Marshall v. PHI Air Medical, LLC

James C. Fessenden (SBN 238663) E-Mail: [email protected] Kathryn M. Evans (SBN 323190) E-Mail: [email protected] FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 San Diego, California 92121 Telephone: (858) 597-9600 Facsimile: (858) 597-9601 Attorneys for Defendant PHI Health, LLC (erroneously sued as PHI Air Medical, LLC and PHI Health, LLC) [Plaintiffs’ Counsel Continued on Next Page] UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JACQUELINE MARSHALL, CASE NO.: 2:20-cv-02475-MCE-DMC LANCE PHILLIPS, KRISTEN KNOWLES, CHRIS ANDERSON, [Previously assigned to Lassen County KAYVAN MARSHALL, KANE Superior Court, Case No. 62973] EDWARDS, JORDAN MOSER, KYLE EVANS, JENNA DIAZ, JOINT STIPULATION AND ORDER TERRI MAURICIO, ERIK TO MODIFY PRE-TRIAL RUBALCAVA, JOANN LEE, SCHEDULING ORDER TEISLEYE SMITH, JOSEPH LOEHNER, LAUREN YOUNG, State Complaint Filed: October 1, 2020 KELLI ROSSETTO-SCHRADER, Removal Filed: December 14, 2020 BRITNEY EWERS, TRACIE Trial Date: Not Set STIERS, MARISSA JOHANSON, HEATHER IMHOF, CAROLE COVEY, OLSA HAHN, STEPHANIE SWISHER, JOHN SICKMAN, LAUREN SCHINDLER AND MARK HARMON, individuals, on behalf of themselves and on behalf of themselves and on behalf of all persons similarly situated, Plaintiffs, v. PHI AIR MEDICAL, LLC, a Limited Liability Company; PHI HEALTH, LLC, a Limited Liability Company; and Does 1 through 50, Inclusive, Defendants.

Norman B. Blumenthal (SBN 068687) E-Mail: [email protected] Kyle R. Nordrehaug (SBN 205975) E-Mail: [email protected] Nicholas J. De Blouw (SBN 280922) E-Mail: [email protected] Victoria B. Rivapalacio (SBN 275115) E-Mail: [email protected] Piya Mukherjee (SBN 274217) E-Mail: [email protected] Charlotte E. James (SBN 308441) E-Mail: [email protected] Aparajit Bhowmil (SBN 248066) E-Mail: [email protected] BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP 2255 Calle Clara La Jolla, CA 92037 Telephone: (858) 551-1223 Facsimile: (858) 551-1232 Attorneys for Plaintiffs Jacqueline Marshall, Lance Phillips, Kristen Knowles, Chris Anderson, Kayvan Marshall, Kane Edwards, Jordan Moser, Kyle Evans, Jenna Diaz, Terri Mauricio, Erik Rubalcava, Joann Lee, Teisleye Smith, Joseph Loehner, Lauren Young, Kelli Rossetto-Schrader, Britney Ewers, Tracie Stiers, Marissa Johanson, Heather Imhof, Carole Covey, Olsa Hahn, Stephanie Swisher, John Sickman, Lauren Schindler and Mark Harmon

IT IS HEREBY STIPULATED AND AGREED, between the parties through their counsel of record as follows: WHEREAS, on December 15, 2020 this Court entered an Initial Pre-Trial Scheduling Order outlining the deadlines for discovery, motion practice, and trial readiness. ECF No. 3.

WHEREAS, the parties recently agreed to pursue mediation with Mark Rudy, which is currently scheduled for July 27, 2021.

WHEREAS, the parties wish to conserve resources for settlement by postponing further formal discovery pending the results of mediation.

Federal Rule of Civil Procedure 16(b)(4) allows that a case management schedule “may be modified only for good cause and with the judge’s consent.” See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992). Similar requests to amend a scheduling order to allow for mediation have been approved in this District. See, e.g., Brisbin v. Calmat Co., No. 1:11-CV-00568-AWI, 2013 15 WL 3322698, at *1 (E.D. Cal. July 1, 2013).

Good cause having been shown, the parties respectfully request that the Court modify its Pre-Trial Scheduling Order, ECF No. 3, subject to the Court’s availability, to continue the following deadlines by 180 days to allow the parties to complete discovery and motion practice in a timely manner, pending the results of mediation: Event Original Deadline Requested Deadline Deadline to complete February 12, 2021 August 11, 2021 Rule 26(f) conference Deadline to complete December 21, 2021 June 19, 2022 all discovery, except for expert discovery First expert disclosure February 18, 2022 August 17, 2022 deadline Second expert March 21, 2022 September 17, 2022 disclosure deadline Deadline to file joint April 20, 2022 October 17, 2022 notice of trial readiness (if dispositive motions are not heard) Deadline to file all June 16, 2022 December 13, 2022 dispositive motions

IT IS SO STIPULATED.

Dated: February 11, 2021 Respectfully submitted, FISHER & PHILLIPS LLP

By: lsl Kathryn M. Evans James C. Fessenden Kathryn M. Evans Attorneys for Defendant PHI Health, LLC (erroneously sued as PHI Air Medical, LLC and PHI Health, LLC) Dated: February 11, 2021 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP

By: lsl Piya Mukherjee Norman B. Blumenthal Kyle R. Nordrehaug Nicholas J. De Blouw Victoria B. Rivapalacio Piya Mukherjee Charlotte E. James Aparajit Bhowmil Attorneys for Plaintiffs Jacqueline Marshall, Lance Phillips, Kristen Knowles, Chris Anderson, Kayvan Marshall, Kane Edwards, Jordan Moser, Kyle Evans, Jenna Diaz, Terri Mauricio, Erik Rubalcava, Joann Lee, Teisleye Smith, Joseph Loehner, Lauren Young, Kelli Rossetto- Schrader, Britney Ewers, Tracie Stiers, Marissa Johanson, Heather Imhof, Carole Covey, Olsa Hahn, Stephanie Swisher, John Sickman, Lauren Schindler and Mark Harmon ATTESTATION REGARDING ELECTRONIC SIGNATURES I, Kathryn M. Evans, attest that all other signatories to this document, on whose behalf this filing is submitted, concur in the filing’s content and have authorized this filing. 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.

Kathryn M. Evans

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JACQUELINE MARSHALL, CASE NO.: 2:20-cv-02475-MCE-DMC LANCE PHILLIPS, KRISTEN KNOWLES, CHRIS ANDERSON, [Previously assigned to Lassen County KAYVAN MARSHALL, KANE Superior Court, Case No. 62973] EDWARDS, JORDAN MOSER, KYLE EVANS, JENNA DIAZ, ORDER TO MODIFY PRE-TRIAL TERRI MAURICIO, ERIK SCHEDULING ORDER RUBALCAVA, JOANN LEE, TEISLEYE SMITH, JOSEPH State Complaint Filed: October 1, 2020 LOEHNER, LAUREN YOUNG, Removal Filed: December 14, 2020 KELLI ROSSETTO-SCHRADER, Trial Date: Not Set BRITNEY EWERS, TRACIE STIERS, MARISSA JOHANSON, HEATHER IMHOF, CAROLE COVEY, OLSA HAHN, STEPHANIE SWISHER, JOHN SICKMAN, LAUREN SCHINDLER AND MARK HARMON, individuals, on behalf of themselves and on behalf of themselves and on behalf of all persons similarly situated, Plaintiffs, v. PHI AIR MEDICAL, LLC, a Limited Liability Company; PHI HEALTH, LLC, a Limited Liability Company; and Does 1 through 50, Inclusive, Defendants.

ORDER Having reviewed the Plaintiffs’ and Defendant’s Stipulated Request, the Court grants the request and ORDERS that the Pre-Trial Scheduling Order, ECF No. 3, is modified as follows: Event Original Deadline Requested Deadline Deadline to complete February 12, 2021 August 11, 2021 Rule 26(f) conference Deadline to complete all December 21, 2021 June 19, 2022 discovery, except for expert discovery First expert disclosure February 18, 2022 August 17, 2022 deadline Second expert disclosure March 21, 2022 September 17, 2022 deadline Deadline to file joint April 20, 2022 October 17, 2022 notice of trial readiness (if dispositive motions are not heard) Deadline to file all June 16, 2022 December 13, 2022 dispositive motions The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving this Court's ruling on the last filed dispositive motion. The parties are to set forth in their Notice of Trial Readiness, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. After review of the parties' Joint Notice of Trial Readiness, the Court will issue an order that sets forth new dates for a final pretrial conference and trial.

IT IS SO ORDERED.

DATE: February 18, 2021