Wheat v. Wal-Mart Associates, Inc.

Filing 78

ORDER on Joint Stipulation and Order to Continue Pretrial Dates signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2025. (Deputy Clerk JPX)

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Julian Burns King, SBN 298617
[e-mail]
Rachael E. Sauer, SBN 308549
[e-mail]
KING & SIEGEL LLP
724 S. Spring Street, Suite 201
Los Angeles, CA 90014
Telephone:
213-465-4802
Facsimile:
213-465-4803

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Attorneys for Plaintiff STEVE WHEAT

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JAMES T. CONLEY, SBN 224174
[e-mail]
HAIDY M. RIVERA, SBN 322117
[e-mail]
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
400 Capitol Mall, Suite 2800
Sacramento, CA 95814
Telephone:
916-840-3150
Facsimile:
916-840-3159

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Attorneys for Defendant
WAL-MART ASSOCIATES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVE WHEAT, an individual,
Plaintiff,

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Case No. 1:22-cv-01524-BAM
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE PRETRIAL
DATES

vs.
WAL-MART ASSOCIATES, INC., a Delaware
Corporation, and DOES 1-10, inclusive,

Action Filed: October 27, 2022
Trial Date:
June 9, 2025

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DATES

Plaintiff STEVE WHEAT (“Plaintiff”) and Defendant WAL-MART ASSOCIATES, INC.

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(“Defendant”), by and through their counsel, hereby stipulate and agree as follows:

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WHEREAS, the Parties’ deadline to complete expert discovery is January 17, 2025;

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WHEREAS, the Parties have not taken the expert depositions of Plaintiff’s expert, Brad

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Abbott, and Defendant’s expert, Dr. Judy Ho;

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WHEREAS, the Parties have actively engaged in efforts to identify dates for Plaintiff’s and

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Defendant’s experts’ depositions, but have been unable to come to a mutually agreed-upon date for

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either expert in light of the experts’ and counsels’ schedules and due to previously-scheduled travel

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in light of the holiday season;

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WHEREAS, Dr. Judy Ho is currently holding January 31, 2025, and February 3, 2025, as
her first available dates;

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WHEREAS, Brad Abbott is currently holding February 4, 2025 as his first available date;

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WHEREAS, the Parties agree that the interests of justice are best served by a continuance

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of the Expert Discovery Cutoff so that the Parties have sufficient time to complete these essential

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depositions;

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WHEREAS, the Parties are making this request as soon as reasonably practicable once the

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Parties realized the necessity of the extension based on the availability of the experts and the

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schedules of counsel;

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WHEREAS, both Parties will suffer significant prejudice if discovery is not extended,
because neither Party will have sufficient time to conduct discovery necessary for trial;

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WHEREAS, the Parties agree that neither Party will suffer any prejudice if the Court
extends discovery as requested;

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WHEREAS, the Parties agree that the interests of justice are best served by an extension of
expert discovery;

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THEREFORE, for the reasons set forth above, good cause exists for an extension of the

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Expert Discovery Cutoff and Pretrial Motion Filing Deadline set forth in the Court’s September 17,

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2025 Order (Document 65) solely to take Dr. Judy Ho’s and Mr. Brad Abbott’s deposition. Thus,

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DATES

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subject to the Court’s approval, the Parties stipulate and agree to the proposed revised deadlines

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below:

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Event

Current Date

Proposed Date

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Expert Discovery Cutoff Solely to

January 17, 2025

February 7, 2025

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Take the Deposition of Dr. Judy

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Ho and Mr. Brad Abbott.

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Pretrial Motion Filing Deadline

January 17, 2025

February 14, 2025

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IT IS SO STIPULATED.
DATED: January 7, 2025

KING & SIEGEL LLP

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By: /s/ Rachael E. Sauer
Julian Burns King
Rachael E. Sauer

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Attorneys for Plaintiff STEVE WHEAT

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DATED: January 7, 2025

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OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

By: /s/ Haidy M. Rivera
James T. Conley
Haidy M. Rivera

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Attorneys for Defendant
WAL-MART ASSOCIATES, INC.

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ATTESTATION

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Concurrence in the filing of this document has been obtained from the individual whose

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electronic signature is attributed above.

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DATED: January 7, 2025

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OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
By: /s/ Haidy M. Rivera
James T. Conley
Haidy M. Rivera
Attorneys for Defendant
WAL-MART ASSOCIATES, INC.
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DATES

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ORDER
The Court having read and considered the Parties’ Joint Stipulation to Continue Pretrial

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Dates, and good cause appearing:

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IT IS HEREBY ORDERED that the pretrial dates shall be as follows:

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Event

Current Date

Proposed Date

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Expert Discovery Cutoff Solely to

January 17, 2025

February 7, 2025

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Take the Deposition of Dr. Judy

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Ho and Mr. Brad Abbott.

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Pretrial Motion Filing Deadline

January 17, 2025

February 14, 2025

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The Court notes that the Expert Discovery is solely extended for the limited purpose of

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taking the deposition of Plaintiff’s expert, Brad Abbott, and Defendant’s expert, Dr. Judy Ho, and

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not for broader purposes.

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

January 8, 2025

_

UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DATES