1 Stan S. Mallison (SBN 184191) StanM@TheMMLawFirm.com 2 Hector R. Martinez (SBN 206336) HectorM@TheMMLawFirm.com 3 Daniel C. Keller (SBN 332576) Dkeller@TheMMLawFirm.com 4 Caroline L. Hill (SBN 349176) CHill@themmlawfirm.com 5 MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 6 Oakland, CA 94612 Telephone: (510) 832-9999 7 Facsimile: (510) 832-1101
8 Attorneys for Plaintiff GLENN FITE
9 [Additional Counsel Listed On Following Page]
10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 GLENN FITE and DAVID GARCIA, Case No. 2:21-CV-01633-DJC-AC 14 individually, and on behalf of all others similarly situated, JOINT STIPULATION FOR AN ORDER 15 TO STAY MATTER PENDING Plaintiffs, COMPLETION OF MEDIATION 16 SCHEDULED FOR OCTOBER 30, 2024; vs. ORDER 17 SYSCO SACRAMENTO, INC., a Delaware Complaint Filed: September 10, 2021 18 Corporation; and DOES 1-50, inclusive, Trial Date: None Set
19 Defendants. Before the Honorable Daniel J. Calabretta 20
27 1 Jennifer C. Terry (SBN 200541) Brittany M. Hernandez (SBN 299044) 2 Rodrigo J. Dryjanski (SBN 312216) 3 REED SMITH LLP 355 South Grand Avenue, Suite 2900 4 Los Angeles, CA 90071-1514 Telephone: +1 213 457 8000 5 Facsimile: +1 213 457 8080 Email: jcterry@reedsmith.com 6 bmhernandez@reedsmith.com rdryjanski@reedsmith.com 7 Attorneys for Defendant 8 SYSCO SACRAMENTO, INC.
27 1 Plaintiffs Glenn Fite and David Garcia (“Plaintiffs”) and Defendant Sysco Sacramento, Inc. 2 (“Defendant”) (collectively, the “Parties”), by and through their respective counsel, hereby enter into 3 the following stipulation with reference to the following facts: 4 WHEREAS, on January 24, 2024, the Court issued an Order granting the Parties’ Joint 5 Stipulation which granted Plaintiff leave to file the Third Amended Complaint and continued 6 Plaintiff’s deadline to file the Motion for Class Certification to September 27, 2024 [Dkt Nos. 76 and 7 77]; 8 WHEREAS, the Parties have engaged in further meet and confer discussions and reached an 9 agreement to engage in private mediation in this case which is scheduled for October 30, 2024 with 10 Justice James Lambden (Ret.); 11 WHEREAS, on July 30, 2024, this Court issued a scheduling order (“July 29th Scheduling 12 Order”) setting the following dates: (1) deadline for class certification motion – September 27, 2024; 13 (2) class certification hearing – November 14, 2024; (3) deadline for joint mid-discovery statement – 14 February 14, 2025; (4) deadline for fact discovery – July 1, 2025; (5) deadline for expert disclosure – 15 August 1, 2025; (6) deadline for rebuttal experts – September 1, 2025; (7) deadline for expert discovery 16 – October 1, 2025; (8) deadline for dispositive motions – December 1, 2025; and (9) dispositive motion 17 hearing – January 22, 2026; 18 WHEREAS, the Parties have agreed that staying this action pending mediation is in the 19 interests of judicial economy and the conservation of judicial and party resources. Thus, the Parties 20 request that this case be stayed in all respects, that all pending class certification deadlines and dates set 21 are hereby vacated, and that the remainder of the dates set in the July 29th Scheduling Order be 22 continued by approximately 90 days; 23 WHEREAS, the Court has inherent authority to issue a stay of this action pending mediation. Landis 24 v. N. Am. Co., 299 U.S. 248, 254-55 (1936) (“[T]he power to stay proceedings is incidental to the power 25 inherent in every court to control the disposition of the causes of its docket with economy of time and effort 26 for itself, for counsel, and for litigants.”); and 27 WHEREAS, counsel for the Parties propose that a post-mediation status report be filed 1 mediation, the Parties agree to meet and confer as to class certification and present proposed deadlines 2 to the Court in the post-mediation status report, including: (1) the deadline for class certification 3 motion; and (2) proposed schedule for the opposition and reply deadlines that incorporates expert 4 discovery relating to class certification during class certification briefing. 5 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the 6 Parties, through their respective counsel of record herein, that: 7 1. This case should be stayed until the October 30, 2024 mediation. 8 2. All hearing dates and deadlines to file motions, oppositions, replies and documents 9 related thereto should be vacated so that the Parties can focus their resources on mediation. This 10 includes but is not limited to all deadlines relating to Plaintiffs’ Motion for Class Certification set in 11 the Scheduling Order [Dkt No. 83] and Defendant’s Motion for Judgment on the Pleadings, until after 12 the Parties complete their scheduled mediation on October 30, 2024. 13 3. The following deadlines set in the Scheduling Order [Dkt No. 83] should be continued by 14 approximately 90 days as follows: (1) deadline for joint mid-discovery statement – continued to May 15 15, 2025; (2) deadline for fact discovery – continued to September 29, 2025; (3) deadline for expert 16 disclosure – continued to October 30, 2025; (4) deadline for rebuttal experts – continued to November 17 30, 2025; (5) deadline for expert discovery – continued to December 30, 2025; (6) deadline for 18 dispositive motions – continued to March 1, 2026; and (7) dispositive motion hearing – continued to 19 April 22, 2026, or a date thereafter that is convenient for the Court. 20 4. The Parties agree to informally stay all discovery, including the serving and responding 21 to written discovery and depositions, as well as to all deadlines to file motions related to any and all 22 pending discovery. The Parties agree to only resume formal discovery in the event that mediation is 23 cancelled or is unsuccessful–defined by failing to reach a settlement during mediation or by the 24 expiration of a mediator’s proposal, whichever date is later. Deadlines for all pending discovery shall 25 resume on the date that mediation is unsuccessful–defined by failing to reach a settlement during 26 mediation or by the expiration of a mediator’s proposal, whichever date is later. 27 5. The Parties shall file a post-mediation status report 14 days after the scheduled 1 6. The Parties preserve all claims, defenses, objections, and legal arguments they have or 2 may have in this action. The Parties’ stipulation and stay of this action shall not affect or impact the 3 Parties’ claims, defenses, objections, or arguments in any regard. 4 5 IT IS SO STIPULATED. 6 Dated: August 7, 2024 MALLISON & MARTINEZ 7 By: /s/ Daniel C. Keller (as authorized on 8-5-24) 8 Stan S. Mallison 9 Daniel C. Keller Caroline L. Hill 10 Attorneys for Plaintiffs GLENN FITE and 11 DAVID GARCIA
12 Dated: August 7, 2024 REED SMITH LLP 13 By: /s/ Brittany M. Hernandez 14 Jennifer C. Terry Brittany M. Hernandez 15 Rodrigo J. Dryjanski
16 Attorneys for Defendant SYSCO SACRAMENTO, INC. 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Having considered the Joint Stipulation and good cause appearing, IT IS HEREBY ORDERED 3 that: 4 1. This case is stayed in its entirety until October 30, 2024. 5 2. All hearing dates and deadlines to file motions, oppositions, replies and documents 6 relate thereto are vacated, including all deadlines relating to Plaintiffs’ Motion for Class Certification 7 set in the July 30th Scheduling Order [Dkt No. 83], until after the Parties complete their scheduled 8 mediation on October 30, 2024. 9 3. The deadlines set in the Scheduling Order [Dkt No.
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1 Stan S. Mallison (SBN 184191) StanM@TheMMLawFirm.com 2 Hector R. Martinez (SBN 206336) HectorM@TheMMLawFirm.com 3 Daniel C. Keller (SBN 332576) Dkeller@TheMMLawFirm.com 4 Caroline L. Hill (SBN 349176) CHill@themmlawfirm.com 5 MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 6 Oakland, CA 94612 Telephone: (510) 832-9999 7 Facsimile: (510) 832-1101
8 Attorneys for Plaintiff GLENN FITE
9 [Additional Counsel Listed On Following Page]
10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 GLENN FITE and DAVID GARCIA, Case No. 2:21-CV-01633-DJC-AC 14 individually, and on behalf of all others similarly situated, JOINT STIPULATION FOR AN ORDER 15 TO STAY MATTER PENDING Plaintiffs, COMPLETION OF MEDIATION 16 SCHEDULED FOR OCTOBER 30, 2024; vs. ORDER 17 SYSCO SACRAMENTO, INC., a Delaware Complaint Filed: September 10, 2021 18 Corporation; and DOES 1-50, inclusive, Trial Date: None Set
19 Defendants. Before the Honorable Daniel J. Calabretta 20
27 1 Jennifer C. Terry (SBN 200541) Brittany M. Hernandez (SBN 299044) 2 Rodrigo J. Dryjanski (SBN 312216) 3 REED SMITH LLP 355 South Grand Avenue, Suite 2900 4 Los Angeles, CA 90071-1514 Telephone: +1 213 457 8000 5 Facsimile: +1 213 457 8080 Email: jcterry@reedsmith.com 6 bmhernandez@reedsmith.com rdryjanski@reedsmith.com 7 Attorneys for Defendant 8 SYSCO SACRAMENTO, INC.
27 1 Plaintiffs Glenn Fite and David Garcia (“Plaintiffs”) and Defendant Sysco Sacramento, Inc. 2 (“Defendant”) (collectively, the “Parties”), by and through their respective counsel, hereby enter into 3 the following stipulation with reference to the following facts: 4 WHEREAS, on January 24, 2024, the Court issued an Order granting the Parties’ Joint 5 Stipulation which granted Plaintiff leave to file the Third Amended Complaint and continued 6 Plaintiff’s deadline to file the Motion for Class Certification to September 27, 2024 [Dkt Nos. 76 and 7 77]; 8 WHEREAS, the Parties have engaged in further meet and confer discussions and reached an 9 agreement to engage in private mediation in this case which is scheduled for October 30, 2024 with 10 Justice James Lambden (Ret.); 11 WHEREAS, on July 30, 2024, this Court issued a scheduling order (“July 29th Scheduling 12 Order”) setting the following dates: (1) deadline for class certification motion – September 27, 2024; 13 (2) class certification hearing – November 14, 2024; (3) deadline for joint mid-discovery statement – 14 February 14, 2025; (4) deadline for fact discovery – July 1, 2025; (5) deadline for expert disclosure – 15 August 1, 2025; (6) deadline for rebuttal experts – September 1, 2025; (7) deadline for expert discovery 16 – October 1, 2025; (8) deadline for dispositive motions – December 1, 2025; and (9) dispositive motion 17 hearing – January 22, 2026; 18 WHEREAS, the Parties have agreed that staying this action pending mediation is in the 19 interests of judicial economy and the conservation of judicial and party resources. Thus, the Parties 20 request that this case be stayed in all respects, that all pending class certification deadlines and dates set 21 are hereby vacated, and that the remainder of the dates set in the July 29th Scheduling Order be 22 continued by approximately 90 days; 23 WHEREAS, the Court has inherent authority to issue a stay of this action pending mediation. Landis 24 v. N. Am. Co., 299 U.S. 248, 254-55 (1936) (“[T]he power to stay proceedings is incidental to the power 25 inherent in every court to control the disposition of the causes of its docket with economy of time and effort 26 for itself, for counsel, and for litigants.”); and 27 WHEREAS, counsel for the Parties propose that a post-mediation status report be filed 1 mediation, the Parties agree to meet and confer as to class certification and present proposed deadlines 2 to the Court in the post-mediation status report, including: (1) the deadline for class certification 3 motion; and (2) proposed schedule for the opposition and reply deadlines that incorporates expert 4 discovery relating to class certification during class certification briefing. 5 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the 6 Parties, through their respective counsel of record herein, that: 7 1. This case should be stayed until the October 30, 2024 mediation. 8 2. All hearing dates and deadlines to file motions, oppositions, replies and documents 9 related thereto should be vacated so that the Parties can focus their resources on mediation. This 10 includes but is not limited to all deadlines relating to Plaintiffs’ Motion for Class Certification set in 11 the Scheduling Order [Dkt No. 83] and Defendant’s Motion for Judgment on the Pleadings, until after 12 the Parties complete their scheduled mediation on October 30, 2024. 13 3. The following deadlines set in the Scheduling Order [Dkt No. 83] should be continued by 14 approximately 90 days as follows: (1) deadline for joint mid-discovery statement – continued to May 15 15, 2025; (2) deadline for fact discovery – continued to September 29, 2025; (3) deadline for expert 16 disclosure – continued to October 30, 2025; (4) deadline for rebuttal experts – continued to November 17 30, 2025; (5) deadline for expert discovery – continued to December 30, 2025; (6) deadline for 18 dispositive motions – continued to March 1, 2026; and (7) dispositive motion hearing – continued to 19 April 22, 2026, or a date thereafter that is convenient for the Court. 20 4. The Parties agree to informally stay all discovery, including the serving and responding 21 to written discovery and depositions, as well as to all deadlines to file motions related to any and all 22 pending discovery. The Parties agree to only resume formal discovery in the event that mediation is 23 cancelled or is unsuccessful–defined by failing to reach a settlement during mediation or by the 24 expiration of a mediator’s proposal, whichever date is later. Deadlines for all pending discovery shall 25 resume on the date that mediation is unsuccessful–defined by failing to reach a settlement during 26 mediation or by the expiration of a mediator’s proposal, whichever date is later. 27 5. The Parties shall file a post-mediation status report 14 days after the scheduled 1 6. The Parties preserve all claims, defenses, objections, and legal arguments they have or 2 may have in this action. The Parties’ stipulation and stay of this action shall not affect or impact the 3 Parties’ claims, defenses, objections, or arguments in any regard. 4 5 IT IS SO STIPULATED. 6 Dated: August 7, 2024 MALLISON & MARTINEZ 7 By: /s/ Daniel C. Keller (as authorized on 8-5-24) 8 Stan S. Mallison 9 Daniel C. Keller Caroline L. Hill 10 Attorneys for Plaintiffs GLENN FITE and 11 DAVID GARCIA
12 Dated: August 7, 2024 REED SMITH LLP 13 By: /s/ Brittany M. Hernandez 14 Jennifer C. Terry Brittany M. Hernandez 15 Rodrigo J. Dryjanski
16 Attorneys for Defendant SYSCO SACRAMENTO, INC. 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Having considered the Joint Stipulation and good cause appearing, IT IS HEREBY ORDERED 3 that: 4 1. This case is stayed in its entirety until October 30, 2024. 5 2. All hearing dates and deadlines to file motions, oppositions, replies and documents 6 relate thereto are vacated, including all deadlines relating to Plaintiffs’ Motion for Class Certification 7 set in the July 30th Scheduling Order [Dkt No. 83], until after the Parties complete their scheduled 8 mediation on October 30, 2024. 9 3. The deadlines set in the Scheduling Order [Dkt No. 83] are continued as follows: (1) 10 deadline for joint mid-discovery statement – continued to May 15, 2025; (2) deadline for fact discovery 11 – continued to September 29, 2025; (3) deadline for expert disclosure – continued to October 30, 2025; 12 (4) deadline for rebuttal experts – continued to November 30, 2025; (5) deadline for expert discovery 13 – continued to December 30, 2025; (6) deadline for dispositive motions – continued to March 1, 2026; 14 and (7) dispositive motion hearing – continued to April 30th, 2026. 15 4. The Parties shall file a post-mediation status report on November 13th, 2024. 16 17 IT IS SO ORDERED. 18 Dated: August 7, 2024 /s/ Daniel J. Calabretta 19 THE HONORABLE DANIEL J. CALABRETTA 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27