Avila v. Wal-Mart Associates, Inc. et al

Filing 28

STIPULATION and ORDER TO CONTINUE Settlement Conference from 7/1/2009 to 7/29/2009 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Discovery Cutoff for Non-Expert Witnesses 9/14/2009, Disclosure of Experts due 9/28/2009. signed by Magistrate Judge Dennis L. Beck on 7/6/2009. (Hernandez, M)

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Gregory L. Spallas, SBN 129306 Kristin L. Oliveira, SBN 204384 PHILLIPS, SPALLAS & ANGSTADT LLP Three Embarcadero Center, Suite 550 San Francisco, CA 94111 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Defendant Wal-Mart Stores East, LP Jacob M. Weisberg, SBN 049065 THE LAW OFFICE OF JACOB M. WEISBERG 844 N. Van Ness Avenue Fresno, CA 93728 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff Abraham Avila UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ABRAHAM AVILA JR., Plaintiff, vs. WAL-MART ASSOCIATES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:08-CV-01244-AWI-DLB JOINT STIPULATION TO REQUEST CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE AND MODIFY SCHEDULING ORDER RE DEADLINES FOR NON-EXPERT DISCOVERY AND EXPERT DISCLOSURE; ORDER MSC Date: July 1, 2009 Time: 1:30 p.m. Courtroom #9 (6th Floor)

TO THE COURT: The parties, ABRAHAM AVILA, JR. and WAL-MART STORES EAST, LP, by and through their respective counsel, herein stipulate to continue the Mandatory Settlement Conference scheduled for July 1, 2009 at 1:30 p.m. before the Honorable Dennis L. Beck.

-1JOINT STIPULATION TO REQUEST CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE AND AMENDMENTS TO SCHEDULING ORDER; [PROPOSED] ORDER U.S.D.C. ­ Eastern District of California, Case No. 1:08-cv-01244 AWI DLB

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There is good cause to continue the Mandatory Settlement Conference (MSC) now set for July 1, 2009. The stipulation is based on the Plaintiff's request that additional discovery must be completed in order for the Settlement Conference to be a productive or meaningful session. Defendant has deposed Plaintiff, but that deposition has not been completed and will be prior to the continued settlement conference. Plaintiff's wife's deposition will also be completed prior to the continued MSC. Plaintiff is conducting witness interviews of individuals not currently employed by Defendant and may seek to take depositions of a limited number of such witness and/or witnesses employed by Defendant. Accordingly, to avoid the unnecessary expenditure of the Court's and the parties' time and resources, the parties respectfully request the Court continue the Mandatory Settlement Conference to July 29, 2009 at 10:00 a.m., a date the parties understand the Court is available. Based on the continuance of the MSC, the parties request that the Scheduling Order be amended to provide that the Discovery Cut off Date for Non-Expert Witnesses be moved from August 14, 2009 to September 14, 2009 and that the Disclosure of Experts date be moved from September 14, 2009 to September 28, 2009. Respectfully Submitted, Dated: June 26, 2009 PHILLIPS, SPALLAS & ANGSTADT LLP

_/s/-Kristin L. Oliveira__________ Gregory L. Spallas Kristin L. Oliveira Attorneys for Defendant Wal-Mart Stores East, LP Respectfully submitted, Dated: June 26, 2009 LAW OFFICE OF JACOB WEISBERG /s/-Jacob M. Weisberg as authorized on 6/26/09 Jacob M. Weisberg Attorney for Plaintiff Abraham Avila
-2JOINT STIPULATION TO REQUEST CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE AND AMENDMENTS TO SCHEDULING ORDER; [PROPOSED] ORDER U.S.D.C. ­ Eastern District of California, Case No. 1:08-cv-01244 AWI DLB

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ORDER GOOD CAUSE APPEARING, IT IS SO ORDERED THAT THE MANDATORY SETTLEMENT CONFERENCE ON JULY 1, 2009 IS VACATED AND THE MANDATORY SETTLEMENT CONFERENCE IS RESCHEDULED FOR JULY 29, 2009 AT 10:00 A.M. IN COURTROOM NO. 9. THE PARTIES MUST SEND THE MAGISTRATE JUDGE A SETTLEMENT CONFERENCE STATEMENT BY JULY 22, 2009. FURTHERMORE, THE SCHEDULING ORDER IS AMENDED TO PROVIDE THAT THE DISCOVERY DEADLINE FOR NON-EXPERT WITNESSES IS NOW SEPTEMBER 14, 2009 AND THAT THE PARTIES MUST DISCLOSURE EXPERTS BY SEPTEMBER 28, 2009. IT IS SO ORDERED.

/s/ Dennis L. Beck U.S. MAGISTRATE JUDGE DENNIS L. BECK

-3JOINT STIPULATION TO REQUEST CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE AND AMENDMENTS TO SCHEDULING ORDER; [PROPOSED] ORDER U.S.D.C. ­ Eastern District of California, Case No. 1:08-cv-01244 AWI DLB