Conde et al v. 2020 Companies LLC et al

Filing 273

STIPULATION AND ORDER TO CONTINUE re #271 . STIPULATION WITH PROPOSED ORDER TO CONTINUE DISCOVERY CUTOFF AND DEADLINE TO FILE MOTIONS filed by 20/20 Communications, Inc., Larry Dale Clark, Shikwana Jennings, Jerrimy Farris, Open Door Marketing, LLC, Carlos Conde, Lisa Drake. Close of Expert Discovery due by 5/19/2018. Close of Fact Discovery due by 6/19/2018. Motions due by 7/10/2018. Rebuttal Expert Discovery due by 6/19/2018. Signed by Magistrate Judge Kandis A. Westmore on 3/6/18. (sisS, COURT STAFF) (Filed on 3/6/2018)

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HAROLD LICHTEN, pro hac vice
([e-mail])
JILL KAHN, pro hac vice
([e-mail])
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: [phone]
Facsimile:
[phone]
MATTHEW D. CARLSON (State Bar No. 273242)
[e-mail]
LICHTEN & LISS-RIORDAN, P.C.
466 Geary St., Suite 201
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Shikwana
Jennings and Lisa Drake

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CHRISTOPHER W. DECKER (SBN 229426)
12 [e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
13 400 South Hope Street, Suite 1200
Los Angeles, CA 90071
14 Telephone:
213.239.9800
Facsimile:
213.239.9045
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WENDY V. MILLER, pro hac vice
16 [e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
17 401 Commerce Street, Suite 1200
Nashville, TN 37067
18 Telephone:
615.254.1900
Facsimile:
615.254.1908
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Attorneys for Defendant
20 2020 COMMUNICATIONS, INC.
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KRISTIN ALEXANDRIA SMITH
[e-mail]
Foster Employment Law
3000 Lakeshore Avenue
Oakland, CA 94610
510-763-1900
Fax: [phone]

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MICHAEL LESLIE THOMPSON, pro hac vice
26 [e-mail]
Lehr Middlebrooks Vreeland and Thompson, P.C.
27 2021 Third Avenue North
Birmingham, AL 35203
28 205-326-3002
Joint Stipulation
and Proposed

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Case No. 15-cv-04080-KAW
JOINT STIPULATION OF THE PARTIES AND [PROPOSED] ORDER
TO CONTINUE DISCOVERY CUTOFF AND MOTION DATES

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Fax: [phone]

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Attorneys for Defendant
OPEN DOOR MARKETING, LLC
LARRY DALE CLARK
JERRIMY FARRIS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHIKWANA JENNINGS AND LISA
DRAKE,

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Plaintiffs,
v.

Case No. 15-cv-04080-KAW
JOINT STIPULATION OF THE PARTIES
AND [PROPOSED] ORDER TO CONTINUE
DISCOVERY CUTOFF AND DEADLINE TO
FILE MOTIONS

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2020 COMPANIES, INC., OPEN
DOOR MARKETING, LLC,
JERRIMY FARRIS, AND LARRY
14 CLARK,
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Defendants.

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Complaint Filed:
Trial Date:
Magistrate Judge:

September 8, 2015
None
Hon. Kandis A. Westmore

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Plaintiffs Shikwana Jennings and Lisa Drake (“Plaintiffs”), and Defendant 2020

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Communications, Inc. (“2020”), Open Door Marketing, LLC, Jerrimy Farris and Larry Clark,

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(collectively, the “Parties”), by and through their respective counsel, hereby agree and stipulate as

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follows:

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1) On December 12, 2017, this Court held a Further Case Management Conference and set
the following deadlines:
Close of Expert Discovery:

3/5/18

Close of Rebuttal Expert Discovery:

4/2/18

Fact Discovery Cutoff:

4/2/18

Motions to be filed by:

4/26/18

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Joint Stipulation
and Proposed

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Case No. 15-cv-04080-KAW
JOINT STIPULATION OF THE PARTIES AND [PROPOSED] ORDER
TO CONTINUE DISCOVERY CUTOFF AND MOTION DATES

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2) The Parties jointly request that the Court continue all deadlines in its December 12,

2 2017 Order by approximately 75 days. The new deadlines would be:
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Close of Expert Discovery:

5/19/18

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Close of Rebuttal Expert Discovery:

6/19/18

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Fact Discovery Cutoff:

6/19/18

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Motions to be filed by:

7/10/18

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3) Good cause exists to continue the deadlines in the Court’s December 12, 2017 Order.

8 The Parties have been unable to complete all discovery in this action due to a variety of unforeseen
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developments affecting this litigation, including:

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a. The parties dispute whether certain communications between plaintiffs’ counsel and

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defendants Larry Clark and Jerrimy Farris are discoverable. The dispute has been

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submitted the Court for a ruling, (Dkt Nos. 257 & 264), which has not yet been

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issued. 20/20 has argued that it would be prejudiced if discovery were to proceed

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without the production of these communications.

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b. On August 24, 2017, Defendants brought a Motion to Compel Arbitration against

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certain opt-in plaintiffs. (Dkt. No. 216.) The Court stayed the motion pending a

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ruling from the United States Supreme Court in Morris v. Ernst & Young LLP, and

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simultaneously stayed this case with respect to any “opt-in Plaintiffs who have

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signed an arbitration agreement, and would be subject to a motion to compel

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arbitration.” (Dkt. No. 235) As of today, Morris remains undecided, and the stay

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remains in place, preventing the parties from determining whether the claims of

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those opt-in Plaintiffs will proceed in this Court or in arbitration and, if the former,

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from completing discovery with regard to those claims.

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c. Due to the stay, Plaintiffs’ Motion For Equitable Tolling of the Statute of

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233) has also been stayed. (Dkt. # 238.) Hence, the applicable statute of limitations

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for these claims is unresolved, impacting the scope of discovery regarding those

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Joint Stipulation
and Proposed

Limitations For FLSA Claims Of Expanded Collective Opt-In Plaintiffs (Dkt. No.

claims, if they are ultimately allowed to proceed in this Court.
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Case No. 15-cv-04080-KAW
JOINT STIPULATION OF THE PARTIES AND [PROPOSED] ORDER
TO CONTINUE DISCOVERY CUTOFF AND MOTION DATES

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4) Additionally, counsel for Plaintiffs and counsel for 2020 are in discussions regarding a

3 possible case management plan which would submit certain potentially dispositive legal issues to
4 the Court for decision in the next 60 days based on a joint statement of facts, while deferring
5 further discovery on other issues until after the Court’s ruling, thereby potentially avoiding
6 unnecessary costs and disputes and promoting the efficient use of the Parties’ and the Court’s
7 resources. Maintaining the existing deadlines would foreclose this possibility.
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5) Accordingly, the Parties jointly request that the Court continue the deadlines in its

9 December 12, 2017 Order as set forth above.
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IT IS SO STIPULATED.

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LICHTEN & LISS-RIORDAN.

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By: /s/ Jill S. Kahn
Jill S. Kahn

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Attorneys for Plaintiffs

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Christopher W. Decker
Christopher W. Decker
Attorneys for Defendant
20/20 COMMUNICATIONS, INC.
(erroneously sued as 2020 Companies LLC)

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Joint Stipulation
and Proposed

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Case No. 15-cv-04080-KAW
JOINT STIPULATION OF THE PARTIES AND [PROPOSED] ORDER
TO CONTINUE DISCOVERY CUTOFF AND MOTION DATES

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DATED: March 2, 2018
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LEHR MIDDLEBROOKS VREELAND AND
THOMPSON, P.C.

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By: /s/ Michael Leslie Thompson
Michael Leslie Thompson

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Attorneys for Defendants
OPEN DOOR MARKETING, LLC
LARRY DALE CLARK
JERRIMY FARRIS

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Joint Stipulation
and Proposed

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Case No. 15-cv-04080-KAW
JOINT STIPULATION OF THE PARTIES AND [PROPOSED] ORDER
TO CONTINUE DISCOVERY CUTOFF AND MOTION DATES

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT the deadline set forth in the

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Court’s December 12, 2017 Order are modified as follows:

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Close of Expert Discovery:

5/19/18

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Close of Rebuttal Expert Discovery:

6/19/18

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Fact Discovery Cutoff:

6/19/18

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Motions to be filed by:

7/10/18

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3/6/18
DATED: ________________________

_____________________________________
United States Magistrate Judge

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33086608.1

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Joint Stipulation
and Proposed

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Case No. 15-cv-04080-KAW
JOINT STIPULATION OF THE PARTIES AND [PROPOSED] ORDER
TO CONTINUE DISCOVERY CUTOFF AND MOTION DATES