Acosta v. TForce Final Mile, LLC et al

Filing 109

STIPULATION AND ORDER RE 108 TO MODIFY CASE SCHEDULE AS MODIFIED BY THE COURT. Case Management Statement due by 8/20/2020. Further Case Management Conference set for 8/27/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. Jury Select ion/Trial set for 2/22/2021 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 2/3/2021 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 3/18/2020. (cl, COURT STAFF) (Filed on 3/18/2020) Modified on 3/18/2020 (cl, COURT STAFF).

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JANET M. HEROLD, Regional Solicitor
BORIS ORLOV, Senior Trial Attorney (CA #223532)
KATHERINE E. CAMERON, Trial Attorney (WA #41777)
UNITED STATES DEPARTMENT OF LABOR
Office of the Solicitor
300 Fifth Avenue, Suite 1120
Seattle, WA 98104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Eugene Scalia, Secretary,
United States Department of Labor

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUGENE SCALIA, Secretary of Labor,
UNITED STATES DEPARTMENT OF
LABOR,

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Case No. 3:17-cv-06624 RS-SK
STIPULATION TO MODIFY CASE
SCHEDULE

Plaintiff,
v.
TFORCE FINAL MILE WEST LLC, a
Delaware company; and ON COURIER 365,
INC., a California corporation,

Complaint Filed: November 16, 2017
Trial Date:
August 24, 2020

Defendants.

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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 RS-SK

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Plaintiff EUGENE SCALIA, Secretary of Labor, UNITED STATES DEPARTMENT OF

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LABOR (“Plaintiff”) and Defendant TFORCE FINAL MILE WEST LLC (“TForce”) (collectively,

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“the Parties”), submit this stipulated request for the Court to modify the schedule for good cause

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under Rule 16(b)(4). Good cause to modify the case schedule exists, for the following reasons:

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1.

On November 16, 2017, Plaintiff initiated this lawsuit by filing a complaint in this

Court. ECF 1.
2.

On March 22, 2018, the Court entered a Scheduling Order, following the initial

Case Management Conference. ECF 40. The Order set trial for October 21, 2019. Id.
3.

On October 7, 2019, the Court entered the operative Scheduling Order following

the Parties’ stipulation to modify the case schedule. ECF 77.
4.

On February 26, 2020, the Court modified pretrial and discovery deadlines while

keeping the trial date the same following the Parties’ stipulation to modify the case schedule.
ECF 100.

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5.
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Plaintiff and Defendant On Courier 365, Inc., reached a settlement and this court

entered a consent judgment on February 26, 2020. ECF. 102.
6.

The Parties have been diligently conducting discovery including bringing several

discovery disputes to the court for resolution.
7.

The Parties’ discovery has been impacted by events beyond their control and

requires more time to complete. First, discovery has been slowed because of a delay by third-

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party Google, Inc. in producing complete delivery data due to the unavailability of the individual

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who has access to the data. The new data from Google, Inc., produced yesterday, is voluminous

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and requires in-depth analysis. Expert witnesses will not have adequate time to analyze the data

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before the current deadline for expert disclosures (i.e., next Monday, March 23). Second,

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Defendant’s ESI vendor, Epiq, was subject to a cyber-attack on March 2, 2020 that forced it to

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shut down ESI access and services to its clients nationwide, including TForce. To date, TForce’s

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access to the ESI review platform hosted by Epiq has not been fully restored. This has slowed the

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processing and production of documents, and it has delayed at least one deposition that was

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originally scheduled for last week in Charlotte, North Carolina. Third, on March 16, 2020, the

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Court issued an order (ECF 107) modifying Magistrate Judge Kim’s discovery order regarding
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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 RS-SK

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the Secretary’s identification of driver-witnesses for deposition. The discovery order may give

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rise to discovery and depositions that the Parties need to complete, along with several other

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depositions, before discovery closes. Finally, recent events related to the coronavirus, including

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significant limitations on travel and movement nationwide and the March 16, 2020 “shelter in

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place” order in Northern California, has made scheduling depositions, preparing witnesses for

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deposition, and securing attendance of witnesses insurmountably difficult in the short term before

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discovery closes. Thus, the Parties wish to continue the trial and pre-trial dates accordingly.

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NOW, THEREFORE, the Parties hereby stipulate and request that the Court modify the
schedule to reflect the following dates:
a. Case Management Conference currently set for May 21, 2020, will be continued to
a date convenient for the Court.
b. On or before August 14, 2020, the parties shall designate experts.

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c. On or before September 16, 2020, the parties shall designate their supplemental and
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rebuttal experts.
d. On or before October 16, 2020, the Parties shall complete all non-expert discovery.
e. On or before October 16, 2020, the parties shall complete all discovery of expert
witnesses.
f. All pretrial motions shall be heard no later than December 18, 2020, or as soon
thereafter as the Court is available.
g. The final pretrial conference shall be held on February 3, 2021, or as soon
thereafter as the Court is available.
h. Trial shall commence on a date set by the Court on or after February 22, 2021, or

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as soon thereafter as the Court is available.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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3/18/2020
DATED: __________________

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_________________________________
RICHARD SEEBORG
United States District Judge

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Respectfully submitted,
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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 RS-SK

Case 3:17-cv-06624-RS Document 108 Filed 03/17/20 Page 4 of 4

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DATE: March 17, 2020

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s/ Boris Orlov
BORIS ORLOV
U.S. Department of Labor

s/ Brian Berry
BRIAN D. BERRY
Ogletree Deakins Nash Smoak
& Stewart, P.C.

Attorneys for the
Secretary of Labor

Attorney for Defendant
TForce Final Mile West, LLC

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STIPULATION TO MODIFY CASE SCHEDULE

Case No. 3:17-cv-06624 RS-SK