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

Filing 23

STIPULATION and ORDER 22 signed by Judge John A. Mendez on 11/27/12: Jury Trial is CONTINUED to 9/23/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; Discovery due by 3/15/2013; Dispositive Motions due by 4/17/2013; the hea ring for Dispositve Motions will be on 5/15/2013 at 9:30 a.m.; a Joint Pretrial Conference Statement is due by 8/9/2013; the Final Pretrial Conference is CONTINUED to 8/16/2013 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kastilahn, A)

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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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WILLIAM R. TAMAYO, SBN 084965 (CA)
JOHNATHAN T. PECK, SB 12303 (VA)
MARCIA L. MITCHELL, SBN 18122 (WA)
DAVID F. 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 EEOC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

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Plaintiff,

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v.

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Case No. 11-CV-03327-JAM-CKD
STIPULATION AND ORDER
CONTINUING TRIAL DATE

WAL-MART STORES, INC.,

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Complaint Filed:

December 15, 2011

Defendant.

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MORGAN, LEWIS &
BOCKIUS LLP

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

ATTORNEYS AT LAW
SAN FRANCISCO

DB2/ 23685641.1

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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 September 21, 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 May 20, 2013;

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WHEREAS, the Parties agreed to stay certain fact discovery served or contemplated prior
to mediation, to avoid incurring unnecessary fees and costs responding to and conducting such
discovery should the matter be resolved at mediation;
WHEREAS, the Parties participated in mediation, with Daniel J. McVeigh, on October
22, 2012, but did not resolve this matter;
WHEREAS, following mediation, the Parties resumed fact discovery and propounded

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additional written discovery requests as well as sought to meet and confer regarding the

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scheduling of depositions on mutually available dates;

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WHEREAS, the current deadline for fact discovery is December 21, 2012;

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WHEREAS, defense counsel has limited availability to schedule depositions on or before

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December 21, 2012, because they are scheduled to take or defend approximately 25 to 30

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depositions, in the latter half of November through December 2012, in other actions;

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WHEREAS, defense counsel will thereafter be preparing for trial scheduled to begin on
February 25, 2012;
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;
WHEREAS, the Parties desire to complete all fact discovery necessary to properly prepare
their respective cases in this matter;
WHEREAS, despite the Parties’ good faith efforts to meet and confer to schedule
depositions on or before December 21, 2012, the Parties have not been able to schedule

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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SAN FRANCISCO

DB2/ 23539120.1
23685641.1

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

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depositions on mutually available dates due to the limited availability of defense counsel prior to

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December 21, 2012;

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WHEREAS, various procedural deadlines and dates, pursuant to the Status Order, are
related to, or contingent upon, the Parties completing fact discovery by December 21, 2012;
WHEREAS, Plaintiff’s counsel, for personal reasons, requests the trial take place after
next Summer;
THEREFORE, the Parties stipulate to continue the trial date from May 20, 2013 to
September 23, 2013;
THEREFORE, the Parties stipulate to continue the deadline for discovery, by a period of
twelve weeks, from December 21, 2012 to March 15, 2013;
THEREFORE, the Parties stipulate to set the deadline for filing dispositive motions to
April 17, 2013;
THEREFORE, the Parties stipulate that the hearing for dispositive motions will be on
May 15, 2013 at 9:30 a.m.;
THEREFORE, the Parties stipulate the deadline to file a joint pretrial conference
statement will be August 9, 2013; and

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW

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SAN FRANCISCO

DB2/ 23539120.1
23685641.1

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 August
16, 2013 at 11:00 a.m.
IT IS SO STIPULATED.

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Dated: November 19, 2012

MORGAN, LEWIS & BOCKIUS LLP

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By:

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Dated: November 19, 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 F. Offen-Brown
DAVID F. OFFEN-BROWN
Attorneys for Plaintiff EEOC

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IT IS SO ORDERED.
Dated: 11/27/2012

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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
ATTORNEYS AT LAW

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SAN FRANCISCO

DB2/ 23539120.1
23685641.1

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