Vega et al v. Weeks Wholesale Rose Grower, Inc.

Filing 81

STIPULATION and ORDER TO EXTEND DEADLINES: Discovery due by 9/27/2010; Dispositive Motions filed by 11/8/2010, Hearing 12/10/2010; Non-Dispositive Motions filed by 9/28/2010, Hearing 10/22/2010; Pretrial Conference set for 1/21/2011 at 01:30 PM in Co urtroom 9 (DLB) before Magistrate Judge Dennis L. Beck, Jury Trial set for 3/1/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Opposition to Motion for Class Certification due 6/21/2010; Reply due 7/28/2010; 70 MOTION to CERTIFY CLASS HEARING RESET for 8/13/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. signed by Magistrate Judge Dennis L. Beck on 5/12/2010. (Hernandez, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STAN S. MALLISON (SBN 184191) HECTOR R. MARTINEZ (SBN 206336) LAW OFFICES OF MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, CA 94612 Telephone: (510) 832-9999 Facsimile: (510) 832-1101 StanM@TheMMLawFirm.com HectorM@TheMMLawFirm.com Attorneys for PLAINTIFFS CHRISTIAN POLAND (SBN 162224) BRYAN CAVE LLP 161 North Clark Street, Suite 4300 Chicago, IL 60601 Telephone: (312) 602-5085 Facsimile: (312) 698-7485 christian.poland@byrancave.com JULIE E. PATTERSON (SBN 167326) BRYAN CAVE LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612 Telephone: (949) 223-7000 Facsimile: (949) 223-7100 julie.patterson@bryancave.com Attorneys for DEFENDANT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION SERGIO VEGA, ALFONSO RIVERA, JUAN MORALES, EMILIANO ARMENTA, PEDRO RIOS, and JOSE NAVA on behalf of themselves and all others similarly situated, PLAINTIFFS, vs. WEEKS WHOLESALE ROSE GROWER, INC., doing business as "Weeks Wholesale Rose Grower" and "Weeks Roses," DEFENDANT. Plaintiffs, Sergio Vega, et al., and Defendant, Weeks Wholesale Rose Grower Inc., hereby stipulate as follows: CH01:137135.2 Case No. 1:07-cv-00225-DLB CLASS ACTION STIPULATION TO EXTEND REMAINING CASE DEADLINES AND PROPOSED ORDER 1 Case No. 1:07-cv-000225-DLB Stipulation to Extend Remaining Case Deadlines and Proposed Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Defendant states that its current financial status continues to severely impact its ability to litigate this matter. 2. The parties previously requested a temporary stay of litigation and extension of all key deadlines, which this Court granted by order dated February 24, 2010, pending the parties' March 8, 2010 mediation of this matter with mediator Mark Rudy. While the mediation was not successful in resolving this matter, the mediation assisted both parties in understanding the other's litigation and settlement positions. 3. On April 26, Plaintiffs timely filed a motion for class certification per the Court's order dated February 24, 2010. 4. In order to respond to Plaintiffs' motion for class certification, Defendant believes it is necessary for it to depose approximately 12 of the 29 declarants whose declarations Plaintiffs have submitted in support of their motion for class certification. Plaintiffs dispute Defendant's contention and are only willing to permit three such depositions to be taken, so the issue will likely require the Court's involvement to resolve. In any event, neither party wants to incur additional litigation expenses if this matter can be resolved by settlement, and thus both parties would like a brief period of time to conduct additional settlement discussions, with the help of mediator Mark Rudy (who has already been in contact with both parties), prior to engaging in additional oral discovery and briefing on the motion for class certification. 5. After meeting and conferring, the parties agree that a 30-day to 90-day extension of the remaining case deadlines would be practical, efficient, and fair to all parties. -2- Case No. 1:07-cv-000225-DLB Stipulation to Extend Remaining Case Deadlines and Proposed Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Accordingly, the parties ask that the Court extend the remaining case deadlines in the case as follows: Opposition to motion for class certification: Reply brief on motion for class certification: Hearing on the motion for class certification: Deadline to complete all discovery: Non-Dispositive Motions due by: Hearing on non-dispositive motions by: Dispositive motions due by: Hearing on dispositive motions by: Pretrial conference: Jury Trial: Current Date 5/21/10 5/28/10 6/07/10 6/28/10 6/28/10 7/19/10 8/09/10 9/02/10 9/20/10 11/18/10 New Date 6/21/10 7/28/10 8/13/10 9/27/10 9/28/10 10/22/10 11/8/10 12/10/10 1/21/11 1:30 p.m. 3/1/11 9:00 a.m. The parties stipulate as to these new proposed deadlines as set forth above, and respectfully request that this Court sign the below attached proposed order which reflects these changes. DATED: May 7, 2010 LAW OFFICES OF MALLISON & MARTINEZ By: s/ Stan S. Mallison One of the Attorneys for Plaintiffs BRYAN CAVE LLP By: s/ Christian Poland One of the Attorneys for Defendant DATED: May 7, 2010 IT IS SO ORDERED: The parties having so stipulated and good cause appearing, the schedule for this case is hereby amended as set forth above. IT IS SO ORDERED. Dated: DEAC_Sig nat ur e - END: May 12, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 3b142a -3Case No. 1:07-cv-000225-DLB Stipulation to Extend Remaining Case Deadlines and Proposed Order

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