The opinion of the court was delivered by: Judge: Honorable Frank C. Damrell, Jr.
IT IS HEREBY STIPULATED by the above-captioned parties, through their respective counsel, as follows:
1. On December 7, 2007, Plaintiffs filed a class action First Amended Complaint against the Defendant for alleged wage and hour employment law violations. On December 14, 2007, the Court issued a Scheduling Order which, among other things, scheduled a trial date of September 15, 2009. At the time the Scheduling Order was issued, the parties believed that the deadlines contained in the initial order made sense.
2. After engaging in discovery of this case for the past approximately twelve months, the parties are now interested in settling this matter. Unfortunately though, given the economic condition of the housing industry and the Defendant's dire financial health, the parties are unable to engage in any meaningful settlement discussions. Among other things, the Defendant has been forced to drastically reduce its workforce and consider the possibility of filing for bankruptcy.
3. Consequently, the parties submit that the remaining dates contained in the initial Scheduling Order should be continued by at least twelve (12) months in order to allow the Defendant an opportunity to improve its financial situation and allow the parties an opportunity to resolve this matter in a way that benefits both parties. Respectfully submitted, the parties propose that the dispositive motion deadline be re-scheduled for a date no earlier than April 17, 2010, the Pretrial Conference be scheduled for a date no earlier than June 19, 2010, and the trial be re-scheduled for a date no earlier than September 15, 2010. In addition, the parties agree and request that Plaintiffs shall reserve the right to inspect and copy up until the time of trial all documents produced by the Defendant during discovery which were responsive to the Plaintiffs' Request For Documents.
4. The parties having jointly stipulated and jointly moved the Court for a modification to the Scheduling Order with respect to pretrial and trial dates and for good cause shown, it is hereby requested that the following dates shall be substituted for the dates in the Scheduling Order entered on December 17, 2007.
Dispositive Motion Deadlines:
Final Pretrial Conference:
To be set by the Court Trial Date:
APPROVED AS TO FORM AND CONTENT:
LAW OFFICES OF CORREN and CORREN Adam Blair Corren, SBN 183067 5345 N. El Dorado Street, Suite 7 Stockton, CA 95209 Telephone: (209) 478-2621 Facsimile (209) 478-3038 E-mail: email@example.com Attorneys for Defendant, Quality Communities, Inc.
LAW OFFICES OF MALLISON & MARTINEZ Stan Mallison, SBN 184191 1042 Brown Avenue Lafayette, CA 94549 Telephone (925) 283-3842 Facsimile (925) 283-3426 E-mail: ...