U.S. Equal Employment Opportunity Commission v Wal-Mart Stores, Inc.

Filing 21

AMENDED STIPULATION and ORDER signed by Judge John A. Mendez on 9/21/2012 CONTINUING the Jury Trial to 5/20/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; CONTINUING the deadline for Expert Witness Disclosures to 10/26/2012; CONTI NUING the deadline for Supplemental Disclosure and Disclosure of any Rebuttal Experts to 11/16/2012; CONTINUING the deadline for Discovery to 12/21/2012; CONTINUING the deadline to file Dispositive Motions to 1/23/2012; ORDERING that the hearing on D isposititve Motions be held on 2/20/2013 at 9:30 AM; ORDERING that a Joint Pretrial Conference Statement be filed by 4/3/2013; CONTINUING the Final Pretrial Conference to 4/10/2013 at 04:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. (Michel, G)

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L. JULIUS M. TURMAN, State Bar No. 226126
ADELMISE ROSEMÉ WARNER, State Bar No. 215385
PHILIP J. SMITH (State Bar No. 232462)
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone:
415.442.1000
Facsimile:
415.442.1001
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant,
WAL-MART STORES, INC.

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DAVID OFFEN-BROWN, State Bar No. 063321
U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
San Francisco District Office
350 The Embarcadero, Suite 500
San Francisco, CA 94105-1260
Telephone: [phone]
Facsimile: 415.625.5657
Email: [e-mail]

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Attorneys for Plaintiff,
DAVID GALLO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,

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v.

Case No. 11-CV-03327-JAM-CKD
AMENDED STIPULATION AND
ORDER CONTINUING TRIAL DATE
Date of Filing:

December 15, 2011

WAL-MART STORES, INC.,
Defendant.

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AMENDED STIPULATION AND
[PROPOSED] ORDER CONTINUING
TRIAL DATE
CASE NO. 11-CV-03327-JAM-CKD

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

C:\Users\MP071765\Desktop\New Folder\WAL_EEO --

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Plaintiff U.S. Equal Employment Opportunity Commission (“EEOC”) and Defendant

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Wal-Mart Stores, Inc. (“Defendant”) (collectively, the “Parties”) hereby stipulate, by and through

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their respective counsel, as follows:

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WHEREAS, the Court’s March 13, 2012 Status (Pre-trial Scheduling) Order (“Status

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Order”) for this matter set various procedural deadlines and dates including setting the date of

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trial for March 25, 2013;

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WHEREAS, the Parties agreed to participate in private mediation, with Daniel J.
McVeigh, on September 11, 2012;
WHEREAS, prior to mediation, Plaintiff served its first of document requests upon
Defendant;
WHEREAS, Defendant timely responded to Plaintiff’s first set of document requests and,

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inter alia, asserted objections and requested the Parties meet and confer regarding the scope of

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certain of Plaintiff’s document requests;

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WHEREAS, the Parties commenced and are continuing to meet and confer regarding the
scope of certain of Plaintiff’s document requests;
WHEREAS, the Parties will not have concluded their meet and confer efforts prior to
September 11, 2012 mediation;
WHEREAS, the Parties desire to conclude and resolve all discovery issues and responses
prior to mediation to ensure the most meaningful and productive mediation session possible;
WHEREAS, the Parties have agreed to reschedule mediation to October 15, 2012, in order
to conclude and complete outstanding discovery requests prior to mediation;

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WHEREAS, various procedural deadlines and dates, pursuant to the Status Order, are

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imminent and will occur prior to, or close in time to, the Parties’ rescheduled mediation date;

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WHEREAS, the Parties have proceeded with reasonable diligence to take all steps
necessary to bring this action to issue and trial on March 25, 2013;

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WHEREAS, the Parties nevertheless desire to avoid, for themselves and for the Court,

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incurring potentially unnecessary costs and expenses (including costs and expenses related to

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MORGAN, LEWIS &
BOCKIUS LLP

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ATTORNEYS AT LAW
SAN FRANCISCO

C:\Users\MP071765\Desktop\New Folder\WAL_EEO -Amended Stipulation and Proposed Order Continuing Trial

AMENDED STIPULATION AND
[PROPOSED] ORDER CONTINUING
TRIAL DATE
CASE NO. 11-CV-03327-JAM-CKD

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additional fact as well as expert discovery) prior to mediation, in the event this matter is resolved

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at mediation;

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WHEREAS, on September 20, 2012, the Parties submitted a Stipulation and Proposed
Order Continuing the Trial Date, proposing changes to the current procedural schedule;

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WHEREAS, on September 20, 2012, the Court reviewed the Parties Stipulation and

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Proposed Order Continuing the Trial Date and suggested certain revisions to the Parties’ proposed

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changes to the current procedural schedule;

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THEREFORE, the Parties stipulate to continue the trial date, by a period of eight weeks,
from March 23, 2013 to May 20, 2013 at 9:00 a.m.;
THEREFORE, the Parties stipulate to continue the deadline for expert witness disclosures,
by a period of seven weeks, from September 7, 2012, to October 26, 2012;
THEREFORE, the Parties stipulate to continue the deadline for supplemental disclosure

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and disclosure of any rebuttal experts, by a period of nine weeks, from September 14, 2012, to

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November 16, 2012, to ensure the Parties have sufficient time to retain and utilize rebuttal

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experts following the deadline for expert witness disclosures;

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THEREFORE, the Parties stipulate to continue the deadline for discovery, by a period of
seven weeks, from November 2, 2012, to December 21, 2012;
THEREFORE, the Parties stipulate to set the deadline for filing dispositive motions to
January 23, 2013;
THEREFORE, the Parties stipulate that the hearing for dispositive motions will be on
February 20, 2013 at 9:30 a.m.;
THEREFORE, the Parties stipulate the deadline to file a joint pretrial conference
statement will be April 3, 2013; and

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MORGAN, LEWIS &
BOCKIUS LLP

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ATTORNEYS AT LAW
SAN FRANCISCO

C:\Users\MP071765\Desktop\New Folder\WAL_EEO -Amended Stipulation and Proposed Order Continuing Trial

AMENDED STIPULATION AND
[PROPOSED] ORDER CONTINUING
TRIAL DATE
CASE NO. 11-CV-03327-JAM-CKD

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THEREFORE, the Parties stipulate the Final Pretrial Conference will be held on April
10, 2013 at 4:00 p.m.
IT IS SO STIPULATED.

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Dated: September 21, 2012

MORGAN, LEWIS & BOCKIUS LLP

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By:

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Dated: September 21, 2012

/s/ L. Julius M. Turman
L. JULIUS M. TURMAN
ADELMISE ROSEMÉ WARNER
PHILIP J. SMITH
Attorneys for Defendant
WAL-MART STORES, INC.

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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By

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/s/ David Offen-Brown
DAVID OFFEN-BROWN
Attorneys for Plaintiff
DAVID GALLO

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IT IS SO ORDERED.

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Dated: 9/21/2012

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/s/ John A. Mendez_____________
HON. JOHN A. MENDEZ
United States District Court Judge

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MORGAN, LEWIS &
BOCKIUS LLP

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ATTORNEYS AT LAW
SAN FRANCISCO

C:\Users\MP071765\Desktop\New Folder\WAL_EEO -Amended Stipulation and Proposed Order Continuing Trial

AMENDED STIPULATION AND
[PROPOSED] ORDER CONTINUING
TRIAL DATE
CASE NO. 11-CV-03327-JAM-CKD