Griffiths v. Wal-Mart Stores, Inc.

Filing 22

ORDER on the 21 Stipulation to Continue Fact and Expert Discovery and Amending the Case Schedule, signed by Magistrate Judge Jennifer L. Thurston on 10/6/2017. Discovery Deadlines: Non-Expert 10/30/2017 (for the limited purpose of taking the deposition of Derrik Diamond only); Expert 12/29/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN GRIFFITHS,
Plaintiff,

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v.

Case No. 1:16-cv-01438-DAD-JLT
ORDER ON THE PARTIES’ STIPULATION
TO CONTINUE FACT AND EXPERT
DISCOVERY AND AMENDING THE CASE
SCHEDULE

WAL-MART STORES, INC.,
Defendant.

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The parties have stipulated to continue the non-expert and expert discovery deadlines

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previously ordered by the Court. (Doc. 21) The parties report they “have been diligent in

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engaging in fact discovery,” including exchanging two sets of written discovery and conducting

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six depositions. (Id. at 2) However, the parties assert they “were unable to complete all

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necessary depositions prior to the September 29, 2017,” due to scheduling difficulties. Therefore,

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the parties have stipulated to the extension of the non-expert discovery deadline to October 30,

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2017, for the limited purpose of deposing Derrik Diamond. (Id.)

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Further, the parties seek to continue the expert discovery deadlines. (Doc. 21 at 2)

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Defendant’s mental health expert is not available to perform an independent medical examination

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on Plaintiff until November 13, 2017. (Id.) Thus, the parties request the initial expert disclosure

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deadline be continued to November 20, 2017, and the rebuttal expert deadlines and expert cut-off

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likewise be continued. (Id. at 2-3)
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Notably, the parties do not seek to amend the non-dispositive motion filing deadlines.
Thus, if a discovery dispute arises after the cut-off of December 15, 2017, the parties will be
required to demonstrate good cause under Rule 16 for the filing of a motion related to the dispute.
Regardless, the Court finds good cause for the extensions to which the parties have
stipulated. Accordingly, the Court ORDERs:
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purpose of taking the deposition of Derrik Diamond only;
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December 11, 2017;
3.

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The parties SHALL disclose all expert witnesses, in writing, no later than
November 20, 2017, and disclose all rebuttal experts no later than

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The non-expert discovery deadline is extended to October 30, 2017 for the limited

Discovery pertaining to experts SHALL be completed by December 29, 2017;
and

No further modifications of the Scheduling Order are authorized at this time.

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IT IS SO ORDERED.
Dated:

October 6, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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