Opinion
1:17-cv-00796-AWI-BAM
07-09-2021
ISAIAS VASQUEZ and LINDA HEFKE on behalf of all other similarly situated individuals, Plaintiffs, v. LEPRINO FOODS COMPANY, a Colorado Corporation; LEPRINO FOODS DAIRY PRODUCTS COMPANY, a Colorado Corporation; and DOES 1-50, inclusive, Defendants.
Alexander R. Wheeler, Kitty K. Szeto, Ryan A. Crist, Attorneys for Plaintiffs and the Certified Class HANSON BRIDGETT LLP Lisa M. Pooley, Lisa M. Pooley, Sandra L. Rappaport, Attorneys for Defendants JOHN M. BICKFORD (SBN 280929) RYAN A. CRIST (SBN 316653) PARRIS LAW FIRM PHILIP A. DOWNEY (ADMITTED PRO HAC VICE) ATTORNEYS FOR PLAINTIFFS AND THE CERTIFIED CLASS [COUNSEL FOR DEFENDANTS ON THE FOLLOWING PAGE] HANSON BRIDGETT LLP SANDRA L. RAPPAPORT, SBN 172990 WINSTON K. HU, SBN 306677 AMANDA M. OSOWSKI, GYMMEL M. TREMBLY, SBN 327236 ATTORNEYS FOR DEFENDANTS LEPRINO FOODS COMPANY AND LEPRINO FOODS DAIRY PRODUCTS COMPANY
Alexander R. Wheeler, Kitty K. Szeto, Ryan A. Crist, Attorneys for Plaintiffs and the Certified Class HANSON BRIDGETT LLP
Lisa M. Pooley, Lisa M. Pooley, Sandra L. Rappaport, Attorneys for Defendants
JOHN M. BICKFORD (SBN 280929)
RYAN A. CRIST (SBN 316653) PARRIS LAW FIRM
PHILIP A. DOWNEY (ADMITTED PRO HAC VICE)
ATTORNEYS FOR PLAINTIFFS AND THE CERTIFIED CLASS [COUNSEL FOR DEFENDANTS ON THE FOLLOWING PAGE]
HANSON BRIDGETT LLP SANDRA L. RAPPAPORT, SBN 172990
WINSTON K. HU, SBN 306677
AMANDA M. OSOWSKI,
GYMMEL M. TREMBLY, SBN 327236 ATTORNEYS FOR DEFENDANTS LEPRINO FOODS COMPANY AND LEPRINO FOODS DAIRY PRODUCTS COMPANY
CLASS ACTION JOINT STIPULATION TO AMEND SCHEDULING ORDER (DKT. 216); ORDER
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
JOINT STIPULATION
Plaintiffs Isaias Vazquez and Linda Hefke “Plaintiffs” and Defendants Leprino Foods Company and Leprino Foods Dairy Products Company “Defendants” or “Leprino, ” and together collectively, the “Parties”, by and through their respective counsel of record, hereby submit this Joint Stipulation to amend the Amended Supplemental Scheduling Order.
WHEREAS, on October 13, 2020, the Court issued a Supplemental Scheduling Order, which set, among other dates, the non-expert discovery deadline as June 14, 2021 and the expert discovery deadline as October 15, 2021 Dkt.188;
WHEREAS, on April 23, 2021, the Court issued an Amended Supplemental Scheduling Order, which, among other extensions, extended the non-expert discovery deadline by one month, until July 14, 2021, and extended the expert discovery deadline by 17 days, until November 1, 2021 Dkt. 216;
WHEREAS, on May 26, 2021, Plaintiff Vazquez served Defendant Leprino Foods Company with a Request for Production of Documents, Set Five;
WHEREAS, on June 28, 2021, Defendant timely served its Response to Plaintiff Vazquez's Request for Production of Documents, Set Five, which asserted certain objections to the requests;
WHEREAS, on July 7, 2021 the Parties met and conferred telephonically regarding Leprino's Response to Plaintiff Vazquez's Requests for Production of Documents, Set Five;
WHEREAS, during the meet-and-confer discussions, the Parties agreed that Defendant Leprino Foods Company will produce the non-anonymized electronic time and payroll data in Excel format for the entire Class the “Class” is defined as “all non-exempt hourly workers who are currently employed, or formerly have been employed, as non-exempt hourly employees at Defendant's Lemoore West facilities in Lemoore, California, at any time within four years prior to the filing of the original complaint until March 31, 2020, and who did not submit a timely opt-out in response to the class notice procedure”;
WHEREAS, the Parties agreed to extend the non-expert discovery deadline solely for the purpose of allowing Defendant Leprino Foods Company sufficient time to produce the time and payroll data of the Class to Plaintiffs;
WHEREAS, the Parties agree that no party may conduct any non-expert discovery beyond July 14, 2021, except for 1 Defendant Leprino Foods Company's production of the time and payroll data of the Class to Plaintiffs and 2 the discovery permitted by the Court for the sole purpose of confirming the class list, as ordered in the Court's June 29, 2021 Order to be completed by July 28, 2021 Dkt. 229;
WHEREAS, Defendant Leprino Foods Company expects to be able to produce the time and payroll data of the Class to Plaintiffs by the second week of August, 2021, at the latest;
WHEREAS, Plaintiffs represented that their expert needs two months to analyze the time and payroll data of the Class before they can make their initial expert disclosure pursuant to FRCP 26a2A and B;
WHEREAS, the Parties agree to amend some of the dates in the Amended Supplemental Scheduling Order Dkt. 216 for certain specific purposes only;
THEREFORE, IT IS HEREBY STIPULATED by and between the Parties that Leprino shall provide the electronic time and payroll data in Excel format for the entire Class in or before the second week of August, 2021. In addition, the Parties agree there is good cause to amend the Scheduling Order as follows, provided that all of the electronic time and payroll data is produced by the second week of August
1. For the sole purpose of Defendant Leprino Foods Company's production of the non-anonymized time and payroll data of the Class to Plaintiffs, the non-expert discovery deadline will be August 13, 2021;
2. The non-expert discovery deadline of July 14, 2021, shall remain in place except for 1 Defendant Leprino Foods Company's production of the non-anonymized time and payroll data of the Class to Plaintiffs and 2 the discovery permitted by the Court for the sole purpose of confirming the class list, as ordered in the Court's June 29, 2021 Order to be completed by July 28, 2021 Dkt. 229;
3. The expert disclosure deadline will be October 15, 2021;
4. The supplemental expert disclosure deadline will be December 1, 2021;
5. The expert discovery deadline will be January 10, 2022; and
6. The deadline to file dispositive motions will be January 17, 2022.
ORDER
Pursuant to the Parties' Stipulation, the Court finds good cause to amend the Amended Supplemental Scheduling Order, Dkt. 216, as follows:
1. For the sole purpose of Defendant Leprino Foods Company's production of the non-anonymized time and payroll data of the Class to Plaintiffs, the non-expert discovery deadline will be August 13, 2021;
2. The non-expert discovery deadline of July 14, 2021, shall remain in place except for: (1) Defendant Leprino Foods Company's production of the non-anonymized time and payroll data of the Class to Plaintiffs and (2) the discovery permitted by the Court for the sole purpose of confirming the class list, as ordered in the Court's June 29, 2021 Order to be completed by July 28, 2021 (Dkt. 229);
3. The expert disclosure deadline will be October 15, 2021;
4. The supplemental expert disclosure deadline will be December 1, 2021;
5. The expert discovery deadline will be January 10, 2022; and
6. The deadline to file dispositive motions will be January 17, 2022.
IT IS SO ORDERED.