Toysa v. Sam's West, Inc.

Filing 10

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/22/10 ORDERING that the deadline for exchange of expert witnesses is set for 10/29/2010. The exchange for authorized rebuttal information is set for 11/29/10. (Owen, K)

1 VILLARREAL HUTNER PC TRACY S. TODD, ESQ., Cal. Bar No. 172884 2 E-Mail: [e-mail] STEPHEN KENNEDY ROBINSON, ESQ., Cal. Bar No. 217898 3 575 Market Street, Suite 300 San Francisco, California 94105 4 Telephone: [phone] Facsimile: 415.512.7674 5 Attorney for Defendant 6 SAM'S WEST, INC. (erroneously sued as WAL-MART STORES, INC.) 7 LEO F. DONAHUE, INC. 8 Leo F. Donahue, Esq., Cal. Bar No. 114484 Email: [e-mail] 9 11344 Coloma Road, Suite 160 Gold River, CA 95670 10 Telephone: [phone] Facsimile: [phone] 11 Attorney for Plaintiff 12 LAURA TOYSA 13 14 15 16 17 18 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

LAURA TOYSA, Plaintiff, v.

CASE NO. 2:09-cv-03113-GEB-DAD STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR EXCHANGE OF EXPERT WITNESSES Judge: Hon. Garland E. Burrell, Jr. Ctrm.: 10 Action Filed: August 13, 2009 Trial Date: September 27, 2011

WAL-MART STORES, INC., a Delaware 20 Corporation; and DOES 1 through 100, inclusive, 21 Defendants. 22 23 24 25 26 27 /// 28 ///
CASE NO. 2:09-cv-03113-GEB-DAD

STIPULATION AND ORDER TO CONTINUE DEADLINE FOR EXCHANGE OF EXPERT WITNESSES

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Plaintiff Laura Toysa ("Plaintiff"), through her counsel Leo Donahue, Inc., and Defendant

2 Sam's West, Inc., erroneously sued as Wal-Mart Stores, Inc., ("Defendant"), through its counsel 3 Villarreal Hutner PC, (collectively "the Parties") do hereby agree and stipulate as follows: 4 5 6 7 8 WHEREAS, the current deadline for exchange of expert witnesses is September 17, 2010; WHEREAS, Defendant has not yet been able to depose Plaintiff; WHEREAS, Plaintiff's deposition was scheduled for July 28, 2010; WHEREAS, Plaintiff did not attend her scheduled deposition on July 28, 2010; WHEREAS, Defendant has consistently and diligently been attempting to reschedule

9 Plaintiff's deposition, but was unable to obtain a date from Plaintiff for her deposition until this 10 week; 11 12 WHEREAS, Plaintiff's deposition has now been rescheduled for September 30, 2010; WHEREAS, due to Defendant's inability to depose Plaintiff, the parties are not in a

13 position to know what experts may be needed in this matter. 14 15 16 2010. 17 2. This Court continue the deadline for exchange of rebuttal expert witnesses until WHEREAS, the Parties are adverse to each other, but now jointly request that: 1. This Court continue the deadline for exchange of expert witnesses until October 29,

18 November 29, 2010. 19 20 Respectfully submitted, 21 Dated: September 17, 2010 22 23 24 25 26 27 28
CASE NO. 2:09-cv-03113-GEB-DAD STIPULATION AND ORDER TO CONTINUE DEADLINE FOR EXCHANGE OF EXPERT WITNESSES

VILLARREAL HUTNER PC By: /s/Tracy S. Todd TRACY S. TODD Attorney for Defendant SAM'S WEST, INC.

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1 Dated: September 17, 2010 2 3 4 5 6

LEO F. DONAHUE, INC. By: /s/ Leo F. Donahue LEO F. DONAHUE Attorney for Plaintiff LAURA TOYSA

7 IT IS SO ORDERED that the deadline for exchange of expert witnesses in this matter is now 8 set for October 29, 2010, and the exchange of authorized rebuttal information is now set for 9 November 29, 2010. 10 Date: 9/22/2010 11 12 13 14
DEAC_Sig nat ur e - END:

_________________________ GARLAND E. BURRELL, JR. United States District Judge

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CASE NO. 2:09-cv-03113-GEB-DAD STIPULATION AND ORDER TO CONTINUE DEADLINE FOR EXCHANGE OF EXPERT WITNESSES

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