Opinion
Case No. 4:10-cv-4927 SBA
10-28-2011
JESSE HELTON; ALISHA PICCIRILLO; CHAD LOWE; individually and on behalf of all others similarly situated, Plaintiffs, v. FACTOR 5, INC.; FACTOR 5, LLC; BLUHARVEST, LLC; WHITEHARVEST, LLC; JULIAN EGGEBRECHT; HOLGER SCHMIDT; THOMAS ENGEL; and DOES 1-100, Defendants.
James Smith (SBN 190050) Damien P. Lillis (SBN 191258) Martin L. Pitha (SBN 192447) SMITH LILLIS PITHA LLP Attorneys for Plaintiffs JESSE HELTON, ALISHA PICCIRILLO, CHAD LOWE, individually and on behalf of all others similarly situated Malcolm Leader-Picone BARTLETT, LEADER-PICONE & YOUNG LLP Attorneys for Defendants JULIAN EGGEBRECHT, HOLGER SCHMIDT and THOMAS ENGEL
James Smith (SBN 190050)
Damien P. Lillis (SBN 191258)
Martin L. Pitha (SBN 192447)
SMITH LILLIS PITHA LLP
Attorneys for Plaintiffs
JESSE HELTON, ALISHA PICCIRILLO,
CHAD LOWE, individually and on behalf
of all others similarly situated
Malcolm Leader-Picone
BARTLETT, LEADER-PICONE &
YOUNG LLP
Attorneys for Defendants
JULIAN EGGEBRECHT, HOLGER SCHMIDT
and THOMAS ENGEL
STIPULATION AND [PROPOSED]
ORDER FOR SCHEDULING
MATTERS RELATED TO
INDIVIDUAL DEFENDANTS'
MOTION FOR SUMMARY
ADJUDICATION
Plaintiffs Jesse Helton, Alisha Piccirillo, and Chad Lowe ("Plaintiffs") and Defendants Julian Eggebrecht, Holger Schmidt, and Thomas Engel ("Individual Defendants") hereby jointly apply, by way of stipulation, for an Order concerning a briefing schedule for the Individual Defendants' recently filed Motion for Summary Adjudication and related scheduling issues.
The Individual Defendants filed their Motion for Summary Adjudication on October 20, 2011. Plaintiffs served the Individual Defendants with deposition notices for October 31, 2011 through November 2, 2011. The Individual Defendants and their counsel have indicated they are unavailable for deposition until December 13, 2011. The Motion for Summary Adjudication is scheduled for a hearing on March 6, 2012. Plaintiffs' opposition to the motion is currently scheduled for November 4, 2011.
It is hereby stipulated and agreed by and between the parties, through their respective attorneys of record, as follows:
1. The Individual Defendants will make themselves available for depositions on December 13, 14, and 15, 2011, commencing at 9:00 a.m.
2. Per FRCP 30(d)(2) the deposition shall be limited to seven hours.
3. Current deadlines for the Individual Defendants' Motion for Summary Adjudication are vacated.
4. Plaintiffs' Opposition to the Individual Defendants' Motion for Summary Adjudication shall be filed and served no later than January 9, 2012.
5. The Individual Defendants' Reply papers shall be filed and served no later than January 24, 2012.
The parties to this stipulation believe that good cause exists and agree to this briefing and deposition schedule.
IT IS SO STIPULATED:
SMITH LILLIS PITHA LLP
JAMES SMITH
BARTLETT, LEADER-PICONE & YOUNG
MALCOLM LEADER-PICONE
IT IS SO ORDERED
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE