Owens v. Walgreen Co.

Filing 28

ORDER signed by Magistrate Judge John F. Moulds on 9/26/12 ORDERING 25 MOTION to Modify filed by Shaun Owens to be heard on 10/18/2012 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. The current date for disclosu re of experts and reports per Rule 26(a)(2) is 10/1/12 before the Court can rule on plaintiff's motion. Good cause exists in that Plaintiff has not yet completed discovery, it would be difficult to provide a meaningful report. Any expert repor t submitted would only have to be supplemented at a later date, which would defeat the purpose of the disclosure. Further, as neither party would be prejudiced by the requested extension of date for disclosure of experts and reports per Rule 26(a)(2), counsel for the parties believe that the interests of justice and efficiency would be served by an Order granting the requested extension. (Meuleman, 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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SHAUN OWENS,
Plaintiff,

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vs.

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No. CIV 2:12-cv-0419-WBS-JFM

WALGREEN CO., et al.,
Defendants.

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ORDER
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Plaintiff, SHAUN OWENS, by and through his attorneys of record, Lawrance A.

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Bohm and Erika M. Gaspar and Defendant, WALGREEN CO., by and through their attorney of

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record Rex Darrell Berry stipulate to extend the date for disclosure of experts and reports per

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Rule 26(a)(2) from October 1, 2012 as set out in the Court’s Status (Pretrial Scheduling) Order

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(Doc #18) until November 1, 2012, with the disclosure of expert witnesses and reports to be used

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for rebuttal, if any, being made on or before November 30, 2012.

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I.

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EXISTENCE OF GOOD CAUSE
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Good cause exists in that Plaintiff’s Motion to Modify the Court’s Status (Pretrial

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Scheduling) Order which will be heard on October 18, 2012, includes a request to extend the

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date for disclosure of experts and reports until December 1, 2012. The current date for disclosure

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of experts and reports per Rule 26(a)(2) is October 1, 2012, before the Court can rule on

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Plaintiff’s motion.
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Good cause exists in that Plaintiff has not yet completed discovery, it would

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be difficult to provide a meaningful report. Any expert report submitted would only have to be

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supplemented at a later date, which would defeat the purpose of the disclosure.

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3.

Further, as neither party would be prejudiced by the requested extension of date

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for disclosure of experts and reports per Rule 26(a)(2), counsel for the parties believe that the

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interests of justice and efficiency would be served by an Order granting the requested extension.

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Dated: 9/21/2012

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/s/Rex Darrell Berry

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REX DARRELL BERRY, ESQ.

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BERRY & BLOCK LLP

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Attorneys for Defendant

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WALGREEN, CO.

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Dated: 9/21/2012

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/s/Erika M. Gaspar

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LAWRANCE A. BOHM, ESQ.

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ERIKA M. GASPAR, ESQ.

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Attorneys for Plaintiff

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SHUAN OWENS

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IT IS SO ORDERED.
DATED: September 26, 2012.

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