Opinion
CASE NO. CV 12-02642 MEJ
03-29-2013
MITCHELL SMITH, an individual, Plaintiff, v. OVERLAND CONTRACTING, INC., a Georgia Corporation; and DOES 1 through 30, inclusive, Defendants.
HUGHES LEGAL GROUP, PC BRAD STUCKEY Attorneys for Plaintiff, MITCHELL SMITH LAW OFFICES OF JULIA AZRAEL JULIA AZRAEL Attorneys for Defendant OVERLAND CONTRACTING, INC.
Julia Azrael (Bar No. 109049)
John S. Curtis (Bar No. 50350)
LAW OFFICES OF JULIA AZRAEL
5200 Lankershim Boulevard, Suite 850
North Hollywood, California 91601
Telephone; (818) 766-5177
Facsimile: (818) 766-5047
Attorneys for Defendant OVERLAND CONTRACTING, INC.
Case Assigned to the Honorable Maria-Elena
James - Ctrm. B
[Complaint Filed: April 20, 2012]
JOINT STATUS REPORT RE: CASE
MANAGEMENT DEADLINES
Trial Date: August 5, 2013
TO THE HONORABLE MARIA-ELENA JAMES, CHIEF UNITES STATES MAGISTRATE JUDGE:
Plaintiff MITHCELL SMITH, by and through his attorneys of record, Hughes Legal Group, PC, and Defendant, OVERLAND CONTRACTING, INC., by and through its attorneys of record, Law Offices of Julia Azrael, provide this joint status report in accordance with the Court's order of March 11, 2013:
On December 14, 2012, the parties engaged in court ordered mediation with Jean Gaskill but did not resolve Plaintiffs claims.
On January 17, 2013 the Court dismissed Plaintiffs 7th cause of action for wrongful termination and 8th cause of action for retaliation pursuant to stipulation of the parties.
On January 17, 2013, the Court extended the discovery cutoff from January 29, 2013, to March 29, 2013.
On February 22, 2013, Defendant took the deposition of Plaintiff but did not complete the deposition. Defendant has requested a date to complete Plaintiffs deposition in April or May 2013 (two hours anticipated). Currently the parties have agreed on a date between May 6 and 9, 2013.
Plaintiff has timely noticed the deposition of James Amato, an employee of defendant and the parties are in the process of securing a date between May 6 and 9, 2013. In response to the issues set forth in the Court's order:
(1) Plaintiff and Defendant submit it would be beneficial to extend the discovery cutoff to May 31, 2013. Plaintiff does not oppose to moving the deadline for dispositive motions to early July 2013. Defendant submits it would be beneficial to extend the heading date for dispositive motions to July 31, 2013. Defendant submits it would be beneficial to extend the trial date by approximately sixty days to mid-October 2013. Plaintiff takes no position as to moving the current trial date of August 6, 2013, and leaves this decision to the Court's discretion.
(2) Plaintiff is willing to participate in a settlement conference with a magistrate judge.
Defendant submits it may be beneficial to participate in a settlement conference with another magistrate judge if the classification issue is dealt with in a substantive manner (as a construction manager earning approximately $95,000/annum, was Mr. Smith properly classified as exempt? Were his duties consistent with Wage Order #16 ["primarily ... managerial ... and which requires the exercise of discretion or independent judgment"]). Defendant notes that this issue is the core of a co-worker's claims against Defendant (Lee Federico v. OCI i CV 12-02588) which is also before this Court.
HUGHES LEGAL GROUP, PC
By:________________________
BRAD STUCKEY
Attorneys for Plaintiff, MITCHELL SMITH
LAW OFFICES OF JULIA AZRAEL
By: ________________________
JULIA AZRAEL
Attorneys for Defendant OVERLAND
CONTRACTING, INC.
The parties shall submit a stipulation with the new deadlines set out in p.2, paragraph (1), and requesting that the trial be extended out 60 days. The Court hereby refers the parties to a settlement conference with a magistrate judge. The parties will be contacted by the magistrate judge once the matter is referred.
IT IS SO ORDERED.