Schmitz v. Wal-Mart Stores, Inc.

Filing 31

ORDER signed by Magistrate Judge Dale A. Drozd on 10/20/11 ORDERING that either party may conduct up to 20 depositions without obtaining leave of court;either party may serve up to 45 interrogatories without obtaining leave of court; the 10/20/11 Discovery Conference is VACATED; Scheduling Conference SET for 12/12/11 at 02:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton w/ an updated status report due 14 days prior. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVE SCHMITZ, et al.,

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Plaintiffs,

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v.
WAL-MART STORES, INC.,

ORDER

Defendant.

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No. CIV S-11-1487 LKK DAD

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This matter came before the court on September 23, 2011, for a Discovery

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Conference under Rule 26 of the Federal Rules of Civil Procedure. Attorneys Mark Johnson,

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Mark Tamblyn and Stuart Talley appeared on behalf of plaintiffs Dave Schmitz and Robin

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Steward. Attorneys Kurt Kappes and Stephen Paffrath appeared on behalf of defendant Wal-

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Mart Stores, Inc.

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At the September 23, 2011 hearing the parties agreed that: (1) the number of

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depositions allowed in this matter under Rule 30 of the Federal Rules of Civil Procedure should

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be increased to twenty; (2) the number of interrogatories allowed in this matter under Rule 33 of

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the Federal Rules of Civil Procedure should be increased to forty-five; and (3) defendant would

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serve plaintiff with their initial response to plaintiff’s initial discovery requests by October 7,

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2011. The matter was then continued to October 20, 2011 for a further Rule 26 Discovery
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Conference in order to allow plaintiff to consider defendant’s responses to their initial discovery

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requests.

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On October 18, 2011, the parties filed a joint status report, indicating that there

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are no additional issues with respect to discovery and, in light thereof, requesting that the court

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vacate the October 20, 2011 further Rule 26 Discovery Conference and instead reset a Status

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(Pretrial Scheduling) Conference before the assigned District Judge.

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Having considered the status reports on file, and after hearing from the parties, IT
IS HEREBY ORDERED that:

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1. Pursuant to the parties’ agreement, either party may conduct up to twenty (20)
depositions without obtaining leave of court;

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2. Pursuant to the parties’ agreement, either party may serve up to forty-five (45)
interrogatories without obtaining leave of court;

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3. The October 20, 2011 Rule 26 Discovery Conference is hereby vacated;

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4. A Status (Pretrial Scheduling) Conference is set before District Judge

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Lawrence K. Karlton on Monday, December 12, 2011, at 2:30 p.m. in Courtroom 4; and

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5. The parties shall file an updated Status Report no later then fourteen days prior

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to the December 12, 2011 Status (Pretrial Scheduling) Conference, in compliance with the June

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2, 2011 (Doc. No. 5) Order Setting Status (Pretrial Scheduling) Conference previously issued in

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this matter.

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DATED: October 20, 2011.

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DAD:6
Ddad1\orders.civil\schmitz1487.ossc

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