1 David Mara (SBN 230498) Matthew Crawford (SBN 310230) 2 MARA LAW FIRM, PC 2650 Camino Del Rio N., Suite 302 3 San Diego, CA 92108 Telephone: 619 234 2833 4 Facsimile: 619 234 4048 Email: dmara@maralawfirm.com 5 mcrawford@maralawfirm.com
6 Jennifer Kramer, SBN 203385 Email: jennifer@employmentattorneyla.com 7 HENNIG KRAMER RUIZ & SINGH, LLP 3600 Wilshire Blvd., Suite 3600 8 Los Angeles, CA 90010 Telephone: (213) 310-8301 9 Attorneys for Plaintiffs JOSHUA WATSON and 10 ROBERT MARK-WATERHOUSE.
11 Tyler M. Paetkau (Bar No. 146305) tyler.paetkau@huschblackwell.com 12 Olga Savage (Bar No. 252009) olga.savage@huschblackwell.com 13 HUSCH BLACKWELL LLP 1999 Harrison St., Suite 700 14 Oakland, CA 94612 Telephone: 510.768.0650 15 Facsimile: 510.768.0651
16 Attorneys for Defendants DOT TRANSPORTATION, INC. and DOT FOODS, INC. 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA 19 JOSHUA WATSON and ROBERT MARK- Case No.: 2:21-cv-01303-MCE-AC 20 WATERHOUSE, individuals, and on behalf of others similarly situated, JOINT STIPULATION TO CONTINUE 21 ALL DISCOVERY DEADLINES. Plaintiffs, 22 vs. Judge: Hon. Morrison C. England, Jr 23 Courtroom: 7 DOT TRANSPORTATION, INC., a 24 Delaware Corporation; DOT FOODS, INC., an Illinois Corporation; and DOES 1 through [Complaint Filed: June 15, 2021] 25 50, Inclusive,
26 Defendants. 27 1 This Joint Stipulation to Continue All Discovery Deadlines is entered into between 2 Plaintiffs Joshua Watson and Robert Mark-Waterhouse, on the one hand, and DOT 3 TRANSPORTATION, INC. and DOT FOODS, INC., on the other hand (collectively, the 4 “Parties”), by and through their counsel for record, with respect to the following facts: 5 RECITALS 6 1. This is the fourth stipulation the parties are submitting to continue discovery 7 deadlines. 8 2. On about January 26, 2022, Plaintiff Watson noticed the Rule 30(b)(6) depositions 9 of Dot Foods, Inc. (Person Most Qualified) and Dot Transportation, Inc. (Person 10 Most Qualified). Plaintiff Watson also propounded the following written discovery 11 on Defendant Dot Transportation, Inc.: Plaintiff Joshua’s Watson’s Request for 12 Production of Documents (Set One) to Defendant Dot Transportation, Inc. and 13 Plaintiff Joshua’s Watson’s Interrogatories (Set One) to Defendant Dot 14 Transportation, Inc. 15 3. On about January 27, 2022, Plaintiff Watson propounded the following discovery 16 on Defendant Dot Foods, Inc.: Plaintiff Joshua Watson’s Request for Production of 17 Documents (Set One) to Defendant Dot Foods, Inc. and Plaintiff Joshua Watson’s 18 Interrogatories (Set One) to Defendant Dot Foods, Inc. 19 4. After agreed-upon extensions of their response deadlines, Defendants provided 20 written responses and a document production. 21 5. On about June, 1, 2022, Plaintiff Watson emailed Defendants to meet and confer 22 regarding a proposed notice procedure for putative class members under Belaire- 23 West Landscape, Inc. v. Superior Court, 149 Cal. App. 4th 554 (2007), to be 24 administered by a third-party administrator. 25 6. On or about July 2022, this case transferred from Defendants’ counsel Tyler 26 Paetkau and Olga Savage’s former firm, Procopio, Cory, Hargreaves & Savitch 27 LLP, to their current firm, Husch Blackwell, LLP. 7. On about July 28, 2022, the Parties met and conferred to discuss outstanding 1 discovery matters, as well as the Parties’ first stipulation to revise this Court’s 2 scheduling order. The Parties agreed that, in light of the state of the discovery and 3 the transfer of the case, additional time was needed for both Parties to complete 4 pre-certification and merits discovery. The parties continued to meet and confer 5 regarding the proposed stipulation to extend discovery deadlines and filed their first Stipulation to Extend the Discovery Deadlines on August 12, 2022. The Court 6 approved the Stipulation on August 22, 2022. 7 8. Between approximately August 18, 2022 and October 2022, the Parties met and 8 conferred regarding the terms of the Belaire West Notice Procedure. 9 9. On or about October 12, 2022, Plaintiff’s counsel contacted the agreed-upon third- 10 party administrator CPT Group to initiate the Belaire West Notice procedure 11 pending approval of the Stipulation and Order by this Court. On October 18, 2022, 12 the Parties’ filed the Stipulation and Proposed Order Regarding the Belaire West 13 Notice Process and the Belaire West Notice and Postcard. The Stipulation and 14 Proposed Order was approved by this Court on October 24, 2022. 15 10. As to Plaintiff Watson’s January 26, 2022 Rule 30(b)(6) deposition notices, 16 Defendants provided dates of availability for these depositions on or about 17 November 23, 2022. The dates provided were in January of 2023. 18 11. On December 2, 2022, Defendants provided the putative class list with contact 19 information to CPT. On December 6, 2022, CPT Group completed the mailing of 20 Belaire Notice and Postcard. On January 12, 2023, CPT Group provided the list of 21 non-respondents to counsel pursuant to Belaire West. 22 12. On December 12, 2022, Defendants served their Request for Production of 23 Documents, Set One, to Plaintiff Watson. On December 13, 2022, Plaintiff Watson 24 served on Defendants Plaintiff’s Request for Production of Documents (Set Two) 25 and Plaintiff’s Interrogatories (Set Two), along with Plaintiff’s Amended Rule 26 30(b)(6) Deposition Notices. After mutual extensions of time, the parties served 27 their discovery responses on February 2, 2023. 1 13. On January 17, 2023, Plaintiff Watson took the Rule 30(b)(6) deposition of 2 Defendant Dot Transportation Inc.’s designee as to Topics 2-10. Between January 3 and February 2023, the parties met and conferred regarding the availability of 4 Defendants’ designees as to Topic 1 of the Rule 30(b)(6) deposition. 5 14. On February 21, 2023, Defendant provided dates for Defendants’ Rule 30(b)(6) depositions as to Topic 1. On March 20, 2023, and March 28, 2023, Plaintiff 6 Watson took the Rule 30(b)(6) depositions as to Topic 1 of Defendant Dot Foods 7 Inc. and Dot Transportation, Inc., respectively. 8 15. On April 14, 2023, Defendants took the deposition of Plaintiff Watson. 9 16. Between May and June 2023, the Parties met and conferred regarding Defendants’ 10 discovery responses. On June 5, 2023, the Parties agreed to a pause on formal 11 discovery in order to set up a joint mediation in the Watson matter and Mark- 12 Waterhouse .v. Dot Transportation Inc., et al., Case No. CV-22-004102 (Stanislaus 13 County Superior Court). 14 17. Between June 9, 2023, and July 31, 2023, the Parties in both the Watson and Mark- 15 Waterhouse matters met and conferred regarding mediator selection and the 16 Parties’ availability for mediation. Joint mediation in both the Watson and Mark- 17 Waterhouse matter was scheduled for December 5, 2023. 18 18. Given the timing of discovery in this case, and the need to complete mediation on 19 December 5, 2023, the Parties agreed to an additional Joint Stipulation to Continue 20 Discovery Deadlines in the Watson matter, to allow the Parties sufficient time to 21 prepare for mediation and if necessary, continue litigation. 22 19. The joint mediation in both the Watson and Mark-Waterhouse matters did not 23 result in settlement. As such, the Parties have continued to engage in litigation. 24 20. A few weeks after the December 5, 2023 mediation, the Parties agreed to amending 25 the Watson complaint to add Plaintiff Mark-Waterhouse and his counsel and agreed 26 to stay the Waterhouse matter. On January 8, 2024, the Waterhouse matter was 27 stayed. 21. On January 10, 2024, Plaintiffs reached out to Defendants to continue their 1 discovery meet and confer efforts that were put on hold prior to the mediation. On 2 January 11, 2024, Plaintiffs sent Defendants a proposed Second Amended 3 Complaint.
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1 David Mara (SBN 230498) Matthew Crawford (SBN 310230) 2 MARA LAW FIRM, PC 2650 Camino Del Rio N., Suite 302 3 San Diego, CA 92108 Telephone: 619 234 2833 4 Facsimile: 619 234 4048 Email: dmara@maralawfirm.com 5 mcrawford@maralawfirm.com
6 Jennifer Kramer, SBN 203385 Email: jennifer@employmentattorneyla.com 7 HENNIG KRAMER RUIZ & SINGH, LLP 3600 Wilshire Blvd., Suite 3600 8 Los Angeles, CA 90010 Telephone: (213) 310-8301 9 Attorneys for Plaintiffs JOSHUA WATSON and 10 ROBERT MARK-WATERHOUSE.
11 Tyler M. Paetkau (Bar No. 146305) tyler.paetkau@huschblackwell.com 12 Olga Savage (Bar No. 252009) olga.savage@huschblackwell.com 13 HUSCH BLACKWELL LLP 1999 Harrison St., Suite 700 14 Oakland, CA 94612 Telephone: 510.768.0650 15 Facsimile: 510.768.0651
16 Attorneys for Defendants DOT TRANSPORTATION, INC. and DOT FOODS, INC. 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA 19 JOSHUA WATSON and ROBERT MARK- Case No.: 2:21-cv-01303-MCE-AC 20 WATERHOUSE, individuals, and on behalf of others similarly situated, JOINT STIPULATION TO CONTINUE 21 ALL DISCOVERY DEADLINES. Plaintiffs, 22 vs. Judge: Hon. Morrison C. England, Jr 23 Courtroom: 7 DOT TRANSPORTATION, INC., a 24 Delaware Corporation; DOT FOODS, INC., an Illinois Corporation; and DOES 1 through [Complaint Filed: June 15, 2021] 25 50, Inclusive,
26 Defendants. 27 1 This Joint Stipulation to Continue All Discovery Deadlines is entered into between 2 Plaintiffs Joshua Watson and Robert Mark-Waterhouse, on the one hand, and DOT 3 TRANSPORTATION, INC. and DOT FOODS, INC., on the other hand (collectively, the 4 “Parties”), by and through their counsel for record, with respect to the following facts: 5 RECITALS 6 1. This is the fourth stipulation the parties are submitting to continue discovery 7 deadlines. 8 2. On about January 26, 2022, Plaintiff Watson noticed the Rule 30(b)(6) depositions 9 of Dot Foods, Inc. (Person Most Qualified) and Dot Transportation, Inc. (Person 10 Most Qualified). Plaintiff Watson also propounded the following written discovery 11 on Defendant Dot Transportation, Inc.: Plaintiff Joshua’s Watson’s Request for 12 Production of Documents (Set One) to Defendant Dot Transportation, Inc. and 13 Plaintiff Joshua’s Watson’s Interrogatories (Set One) to Defendant Dot 14 Transportation, Inc. 15 3. On about January 27, 2022, Plaintiff Watson propounded the following discovery 16 on Defendant Dot Foods, Inc.: Plaintiff Joshua Watson’s Request for Production of 17 Documents (Set One) to Defendant Dot Foods, Inc. and Plaintiff Joshua Watson’s 18 Interrogatories (Set One) to Defendant Dot Foods, Inc. 19 4. After agreed-upon extensions of their response deadlines, Defendants provided 20 written responses and a document production. 21 5. On about June, 1, 2022, Plaintiff Watson emailed Defendants to meet and confer 22 regarding a proposed notice procedure for putative class members under Belaire- 23 West Landscape, Inc. v. Superior Court, 149 Cal. App. 4th 554 (2007), to be 24 administered by a third-party administrator. 25 6. On or about July 2022, this case transferred from Defendants’ counsel Tyler 26 Paetkau and Olga Savage’s former firm, Procopio, Cory, Hargreaves & Savitch 27 LLP, to their current firm, Husch Blackwell, LLP. 7. On about July 28, 2022, the Parties met and conferred to discuss outstanding 1 discovery matters, as well as the Parties’ first stipulation to revise this Court’s 2 scheduling order. The Parties agreed that, in light of the state of the discovery and 3 the transfer of the case, additional time was needed for both Parties to complete 4 pre-certification and merits discovery. The parties continued to meet and confer 5 regarding the proposed stipulation to extend discovery deadlines and filed their first Stipulation to Extend the Discovery Deadlines on August 12, 2022. The Court 6 approved the Stipulation on August 22, 2022. 7 8. Between approximately August 18, 2022 and October 2022, the Parties met and 8 conferred regarding the terms of the Belaire West Notice Procedure. 9 9. On or about October 12, 2022, Plaintiff’s counsel contacted the agreed-upon third- 10 party administrator CPT Group to initiate the Belaire West Notice procedure 11 pending approval of the Stipulation and Order by this Court. On October 18, 2022, 12 the Parties’ filed the Stipulation and Proposed Order Regarding the Belaire West 13 Notice Process and the Belaire West Notice and Postcard. The Stipulation and 14 Proposed Order was approved by this Court on October 24, 2022. 15 10. As to Plaintiff Watson’s January 26, 2022 Rule 30(b)(6) deposition notices, 16 Defendants provided dates of availability for these depositions on or about 17 November 23, 2022. The dates provided were in January of 2023. 18 11. On December 2, 2022, Defendants provided the putative class list with contact 19 information to CPT. On December 6, 2022, CPT Group completed the mailing of 20 Belaire Notice and Postcard. On January 12, 2023, CPT Group provided the list of 21 non-respondents to counsel pursuant to Belaire West. 22 12. On December 12, 2022, Defendants served their Request for Production of 23 Documents, Set One, to Plaintiff Watson. On December 13, 2022, Plaintiff Watson 24 served on Defendants Plaintiff’s Request for Production of Documents (Set Two) 25 and Plaintiff’s Interrogatories (Set Two), along with Plaintiff’s Amended Rule 26 30(b)(6) Deposition Notices. After mutual extensions of time, the parties served 27 their discovery responses on February 2, 2023. 1 13. On January 17, 2023, Plaintiff Watson took the Rule 30(b)(6) deposition of 2 Defendant Dot Transportation Inc.’s designee as to Topics 2-10. Between January 3 and February 2023, the parties met and conferred regarding the availability of 4 Defendants’ designees as to Topic 1 of the Rule 30(b)(6) deposition. 5 14. On February 21, 2023, Defendant provided dates for Defendants’ Rule 30(b)(6) depositions as to Topic 1. On March 20, 2023, and March 28, 2023, Plaintiff 6 Watson took the Rule 30(b)(6) depositions as to Topic 1 of Defendant Dot Foods 7 Inc. and Dot Transportation, Inc., respectively. 8 15. On April 14, 2023, Defendants took the deposition of Plaintiff Watson. 9 16. Between May and June 2023, the Parties met and conferred regarding Defendants’ 10 discovery responses. On June 5, 2023, the Parties agreed to a pause on formal 11 discovery in order to set up a joint mediation in the Watson matter and Mark- 12 Waterhouse .v. Dot Transportation Inc., et al., Case No. CV-22-004102 (Stanislaus 13 County Superior Court). 14 17. Between June 9, 2023, and July 31, 2023, the Parties in both the Watson and Mark- 15 Waterhouse matters met and conferred regarding mediator selection and the 16 Parties’ availability for mediation. Joint mediation in both the Watson and Mark- 17 Waterhouse matter was scheduled for December 5, 2023. 18 18. Given the timing of discovery in this case, and the need to complete mediation on 19 December 5, 2023, the Parties agreed to an additional Joint Stipulation to Continue 20 Discovery Deadlines in the Watson matter, to allow the Parties sufficient time to 21 prepare for mediation and if necessary, continue litigation. 22 19. The joint mediation in both the Watson and Mark-Waterhouse matters did not 23 result in settlement. As such, the Parties have continued to engage in litigation. 24 20. A few weeks after the December 5, 2023 mediation, the Parties agreed to amending 25 the Watson complaint to add Plaintiff Mark-Waterhouse and his counsel and agreed 26 to stay the Waterhouse matter. On January 8, 2024, the Waterhouse matter was 27 stayed. 21. On January 10, 2024, Plaintiffs reached out to Defendants to continue their 1 discovery meet and confer efforts that were put on hold prior to the mediation. On 2 January 11, 2024, Plaintiffs sent Defendants a proposed Second Amended 3 Complaint. adding Plaintiff Mark-Waterhouse and his counsel, and a draft of the 4 accompanying stipulation for leave to amend. 5 22. On January 25, 2024, Defendants agreed to supplement their discovery responses and requested to set up a conference call to discuss a sampling of time and pay 6 records. 7 23. On February 13, 2024, the Parties held a conference call to meet and confer further 8 in regard to the sampling of time and pay records. Plaintiffs conveyed a proposed 9 sampling, and Defendants stated they would reach out to Plaintiffs again shortly to 10 confirm. 11 24. On March 1, 2024, Defendants reached out to Plaintiffs to confirm their agreement 12 to the proposed sampling of time and pay records. Defendants also indicated that 13 they were agreeable to the proposed Second Amended Complaint and 14 accompanying stipulation for leave to amend, which Plaintiffs submitted for the 15 Court’s approval on March 8, 2024. 16 25. On March 4, 2024, Plaintiffs reached out to Defendants to clarify when they would 17 be supplementing and their discovery responses and providing the sampling of 18 records as agreed upon by the Parties. On March 22, 2024, Defendants stated it 19 would be providing the agreed upon supplemental discovery responses and 20 sampling of records on or before May 31, 2024. 21 26. At this juncture, Plaintiffs anticipate being able to file their forthcoming motion for 22 class certification within sixty (60) days of receiving the supplemental discovery 23 responses and sampling of records from Defendants. 24 27. In light of Defendants’ forthcoming supplemental responses and production of 25 records, the Parties agreed to an extension of the current discovery deadlines, in 26 accordance with the schedule set forth below. Plaintiffs believe the proposed 27 extension will provide sufficient time for Plaintiffs to obtain and review these forthcoming supplemental responses and production of records needed for their 1 Motion of Class Certification. Defendants believe the proposed extension will 2 provide sufficient time for Defendants to conduct the deposition of any other 3 necessary witnesses, and to complete any written discovery. 4 5 STIPULATION In light of the foregoing facts, the Parties agree as follows: 6 1. Defendants are to provide the agreed upon supplemental discovery responses and 7 sampling of records by May 31, 2024. 8 2. The fact discovery deadline should be continued until September 4, 2024. 9 3. The expert witness disclosure deadline should be continued until November 4, 10 2024. 11 4. The rebuttal expert witness disclosure deadline should be continued until December 12 4, 2024. 13 5. If the parties do not intend to file dispositive motions, the deadline to file the Joint 14 Notice of Trial Readiness should be continued until February 4, 2025, or else not 15 later than thirty (30) days after receiving this Court’s ruling on the last filed 16 dispositive motion(s). 17 6. The dispositive motion hearing deadline should be continued until March 4, 2025. 18
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19 Respectfully submitted, 20
21 DATED: March 22, 2024 MARA LAW FIRM, PC 22
23 By: /s/ Matthew Crawford 24 David Mara, Esq. 25 Matthew Crawford, Esq. Attorneys for Plaintiffs 26
27 1 || DATED: March 22, 2024 HENNIG KRAMER RUIZ & SINGH, LLP 3 By: /s/ Jennifer Kramer Jennifer Kramer, Esq. 4 Attorneys for Plaintiffs 6 || DATED: March 22, 2024 HUSCH BLACKWELL LLP 7 g By: /s/ Olga Savage Tyler M. Paetkau, Esq. 9 Olga Savage, Esq. Attorneys for Defendants 10 11 ATTESTATION 12 I, Matthew Crawford, attest pursuant that all signatories listed, and on whose behalf the 13 || filing is submitted, concur in the filing’s content and have authorized the filing. 14 DATED: March 22, 2024 By: /s/ Matthew Crawford 15 Matthew Crawford, Esq. 16 Attorneys for Plaintiffs 17 18 ORDER 19 Having reviewed the above Stipulation and Proposed Order to Continue All Discovery 20 || Deadlines, IT IS HEREBY ORDERED that the Court finds that good cause exists for the entry of 91 || this Order. 22 IT IS SO ORDERED. 23 || Dated: April 1, 2024 Eo 24 AA Wty {ZL ax . 5 MORRISON C. ENGLA JR) SENIOR UNITED STATES DISTRICT JUDGE 26 27 28 my