Sanchez v. C&H Sugar Company, Inc.

Filing 38

STIPULATION AND MODIFIED ORDER re 37 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE DEADLINES AND TRIAL DATE filed by C&H Sugar Company, Inc..Signed by Judge Elizabeth D. Laporte on 11/8/18. (mllS, COURT STAFF) (Filed on 11/8/2018)

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SEYFARTH SHAW LLP
G. Daniel Newland (SBN 87965)
[e-mail]
Justin T. Curley (SBN 233287)
[e-mail]
Carrie L. Daughters (SBN 184748)
[e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
C&H SUGAR COMPANY, INC.

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BURTON EMPLOYMENT LAW
Jocelyn Burton (SBN 135879)
[e-mail]
Scott S. Nakama (SBN 296732)
[e-mail]
1939 Harrison Street, Suite 400
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
RAUL SANCHEZ, individually,
and on behalf of the general public,
and as an “aggrieved employee”

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAUL SANCHEZ, individually, and on behalf of
the general public, and as an aggrieved employee
under the California Labor Code Private Attorney
Generals Act,

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Case No. 3:17-cv-05431-EDL
MODIFIED
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE DEADLINES AND
TRIAL DATE

Plaintiff,
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v.
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C&H SUGAR COMPANY, INC.,

Complaint Filed: September 19, 2017
FAC Filed:
October 10, 2017
SAC Filed:
June 15, 2018

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Defendant.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE DEADLINES
AND TRIAL DATE / CASE NO. 3:17-cv-05431-EDL

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The Parties submit the following Stipulation and [Proposed] Order to Continue Case Deadlines
and Trial Date as follows:

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WHEREAS, on May 15, 2018, the Court conducted a case management conference. Thereafter,

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on June 4, 2018, the Court issued its Case Management and Pretrial Order for Jury Trial, setting the

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following case schedule:

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

All fact discovery must be completed by January 4, 2019;

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

Initial expert disclosures are due January 18, 2019;

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

Defendant’s opening dispositive motion must be filed by January 29, 2019;



Rebuttal expert disclosures are due February 1, 2019;



Plaintiff’s combined opposition and any cross-dispositive motion brief is due
February 12, 2019;



Defendant’s combined reply and opposition to any cross-dispositive motion is due
February 26, 2019;

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

Plaintiff’s reply to any cross-dispositive motion brief is due March 5, 2019;

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

The last day for hearing dispositive motions is March 19, 2019;

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

Expert discovery must be completed by March 29, 2019;

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

Pretrial Conference set for June 11, 2019 at 2:00 p.m.; and



Jury Trial set for July 1, 2019 at 8:30 a.m.

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WHEREAS, following some initial discovery, the Parties had a global mediation scheduled with

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Hon. Kevin Murphy (Ret.) on October 25, 2018, along with the related and overlapping state court cases

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of Holman v. American Sugar Refining, Inc. dba C&H Sugar Company, Inc., Contra Costa County

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Superior Court, Case No. CIVMSC18-00415, and Brown v. American Sugar Refining, Inc. and C&H

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Sugar Company, Inc., Contra Costa County Superior Court, Case No. CIVMSC18-00484;
WHEREAS, another related and overlapping case, Strong v. C&H Sugar Company, Inc.,

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American Sugar Refining, Inc., N.D. Cal. Case No. 4:17-cv-00480-RS, which also contained a wage-

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE DEADLINES
AND TRIAL DATE / CASE NO. 3:17-cv-05431-EDL

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statement claim, settled earlier this year and is currently going through the settlement notice and

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approval process;

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WHEREAS, the Parties recently learned that the settlement notice period and final approval of

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the Strong settlement has been further delayed due to a delay in obtaining preliminary approval and a

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delay associated with adding several additional opt-ins to the settlement;

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WHEREAS, the hearing for final approval of the Strong settlement is now scheduled to take

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place on December 20, 2018. The deadline for settlement class members to submit a claim form, opt out,

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or object to the Strong settlement is now November 12, 2018;

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WHEREAS, the conclusion of the Strong settlement is necessary to any settlement of the

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Sanchez, Holman, and Brown matters because individuals who opt in to the Strong settlement will

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release their claims against C&H Sugar Company, Inc. and American Sugar Refining, Inc. and will

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therefore not be eligible to participate in settlement of the Sanchez, Holman, and Brown matters. C&H

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must therefore know the universe of individuals still at issue in Sanchez, Holman, and Brown after the

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conclusion of the Strong settlement in order to meaningfully participate in the global mediation for

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Sanchez, Holman, and Brown;

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WHEREAS, the Parties are rescheduling the global mediation with Hon. Kevin Murphy (Ret.) to

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January 22, 2019, after the expected final approval of the Strong settlement on or about December 20,

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2018;

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WHEREAS, with the current case deadlines and trial date in the instant matter, the Parties would

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be required to complete fact discovery, spend resources on expert discovery, and prepare dispositive

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motions, all in advance of and while the Parties are mediating. This would serve as an obstacle to

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settlement and these resources could otherwise go toward a potential settlement; and

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WHEREAS, for the reasons above, the Parties respectfully request a 90-day continuance of the
pertinent case deadlines and trial date, as set forth below:

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NOW THEREFORE, it is hereby STIPULATED, subject to the Court ordering same, that:

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1.

All non-expert discovery will be completed by April 4, 2019;

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2.

Initial expert disclosures are due April 18, 2019;

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE DEADLINES
AND TRIAL DATE / CASE NO. 3:17-cv-05431-EDL

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Defendant’s opening dispositive motion will be filed by April 29, 2019;

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Rebuttal expert disclosures due May 2, 2019;

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Plaintiff’s combined opposition and cross motion brief will be filed by May 13, 2019;

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Defendant’s combined reply and opposition brief will be filed by May 27, 2019;

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Plaintiff’s reply to the cross-motion brief will be filed by June 10, 2019;

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The last day for hearing dispositive motions is June 24, 2019;

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Discovery of all expert witnesses must be completed by June 27, 2019;

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10.

The Pretrial Conference is continued to August 6, 2019 or any date thereafter deemed

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appropriate by the Court; and

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The Trial is continued to September 16, 2019 or any date thereafter deemed appropriate

by the Court.

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IT IS SO STIPULATED.

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BURTON EMPLOYMENT LAW

DATED: November 8, 2018

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By: /s/ Scott S. Nakama
Jocelyn Burton
Scott S. Nakama

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Attorneys for Plaintiff
RAUL SANCHEZ individually, and on behalf
of the general public, and as an “aggrieved
employee”

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SEYFARTH SHAW LLP

DATED: November 8, 2018

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By: /s/ Carrie L. Daughters
G. Daniel Newland
Justin T. Curley
Carrie L. Daughters

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Attorneys for Defendant
C&H SUGAR COMPANY, INC.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE DEADLINES
AND TRIAL DATE / CASE NO. 3:17-cv-05431-EDL

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

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I, Carrie L. Daughters, attest that concurrence in the filing of this Stipulation has been obtained
from each of the other signatories.

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/s/ Carrie L. Daughters
Carrie L. Daughters

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE DEADLINES
AND TRIAL DATE / CASE NO. 3:17-cv-05431-EDL

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MODIFIED
[PROPOSED] ORDER

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Pursuant to the stipulation by and between all Parties in the above-entitled action, it is hereby

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ordered that:

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All non-expert discovery must be completed by April 4, 2019;

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2.

Initial expert disclosures are due April 18, 2019;

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3.

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Defendant’s opening dispositive motion must be filed by April 29, 2019;

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4.

Rebuttal expert disclosures are due May 2, 2019;

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Plaintiff’s combined opposition and cross motion brief must be filed by May 13, 2019;
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Defendant’s combined reply and opposition brief must be filed by May 27, 2019;

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7.

Plaintiff’s reply to the cross-motion brief must be filed by June 10, 2019;

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8.

The last day for hearing dispositive motions is June 24, 2019;

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9.

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Discovery of all expert witnesses must be completed by June 27, 2019;
AT 2:00 PM
The Pretrial Conference is continued to August 6, 2019 [or any date thereafter deemed

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appropriate by the Court]; and
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by the Court].
IT IS SO ORDERED.

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The Trial is continued to September 16, 2019 [or any date thereafter deemed appropriate

November 8, 2018
Dated:_____________________________

____________________________________
HON. ELIZABETH D. LAPORTE
United States Magistrate Judge

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51609540v.1

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE DEADLINES
AND TRIAL DATE / CASE NO. 3:17-cv-05431-EDL

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