UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
January 11, 2010
LYNDA CARTWRIGHT AND LLOYD CARTWRIGHT, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
VIKING INDUSTRIES, INC., AN OREGON CORPORATION, AND DOES 1-100, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge
STIPULATION AND ORDER TO AMEND SCHEDULING ORDER
WHEREAS, Plaintiffs Lloyd and Lynda Cartwright ("Plaintiffs") and Defendant Viking Industries, Inc. ("Viking") executed and submitted a stipulation on March 19, 2009, which amended the scheduling order which included dates for class certification, fact and expert discovery cutoffs, and trial;
WHEREAS, under the terms of the current pre-trial scheduling order dated April 22, 2008 (Document No. 36), and the Stipulation and Orders to Modify the Scheduling Order dated September 17, 2008 (Document Nos. 65 and 66), December 19, 2008 (Document No. 91), January 22, 2009 (Document No. 102) and March 19, 2009 (Document No. 108), Plaintiffs and Defendant agree that the merits discovery and expert discovery cannot be completed by the existing cutoff dates;
WHEREAS, the hearing on Plaintiff's Motion for Class Certification was held on September 4, 2009, the Motion for Class Certification was granted on September 14, 2009, Defendant's Motion for Reconsideration of Class Certification was denied on November 17, 2009, and Defendant filed its Petition for Permission to Appeal Pursuant to Fed. R. Civ. P. 23(f) in Lynda Cartwright, et al. v. Viking Industries, Inc., et al., U.S. Court of Appeals (9th Cir.) Case No. 09-80178, on December 2, 2009, and Plaintiffs filed their Answer to Defendant's Petition for Permission to Appeal on December 14, 2009;
WHEREAS, the Court has reviewed the parties' stipulation and proposed order to modify the pre-trial scheduling order;
NOW, THEREFORE, Plaintiffs and Defendant, through their respective counsel, stipulate that the following deadlines shall now apply:
1. All fact discovery shall be completed by June 15, 2010;
2. Expert disclosures shall be completed by July 1, 2010;
3. All supplemental expert disclosures shall be completed by July 15, 2010;
4. All expert discovery shall be completed by August 15, 2010;
5. The last day to hear dispositive motions shall be August 20, 2010;
6. The final pre-trial conference shall be September 17, 2010 at 3:00 pm.; and
7. The jury trial shall commence at 9:00 AM on November 2, 2010.
Dated: January 11, 2010
BIRKA-WHITE LAW OFFICES (As authorized on January 11, 2010)
David M. Birka-White 411 Hartz Avenue, Suite 200 Danville, CA 94526 Telephone: (415) 616-9999 Facsimile: (415) 616-9494
Robert J. Nelson Steve Swerdlow LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Embarcadero Center West 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 Class Counsel
ROPERS, MAJESKI, KOHN & BENTLEY Kevin P. Cody 50 W. San Fernando Street, Suite 1400 San Jose, CA 95113 Telephone: (408) 287-6262 Facsimile: (408) 918-4501 Attorneys for Defendant Viking Industries, Inc.
IT IS SO ORDERED.
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