STIPULATION AND [PROPOSED] ORDER TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER
Plaintiff JASON NIELSEN and Defendants TROFHOLZ TECHNOLOGIES, INC., TROY GLENN, YVONNE GLENN, BRENNA PEDONE, and ANDREW PARKER (collectively "Defendants") of the above-entitled action jointly submit this Stipulation and Proposed Order to Modify the Court's August 5, 2009, Status (Pretrial Scheduling) Order. For the reasons set forth below, the parties request that the pretrial and trial dates be continued for 60-90 days.
In support of this Stipulation, the parties provide the Court with the following background demonstrating good cause for the parties' request, as required by Fed. R. Civ. P. 16(b).
A. Brief Summary of the Claims:
Plaintiff Jason Nielsen ("Plaintiff") is a former employee of Trofholz Technologies Inc, ("TTI") and worked as a project manager out of the Rocklin office. Plaintiff alleges that Defendant Andrew Parker and a female employee, who was a direct subordinate of Plaintiff, at TTI had been engaging in a sexual relationship and that as a result of said relationship, Parker had been favoring his paramour and discriminating against Plaintiff. After Plaintiff's report of the affair to TTI management Defendants, and each of them, subjected Plaintiff to a hostile work environment, discrimination, harassment, and retaliation, including, but not limited to, unjustified negative performance reviews, unwarranted disciplinary actions, denial of pay increases and/or bonuses, further harassment and retaliation, and ultimately, Defendant TTI's wrongful termination of Plaintiff on or about December 30, 2008. Defendants deny these allegations.
B. Status of Service of Process
As of the time the Court issued its Status (Pretrial Scheduling) Order on August 5, 2009, Plaintiff had not served defendant Andrew Parker. In its Status (Pretrial Scheduling) Order, the Court ordered that Parker be served within forty (40) days of the date of the Order, or by September 14, 2009.
Parker does not reside in California, and is on active military duty in Washington, D.C. Plaintiff was not able to serve Parker until on or around April 7, 2010. Parker answered Plaintiff's Complaint on April 26, 2010.
The parties have exchanged written discovery requests and responses thereto.
The parties have exchanged expert witness reports.
Defendants TTI, Yvonne Glenn, Troy Glenn and Brenna Pedone took Plaintiff's deposition on January 20, 2010.
Plaintiff has commenced depositions of defendants and various TTI employees, with several depositions noticed ...