant
D IS T IC T O
R
Dated: February 1, 2019

NO

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JOINT STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINES