Owens v. Walgreen Co.

Filing 30

STIPULATION and ORDER REGARDING PRETRIAL DATES signed by Magistrate Judge John F. Moulds on 9/28/2012 ORDERING that all depositions for which notices were served on or before 9/20/2012 shall be CONTINUED until after 12/31/2012, and the parties agre e to EXTEND until 2/8/2013 the period in which those depositions must be completed. The date for disclosure of experts and reports per Rule 26(a)(2) of the Federal Rules of Civil Procedure is EXTENDED until 1/2/2013, with the disclosure of expert w itnesses and reports to be used for rebuttal, if any, being made on or before 1/30/2013. All expert discovery shall be concluded on or before 2/15/2013. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 2/8/2013. The Pretrial Conference and Trial Date in this case are not affected by this stipulation, and shall remain scheduled for 3/18/2013 and 5/14/2013. (Zignago, K.)

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REX DARRELL BERRY, State Bar No. 110219
BRIAN CRONE, State Bar No. 191731
BERRY & BLOCK LLP
2150 River Plaza Drive, Suite 415
Sacramento, CA 95833
[phone]
[phone] FAX
Attorneys for Defendant
WALGREEN CO.
LAWRANCE BOHM, State Bar No. 208716
BOHM LAW GROUP
4600 Northgate Blvd., Ste 210
Sacramento, CA 95834
[phone]
[phone] FAX
ERIKA M. GASPAR, State Bar No. 238117
LAW OFFICE OF ERIKA M. GASPAR
2121 Natomas Crossing Dr., Ste 200-399
Sacramento, CA 95834
[phone]
[phone] FAX
Attorneys for Plaintiff
SHAUN OWENS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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) Case No. 2:12-CV-00419-WBS-JFM
)
Plaintiff,
)
) STIPULATION AND ORDER
v.
) REGARDING PRETRIAL DATES
)
WALGREEN CO. and DOES 1 through 100, )
inclusive,
)
)
Defendants.
)
)
SHAUN OWENS,

I.

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STIPULATION

Pursuant to Rule 302 of the Local Rules of Court for the Eastern District of California, and

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this Court’s May 25, 2012 Status (Pretrial Scheduling) Order, the parties hereto, Plaintiff Shaun

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STIPULATION AND ORDER REGARDING PRETRIAL DATES

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Owens (“Plaintiff”) and Defendant Walgreen Co. (“Walgreens”), by and through their

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undersigned counsel of record, hereby enter into the following stipulation:

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1.

Each party states that it has diligently pursued the litigation of this case.

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2.

The parties desire to explore the prospects for settlement before incurring any additional

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discovery or litigation expense.

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3.

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schedule mediation at the earliest possible date if they are unable to resolve this matter promptly.

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4.

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continued until after December 31, 2012, and the parties agree to extend until February 8, 2013

The parties will work in good faith to resolve this case, and will select a mediator and

All depositions for which notices were served on or before September 20, 2012 shall be

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the period in which those depositions must be completed. This stipulation applies only to

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deposition notices served on or before September 20, 2012. Walgreens will respond on or before

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December 1, 2012 to the written discovery served by Plaintiff on September 18 and 20, 2012, as

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well as Plaintiff’s Special Interrogatories to Defendant, Set One, served on or about April 13,

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2012. Plaintiff will respond on or before December 1, 2012 to Defendant’s Supplemental

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Interrogatory to Plaintiff, Set One and Defendant’s Supplemental Request for Production of

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Documents, Set One. By entering into this Stipulation and Order, no party waives any objection

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or position regarding any such discovery request or deposition notice. This Stipulation and Order

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extends the period for discovery only with regard to the discovery requests and deposition notices

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specified herein. It does not extend the time for any other discovery.

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5.

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regarding expert disclosures (Doc. No. 28), the parties agree to further extend the date for

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disclosure of experts and reports per Rule 26(a)(2) of the Federal Rules of Civil Procedure until

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January 2, 2013, with the disclosure of expert witnesses and reports to be used for rebuttal, if

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any, being made on or before January 30, 2013. The parties agree that all expert discovery shall

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be concluded on or before February 15, 2013.

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6.

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orders, or other emergency applications, shall be filed on or before February 8, 2013, and shall

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be noticed for the next available hearing date.

Notwithstanding the Court’s September 26, 2012 Order granting the parties’ stipulation

The parties agree that all motions, except motions for continuances, temporary restraining

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STIPULATION AND ORDER REGARDING PRETRIAL DATES

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7.

The parties agree that, provided the Court approves this stipulation, Plaintiff’s September

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18, 2012 “Motion and Order to Modify the Court’s Status (Pretrial Scheduling) Order,” and all

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other matters noticed for October 18, 2012, may be taken off calendar.

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by this stipulation, and shall remain scheduled for March 18, 2013 and May 14, 2013,

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respectively.

The parties agree that the Pretrial Conference and Trial Date in this case are not affected

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DATED: September 28, 2012

BERRY & BLOCK LLP

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By

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/s/ Rex Darrell Berry, Esq.
REX DARRELL BERRY
Attorneys for Defendant Walgreen Co.

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DATED: September 28, 2012

BOHM LAW GROUP

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By

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/s/ Lawrence Bohm, Esq.
LAWRENCE BOHM
Attorneys for Plaintiff Shaun Owens

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DATED: September 28, 2012

LAW OFFICE OF ERIKA M. GASPAR

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By

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II.

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ORDER

IT IS SO ORDERED.

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/s/ Erika M. Gaspar, Esq.
ERIKA M. GASPAR
Attorneys for Plaintiff Shaun Owens

Date: 9/28/2012

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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Signature-END:

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/014;owen0419.stip2

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STIPULATION AND ORDER REGARDING PRETRIAL DATES

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DECLARATION OF SERVICE

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I am a citizen of the United States, over the age of 18 years, and not a party to or
interested in this action. I am an employee of Berry & Block LLP, and my business address is
2150 River Plaza Drive, Suite 415, Sacramento, CA 95833. On this day I caused to be served the
following document(s):

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STIPULATION AND [PROPOSED] ORDER REGARDING PRETRIAL DATES
by placing
follows:

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a true copy into sealed envelopes addressed and served as

Attorney for Plaintiff
Lawrance Bohm
BOHM LAW GROUP
4600 Northgate Blvd., Ste 210
Sacramento, CA 95834
[phone]; Fax: [phone]

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the original

Attorney for Plaintiff
Erika M. Gaspar
LAW OFFICE OF ERIKA M. GASPAR
2121 Natomas Crossing Dr., Ste 200-399
Sacramento, CA 95834
[phone]; Fax: [phone]

BY MAIL: I am familiar with this firm’s practice whereby the mail, after being placed in
a designated area, is given fully prepaid postage and is then deposited with the U.S. Postal
Service at Sacramento, California, after the close of the day’s business.
BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand.
BY OVERNIGHT COURIER: I caused such envelope to be placed for collection and
delivery in accordance with standard overnight delivery procedures for delivery the next
business day.
BY FACSIMILE: I caused such documents(s) to be transmitted by facsimile
transmission from [phone] to the person(s) and facsimile transmission without
number(s) shown about. The facsimile transmission was reported as complete without
error and a transmission report was properly issued by the transmitting facsimile machine.
A true and correct copy of the transmission report will be attached to this proof of service
after facsimile service is completed.
BY FEDERAL ELECTRONIC FILING: I caused such document(s) to be
electronically filed with the Clerk of the Court using the CM/ECF system, which will send
notification of such filing and copies of the document(s) to the parties.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on September 28, 2012, at Sacramento, California.

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/s/ Jenny O’Shaughnessy
Jenny O’Shaughnessy

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9cekb3i

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STIPULATION AND ORDER REGARDING PRETRIAL DATES