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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN GRIFFITHS, Plaintiff, 12 13 14 15 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. 16 17 The parties have stipulated to continue the non-expert and expert discovery deadlines 18 previously ordered by the Court. (Doc. 21) The parties report they “have been diligent in 19 engaging in fact discovery,” including exchanging two sets of written discovery and conducting 20 six depositions. (Id. at 2) However, the parties assert they “were unable to complete all 21 necessary depositions prior to the September 29, 2017,” due to scheduling difficulties. Therefore, 22 the parties have stipulated to the extension of the non-expert discovery deadline to October 30, 23 2017, for the limited purpose of deposing Derrik Diamond. (Id.) 24 Further, the parties seek to continue the expert discovery deadlines. (Doc. 21 at 2) 25 Defendant’s mental health expert is not available to perform an independent medical examination 26 on Plaintiff until November 13, 2017. (Id.) Thus, the parties request the initial expert disclosure 27 deadline be continued to November 20, 2017, and the rebuttal expert deadlines and expert cut-off 28 likewise be continued. (Id. at 2-3) -1- 1 2 3 4 5 6 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: 1. 7 8 purpose of taking the deposition of Derrik Diamond only; 2. 9 December 11, 2017; 3. 12 13 The parties SHALL disclose all expert witnesses, in writing, no later than November 20, 2017, and disclose all rebuttal experts no later than 10 11 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. 14 15 16 IT IS SO ORDERED. Dated: October 6, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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