Terry v. Wasatch Advantage Group, LLC ( 2021 )

1 GOLDSTEIN, BORGEN, DARDARIAN & HO LAURA L. HO (SBN 173179) 2 lho@gbdhlegal.com ANNE BELLOWS (SBN 293722) 3 abellows@gbdhlegal.com 300 Lakeside Drive, Suite 1000 4 Oakland, CA 94612 Tel: (510) 763-9800 5 Fax: (510) 835-1417 6 Attorneys for Plaintiffs and Relators (Additional Counsel listed on the following page) 7 LEWIS BRISBOIS BISGAARD & SMITH LLP 8 JOSEPH A. SALAZAR JR., SB# 169551 E-Mail: Joe.Salazar@lewisbrisbois.com 9 RYAN MATTHEWS, SB# 311674 E-Mail: Ryan.Matthews@lewisbrisbois.com 10 2020 West El Camino Avenue, Suite 700 Sacramento, CA 95833 11 Tel: (916) 564-5400 Fax: (916) 564-5444 12 Attorney for Defendants 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 16 17 UNITED STATES OF AMERICA, ex rel. Case No.: 2:15-CV-00799-KJM-DB DENIKA TERRY, ROY HUSKEY III, and 18 TAMERA LIVINGSTON, and each of them for CLASS ACTION themselves individually, and for all other persons 19 similarly situated and on behalf of the UNITED STIPULATION AND ORDER REGARDING STATES OF AMERICA AMENDMENTS TO THE SCHEDULING 20 ORDER Plaintiffs/Relators, 21 Before: Hon. Kimberly Mueller vs. 22 Trial Date: None Set WASATCH ADVANTAGE GROUP, LLC, 23 WASATCH PROPERTY MANAGEMENT, INC., WASATCH POOL HOLDINGS, LLC, 24 CHESAPEAKE COMMONS HOLDINGS, LLC, LOGAN PARK APARTMENTS, LLC, LOGAN 25 PARK APARTMENTS, LP, and DOES 1-30, 26 Defendants. 27 1 Andrew Wolff (SBN 195092) andrew@awolfflaw.com 2 Tony Ruch (SBN 242717) LAW OFFICES OF ANDREW WOLFF, PC 3 1615 Broadway, 4th Floor Oakland, CA 94612 4 Tel: (510) 834-3300 Fax: (510) 834-3377 5 Jesse Newmark (SBN 247488) 6 jessenewmark@centrolegal.org Micaela Alvarez (SBN 319908) 7 malvarez@centrolegal.org CENTRO LEGAL DE LA RAZA 8 3022 International Blvd., Suite 410 Oakland, CA 94601 9 Tel: (510) 437-1863 Fax: (510) 437-9164 10 Attorneys for Plaintiffs and Relators 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 Plaintiffs and Relators Denika Terry, Roy Huskey III, and Tamera Livingston and Defendants 2 Wasatch Advantage Group, LLC, Wasatch Property Management, Inc., Wasatch Pool Holdings, LLC, 3 Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, and Logan Park Apartments, LP 4 (together, “the Parties”), by and through their undersigned counsel, hereby stipulate as follows: 5 WHEREAS, under Federal Rule of Civil Procedure 16(b)(4), the Court has broad discretion to 6 modify a pretrial scheduling order on a showing of “good cause,” focusing on the diligence of the 7 parties and the reasons for the requested modification, Johnson v. Mammoth Recreations, Inc., 975 8 F.2d 604, 609 (9th Cir. 1992); C.F. ex rel. Farnan v. Capistrano Unified Sch. Dist., 654 F.3d 975, 984 9 (9th Cir. 2011); 10 WHEREAS, fact discovery in this case is currently set to close on April 7, 2021 pursuant to a 11 stipulation approved by Court on August 12, 2020 (ECF No. 126); 12 WHEREAS, the ongoing COVID-19 pandemic and shelter in place orders have resulted in 13 unavoidable and lengthy delays at all stages of the discovery process, despite counsel’s best efforts; 14 WHEREAS, the dates set in the prior stipulated scheduling order were premised on 15 Defendants’ expectation that a major document production of emails from corporate custodians over 16 the 15 year period relevant to this case, which are responsive to Plaintiffs’ Requests for Production 44 17 to 50, would be completed in or around October 2020, but despite Defendants’ best efforts most of the 18 document production remains outstanding; 19 WHEREAS, the Parties are currently working together on a significant production of data from 20 Defendants’ centralized property management database, which is responsive to Plaintiffs’ Requests for 21 Production 35 to 40; 22 WHEREAS the extraction of data from Defendants’ centralized property management database 23 is now possible only after months of negotiations and the retention of a joint expert and requires a 24 multi-step process with the joint expert; 25 WHEREAS, the Parties expect that both the production of emails from corporate custodians 26 and data production will be completed within the coming six to eight weeks, and that the Parties will 27 need additional time thereafter to review and analyze the production, propound additional follow-up 1 WHEREAS, due to the delays in document and data production, it is not possible for the Parties 2 to complete this work in the two months remaining before the current close of fact discovery; 3 WHEREAS, good cause to amend the scheduling order exists based on the Parties’ diligence 4 and the importance of completing fact discovery so that this case may be resolved on its merits; 5 WHEREAS, the Parties agree that the following modifications to the Court’s scheduling order 6 would be appropriate: 7  All documents responsive to Plaintiffs’ Requests for Production 44 to 50 and agreed 8 upon by the Parties, and all data responsive to Plaintiffs’ Requests for Production 35 to 9 40 and agreed upon by the Parties, shall be produced no later than April 7, 2021, 10 without prejudice to any motions to compel that Plaintiffs may file if they learn the 11 production was materially incomplete; 12  All depositions of fact witnesses shall be completed no later than July 2, 2021; 13  Fact discovery shall be completed by July 2, 2021; 14  Expert witness disclosures shall be made no later than July 30, 2021; 15  Rebuttal expert witness disclosures shall be made no later August 27, 2021; 16  Expert witnesses shall be available for deposition in September 2021. All expert 17 discovery shall be completed no later than October 1, 2021; 18  All dispositive motions, except motions for continuances, temporary restraining orders 19 or other emergency applications, shall be heard no later than January 21, 2022; 20 THEREFORE, the Parties jointly stipulate and request that the Court so order. 21 Dated: February 19, 2021 Respectfully submitted, 22 GOLDSTEIN, BORGEN, DARDARIAN & HO 23 24 /s/ Anne P. Bellows (as authorized on 2/19/21) Anne P. Bellows 25 Attorneys for Plaintiff and Relators 26 27 1|| Dated: February 19, 2021 Respectfully submitted, 2 LEWIS BRISBOIS BISGAARD & SMITH LLP 3 /s/ Joseph A. Salazar, Jr. 4 Joseph A. Salazar, Jr. 5 Attorneys for Defendants 6 7 8 9 10 IT IS SO ORDERED. 12 13|| DATED: March 1, 2021. 15 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 4814-2427-3885.1 3 1 FEDERAL COURT PROOF OF SERVICE USA-Terry v Wasatch Property Mgmt 2 2:15-cv-00799 KJM DAD 3 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 4 At the time of service, I was over 18 years of age and not a party to the action. My business address is 2020 West El Camino Avenue, Suite 700, Sacramento, CA 95833. I am employed in the 5 office of a member of the bar of this Court at whose direction the service was made. 6 On February 19, 2021, I served the following document(s): 7 - STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENTS TO THE SCHEDULING ORDER 8 I served the documents on the following persons at the following addresses (including fax 9 numbers and e-mail addresses, if applicable): 10 SEE ATTACHED SERVICE LIST 11 The documents were served by the following means: 12  (BY COURT’S CM/ECF SYSTEM) Pursuant to Local Rule, I electronically filed the documents with the Clerk of the Court using the CM/ECF system, which sent notification of 13 that filing to the persons listed above. 14 I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. 15 Executed on February 19, 2021, at Sacramento, California. 16 17 /s/ Alicia Crespo 18 Alicia Crespo 19 20 21 22 23 24 25 26 27 1 SERVICE LIST USA-Terry v Wasatch Property Mgmt 2 2:15-cv-00799 KJM DAD 3 Andrew Wolff Attorney for Plaintiffs Law Office of Andrew Wolff, PC Denika Terry and Roy Huskey, III 4 1956 Webster Street, Ste. 275 Oakland, CA 94612 Tel.: 510-834-3300 5 E-Mail: andrew@awolfflaw.com 6 Jesse Newmark Attorney for Plaintiffs CENTRO LEGAL DE LA RAZA Denika Terry and Roy Huskey, III 7 3022 International Blvd, Ste. 410 Oakland, CA 94601 Tel.: (510) 437-1554 x115 8 Fax: (510) 437-9164 Email: jessenewmark@centrolegal.org 9 Email: malvarez@centrolegal.org 10 Laura L. Ho Co-Counsel for Plaintiffs Anne Bellows 11 Goldstein, Borgen, Dardarian & Ho Tel.: 519-763-9800 155 Grand Avenue, Suite 900 Fax: 510-835-1417 12 Oakland, CA 94612 Email: lho@gbdhlegal.com Email: abellows@gbdhlegal.com 13 Email: sgrimes@gbdhlegal.com Email: dvaldez@gbdhlegal.com 14 Email: kburzynski@gbdhlegal.com 15 Vincente Antonio Tennerelli Attorney for Intervenor Plaintiff United States Attorney's Office United States of America 16 2500 Tulare Street, Suite 4401 Fresno, CA 93721 Tel.: (559) 497-4080 17 Email: Vincente.Tennerelli@usdoj.gov Email: joni.jones@usdoj.gov 18 19 20 21 22 23 24 25 26 27