Hernandez v. Walmart, Inc.
Filing
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STIPULATION and ORDER REGARDING MODIFICATION OF DISCOVERY DEADLINES. Order signed by Magistrate Judge Sheila K. Oberto on 1/28/2025. (Deputy Clerk WAK)
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JAMES T. CONLEY (SBN 224174)
james.conley@ogletree.com
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
400 Capitol Mall, Suite 2800
Sacramento, CA 95814
Telephone: (916) 840-3150
Attorney for Defendant
WALMART INC.
[Additional attorneys on following page]
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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JOYCE HERNANDEZ, an individual,
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Plaintiff,
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v.
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WALMART, INC., a Delaware corporation;
and DOES 1-50, inclusive,
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Defendants.
Case No. 1:23-cv-01355-KES-SKO
STIPULATION AND ORDER
REGARDING MODIFICATION OF
DISCOVERY DEADLINES
(Doc. 27)
Complaint Filed: June 20, 2023
Removal Date: September 13, 2023
Trial Date: December 2, 2025
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STIP AND ORDER REGARDING MODIFICATION OF DISCOVERY DEADLINES
1:23-cv-01355-KES-SKO
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DOUGLAS B. HAYES (SBN 232709)
dh@brockgonzalez.com
KENDALL WEAVER (SBN 354202)
kw@brockgonzalez.com
BROCK & GONZALEZ, LLP
6701 Center Drive West, Ste 610
Los Angeles, CA 90045
Tel: (310) 294-9595
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Attorneys for Plaintiff
JOYCE HERNANDEZ
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STIP AND ORDER REGARDING MODIFICATION OF DISCOVERY DEADLINES
1:23-cv-01355-KES-SKO
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TO THE COURT:
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COMES NOW Plaintiff Joyce Hernandez and Defendant Walmart Inc., (collectively the
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“Parties”), by and through their counsel of record, and stipulate as follows:
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WHEREAS, on September 30, 2024, the Court granted the Parties’ first request for a
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modification of the case schedule and issued an Order resetting the discovery and trial deadlines (Doc.
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24);
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WHEREAS, since October 2024, the Parties have been working cooperatively to complete
necessary fact discovery;
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WHEREAS, Defendant took Plaintiff’s deposition on November 21, 2024;
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WHEREAS, Plaintiff served Notices of Deposition for Defendant’s Person Most
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Knowledgeable (PMK) and for Johnny Maltos for dates in December 2024;
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WHEREAS, Plaintiff also served further sets of written discovery with deadlines in December
2024;
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WHEREAS, on or about December 17, 2024, the Parties began meeting and conferring
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regarding the numerous PMK topics/categories and dates of availability for three defense witness
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depositions;
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WHEREAS, due to several scheduling conflicts and unavailability of defense witnesses and
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counsel occasioned by the holidays, the Parties agreed to reset the deadline for Defendant to respond
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to Plaintiff’s written discovery to January 2025 and further agreed to schedule the defense depositions
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to occur thereafter;
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WHEREAS, Defendant filed a Consent Order Granting Substitution of Attorney that was
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approved by the Court on January 16, 2025 (the “Consent Order”), and the Parties agreed to reset the
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deadline for Defendant to respond to Plaintiff’s written discovery to February 7, 2025;
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WHEREAS, before the Consent Order was entered, Defendant’s prior counsel agreed to reset
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the deposition of Johnny Maltos to January 28, 2025, but Defendant’s new counsel has a conflict with
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that date such that the parties are in the process of selecting a new date for the deposition of Mr. Maltos
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and continue to work cooperatively on the scheduling of the remaining defense witness depositions
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and the PMK deposition;
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STIP AND ORDER REGARDING MODIFICATION OF DISCOVERY DEADLINES
1:23-cv-01355-KES-SKO
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WHEREAS, the Parties require additional time to complete fact discovery;
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NOW, THEREFORE, to allow for the completion of fact discovery, the Parties stipulate to,
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and respectfully request, a modification of the fact and expert discovery deadlines only, without
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modification of any other deadlines, as follows:
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1. An extension of the current fact discovery deadline of January 31, 2025 to March 28, 2025;
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2. An extension of the current expert disclosure deadline of February 7, 2025 to April 7, 2025;
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and
3. An extension of the current rebuttal expert disclosure deadline of February 21, 2025 to
April 21, 2025.
IT IS SO STIPULATED.
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Dated: January 28, 2025
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, LLP
By: /s/ James T. Conley
James T. Conley
Attorney for Defendant
WALMART, INC.
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Dated: January 28, 2025
BROCK & GONZALES, LLP
By: /s/ Douglas B. Hayes
Douglas B. Hayes
Kendall Weaver
Attorneys for Plaintiff
JOYCE HERNANDEZ
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STIP AND ORDER REGARDING MODIFICATION OF DISCOVERY DEADLINES
1:23-cv-01355-KES-SKO
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ORDER
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Before the Court is a stipulation by Plaintiff Joyce Hernandez and Defendant Walmart, Inc.
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to modify the fact and expert discovery deadlines as set forth in this Court’s September 30, 2024
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Scheduling Order (“the Scheduling Order”) (Doc. 24). (Doc. 27.) The Court, having considered the
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stipulation and finding good cause, therefore HEREBY ORDERS the Scheduling Order MODIFIED
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AS FOLLOWS:
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1.
The fact discovery deadline is continued to March 28, 2025;
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2.
The expert disclosure deadline is continued to April 7, 2025; and
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3.
The rebuttal expert disclosure deadline is continued to April 21, 2025.
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IT IS SO ORDERED.
Dated:
January 28, 2025
/s/ Sheila K. Oberto
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UNITED STATES MAGISTRATE JUDGE
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87724950.v1-OGLETREE
STIP AND ORDER REGARDING MODIFICATION OF DISCOVERY DEADLINES
1:23-cv-01355-KES-SKO
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