Pastor v. TJX Companies

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/2010 GRANTING 10 Stipulation and Proposed Order; The deadline of June 11, 2010 to disclose experts and produce reports shall be vacated and continued to June 25, 2010; and the deadline of July 9, 2010 to disclose experts and produce reports for expert testimony intended solely for rebuttal shall be vacated and continued to July 23, 2010. (Owen, K)

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JACKSON LEWIS LLP CARY G. PALMER (SBN 186601) JERRY J. DESCHLER JR. (SBN 215691) 801 K Street, Suite 2300 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant THE TJX COMPANIES, INC. THE LAW OFFICE OF ANTHONY J. GARAFOLA ANTHONY J. GARAFOLA (SBN 155025) 2625 Fair Oaks Boulevard, Suite 7 Sacramento, California 95864 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff REBECCA PASTOR UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION REBECCA PASTOR, an individual Plaintiff, v. THE TJX COMPANIES, INC., a Delaware Corporation, dba MARSHALLS, and DOES 1 through 20, inclusive, Defendants. Case No.: 2:09-CV-01938-WBS-KJN STIPULATION AND JOINT APPLICATION TO EXTEND DEADLINE TO DISCLOSE EXPERT WITNESSES AND PRODUCE REPORTS; ORDER THEREON

Complaint Filed: June 16, 2009

Pursuant to Federal Rule of Civil Procedure 16(b)(4), and for good cause shown, Plaintiff REBECCA PASTOR ("Plaintiff"), and Defendant THE TJX COMPANIES, INC. ("Defendant") through their respective counsel of record, hereby stipulate and jointly request that the Court vacate the present deadlines to disclose expert witnesses, disclose rebuttal experts, and produce reports of June 11, 2010 and July 9, 2010 in paragraph IV of this Court's Status (Pretrial Scheduling Order) dated November 24, 2009 (the "Order"), and that the Court continue such dates by fourteen days as set forth below. The requested continuances will have no impact on
Stipulation and Joint Application to Extend Deadline to Disclose Expert Witnesses and Produce Reports; Order Thereon

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Pastor v. The TJX Companies, Inc.. USDC Eastern District Case No.: 2:09-CV-01938-WBS-KJM

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the motion hearing schedule, final pre-trial conference, and trial dates in paragraphs V, VI, and VII of the Order. THE PARTIES HEREBY STIPULATE AS FOLLOWS: WHEREAS Plaintiff seeks to disclose the name of her treating psychiatrist as an expert witness in this matter. However, due to difficulties in obtaining authorization from Plaintiff's health insurer for treatment, Plaintiff only recently was able to arrange an appointment with a qualified physician. Plaintiff's attorney has not yet had the opportunity to interview said

physician or confirm his/her availability as an expert. Consequently, good cause exists for continuing the discovery deadlines in paragraph IV of the Order as follows: (1) The deadline of June 11, 2010 to disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) shall be vacated and continued to June 25, 2010; and (2) The deadline of July 9, 2010 to disclose experts and produce reports for expert testimony intended solely for rebuttal in accordance with Federal Rule of Civil Procedure 26(a)(2) shall be vacated and continued to July 23, 2010. IT IS SO STIPULATED. Dated: June 10, 2010 THE LAW OFFICE OF ANTHONY J. GARAFOLA By: /s/ Anthony J. Garafola ANTHONY J. GARAFOLA Attorneys for Plaintiff REBECCA PASTOR

Dated: June 10, 2010

JACKSON LEWIS LLP

By: /s/ Jerry J. Deschler Jr. JERRY J. DESCHLER JR. Attorneys for Defendant THE TJX COMPANIES, INC.

Stipulation and Joint Application to Extend Deadline to Disclose Expert Witnesses and Produce Reports; Order Thereon

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Pastor v. The TJX Companies, Inc.. USDC Eastern District Case No.: 2:09-CV-01938-WBS-KJM

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Having reviewed the parties' stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED: (1) The deadline of June 11, 2010 to disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) shall be vacated and continued to June 25, 2010; and (2) The deadline of July 9, 2010 to disclose experts and produce reports for expert testimony intended solely for rebuttal in accordance with Federal Rule of Civil Procedure 26(a)(2) shall be vacated and continued to July 23, 2010. DATED: June 11, 2010 _/s/ Kendall J. Newman____________ KENDALL J. NEWMAN United States Magistrate Judge

Stipulation and Joint Application to Extend Deadline to Disclose Expert Witnesses and Produce Reports; Order Thereon

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Pastor v. The TJX Companies, Inc.. USDC Eastern District Case No.: 2:09-CV-01938-WBS-KJM