Stinchecum et al v. Dollar General Corp.

Filing 17

STIPULATION AND ORDER TO EXTEND DEADLINE FOR EXPERT WITNESS DISCLOSURE, COMPLETION OF EXPERT DISCOVERY, AND CONTINUANCE OF SETTLEMENT CONFERENCE currently set for 2/26/2018 to 4/5/2018 at 11:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 1/18/2018. (Kusamura, W)

1 Jeffrey M. Lenkov, Esq. (State Bar No. 156478)
[e-mail]
2 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
3 801 S. Figueroa St, 15th Floor
Los Angeles, California 90017-3012
4 Telephone: [phone]
Facsimile: [phone]
5
David V. Roth (State Bar No. 194648)
6
[e-mail]
MANNING & KASS
7 ELLROD, RAMIREZ, TRESTER LLP
333 Bush Street, 27th Floor
8 San Francisco, California 94104
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Defendant,
DOLLAR GENERAL CORP.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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15 JOHN STINCHECUM; PETRA
STINCHECUM,
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Plaintiffs,
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v.
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DOLLAR GENERAL CORP. and DOES 1 to
19 25, Inclusive,
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Defendants.

Case No. 1:17-cv-00240-DAD-MJS
STIPULATION AND ORDER TO
EXTEND DEADLINE FOR EXPERT
WITNESS DISCLOSURE, COMPLETION
OF EXPERT DISCOVERY, AND
CONTINUANCE OF SETTLEMENT
CONFERENCE
State Action Filed: December 5, 2016
Date of Removal: February 17, 2017
Settlement Conf: April 5, 2018
10:00AM Fresno
Courtroom 6

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It is hereby STIPULATED by and between Plaintiffs JOHN STINCHECUM and PETRA
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STINCHECUM (hereinafter "Plaintiffs) and Defendant DOLLAR GENERAL CORP. (hereinafter
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"Defendant"), by and through their counsel of record, as follows:
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The Jury Trial in this matter is presently scheduled for September 11, 2018 at 8:30 a.m. in
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1 Courtroom 5 , before the Honorable Dale A. Drozd, United States District Court Judge.
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The Pretrial Conference in this matter is presently scheduled for July 9, 2018, at 1:30 p.m.,

3 in Courtroom 5 , before the Honorable Dale A. Drozd, United States District Court Judge.
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Parties have conferred and agreed that Good Cause exists for the Expert Witness

5 Disclosure set for December 5, 2017, and the Supplemental/Rebuttal Disclosure set for December
6 15, 2017, be continued as such dates would be premature as additional discovery, including a
7 Defense Medical Examination, must be completed for the retention and disclosure of expert
8 witnesses and reports. With the aforementioned, the parties and conferred and agreed that the
9 settlement conference currently scheduled for January 26, 2018 would be unsuccessful due to the
10 need to complete the aforementioned discovery, including a Defense Medical Examination.
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NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED by Plaintiffs and

12 Defendants, by and through their respective counsel, to request an Order that:
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1.

The Expert Witness Disclosure be extended from December 5, 2017 to February

14 16, 2018;
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2.

The Supplemental/Rebuttal Expert Disclosure be extended from December 15,

16 2018 to February 26, 2018;
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3.

Expert Discovery Deadline be extended from March 12, 2018 to April 13, 2018.

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4.

The Settlement Conference in this matter, currently scheduled for January 26,

19 2018, at 10:30 a.m. in Courtroom 6, before the Honorable Magistrate Judge Michael J. Seng be
20 continued sixty days.
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1 DATED: January 17, 2018
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MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP

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By:

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5
6
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/s/ Jeffrey M. Lenkov
Jeffrey M. Lenkov, Esq.
David V. Roth, Esq.
Attorneys for Defendant,
DOLLAR GENERAL CORP.

WELEBIR TIERNEY, APLC.

8 DATED: January 12, 2018
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By:

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/s/ James F. Tierney
James F. Tierney, Esq.
Douglas F. Welebir, Esq.
Attorneys for Plaintiffs
JOHN STINCHECUM and PETRA
STINCHECUM

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ORDER
1.

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The Expert Witness Disclosure be extended from December 5, 2017 to February
16, 2018;

2.

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The Supplemental/Rebuttal Expert Disclosure be extended from December 15,
2018 to February 26, 2018;

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3.

Expert Discovery Deadline be extended from March 12, 2018 to April 13, 2018.

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4.

The Settlement Conference in this matter, currently scheduled for January 26,

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2018, be continued until 10:00 AM April 5, 2018, in Courtroom 6, Fresno, before

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the Magistrate Judge Michael J. Seng.

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IT IS SO ORDERED.
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Dated:

January 18, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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