U.S. Equal Employment Opportunity Commission v. Maurizio's Trattoria Italiana, LLC et al

Filing 27

ORDER Staying Case for Sixty Days, Continuing Pretrial Deadlines, and Setting Deadline to File a Notice of Appearance. Good cause appearing, Defendant's request for a stay is granted. The instant matter will be stayed until 10/7/2019. The remain ing case deadlines are continued as set forth within this Order. All other guidelines and requirements remain as previously set. The Court declines to set a telephonic Case Management Conference at this time. Defendant is ordered to retain new counsel and the new attorney must file a Notice of Appearance on or before 9/5/2019. Signed by Magistrate Judge Barbara Lynn Major on 8/9/2019.(rmc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 18cv338-MMA(BLM)

U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

ORDER STAYING CASE FOR SIXTY
DAYS, CONTINUING PRETRIAL
DEADLINES, AND SETTING DEADLINE
FOR DEFENSE COUNSEL TO FILE A
NOTICE OF APPEARANCE

Plaintiff,
v.
MAURIZIO'S TRATTORIA ITALIANA, LLC
AND DOES 1-10,

[ECF No. 26]

Defendant.

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On April 26, 2019, the parties filed a Second Joint Motion to Extend Discovery and Pretrial

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Motion Deadlines. ECF No. 20-1. The parties sought to continue the remaining deadlines by

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approximately five months due to the health of defense counsel, who was hospitalized for a

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serious heart condition and was ordered to “avoid intense work activities such as trials,

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depositions, and travel for another two to three months.” Id. at 2-3; see also ECF No. 20-3,

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Declaration of Gregory A. Lutz Supporting Joint Motion to Extend Discovery and Pretrial Motion

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Deadlines. On May 1, 2019, the Court issued an Order Granting Second Joint Motion to Extend

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Discovery and Pretrial Motion Deadlines. ECF No. 21.

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On August 5, 2019, Plaintiff filed a Status Report Regarding Defense Counsel and

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Discovery. ECF No. 23. In the report, Plaintiff stated that the parties “noticed the depositions

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of Defendant’s witnesses for September 6, 13, and 27.
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The deponents include, Maurizio
18cv338-MMA(BLM)

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Carbone, Defendant’s owner and manager, and five other employees.” Id. at 2. Plaintiff also

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stated that on July 8, 2019, it was informed by Mr. Russell De Phillips, an attorney and Executor

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of the Will of Mr. Lutz, that Mr. Lutz, defense counsel, passed away and that Defendant is still

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seeking new counsel. Id.

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On August 7, 2019, Mr. De Phillips filed a Notice of Death of Counsel stating that Mr.

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Lutz passed away on July 2, 2019 and requesting a stay of the action to permit Defendant to

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find new counsel. ECF No. 24. That same day, Judge Anello ordered Plaintiff to file any response

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to Defendant’s notice and request by August 12, 2019. ECF No. 25. On August 7, 2019, Plaintiff

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filed its response. ECF No. 26. Plaintiff states that while it is not in favor of an indefinite stay,

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it will not oppose a stay of up to sixty days to permit Defendant to retain new counsel and get

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up to speed on the case “provided that the current discovery and motion deadlines set forth in

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Magistrate Judge Major’s May 1, 2019 Order are also extended for the same amount of time as

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the length of the stay.” Id. at 1-3. Plaintiff does not feel that an indefinite stay is appropriate

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given that (1) the case has been pending since early 2018, (2) the pretrial deadlines have already

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been continued twice, and (3) Defendant has already had more than a month to begin looking

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for new counsel. Id. If the case is stayed, Plaintiff requests that Judge Major hold a telephonic

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status conference in approximately thirty days for an update on Defendant’s search for new

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counsel. Id. at 4.

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Good cause appearing, Defendant’s request for a stay is GRANTED. The instant matter

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will be stayed until October 7, 2019. The remaining case deadlines are CONTINUED as

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follows:

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Current Deadline

New Deadline

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Fact Discovery Completion

October 18, 2019

December 20, 2019

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Expert Designations

October 18, 2019

December 20, 2019

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Rebuttal Expert Designations

November 18, 2019

January 17, 2019

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Expert Disclosures

October 18, 2019

December 20, 2019

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Supplemental Expert Disclosures

November 18, 2019

January 17, 2020

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Expert Discovery Completion

December 18, 2019

February 17, 2020

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18cv338-MMA(BLM)

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Pretrial Motions1

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All other guidelines and requirements remain as previously set. See ECF Nos. 11, 19 and

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January 27, 2020

March 27, 2020

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The Court declines to set a telephonic Case Management Conference at this time.

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Defendant is ORDERED to retain new counsel and the new attorney must file a Notice of

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Appearance on or before September 5, 2019.

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IT IS SO ORDERED.
Dated: 8/9/2019

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If appropriate, following the filing of an order ruling on a motion for summary judgment or
other dispositive pretrial motion, or in the event no such motion is filed, after the expiration of
the pretrial motion filing deadline, Judge Anello will issue a pretrial scheduling order setting a
pretrial conference, trial date, and all related pretrial deadlines. The parties must review and be
familiar with Judge Anello’s Civil Chambers Rules, which provide additional information regarding
pretrial scheduling.
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18cv338-MMA(BLM)