Owens v. Walgreen Co.

Filing 33

STIPULATION and ORDER REGARDING PRETRIAL DATES 32 signed by Magistrate Judge Allison Claire on 1/2/2013 ORDERING the Scheduling Order Modified as follows: Non-Expert Discovery is due by 2/25/2013. Designation of Expert Witnesses due by 2/15/2013, a nd Disclosure of Rebuttal Experts due 3/15/2013. Expert Discovery due by 4/1/2013. The last day hearing date for Dispositive Motions is 3/25/2013. The Final Pretrial Conference is RESET for 4/15/2013 at 2:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Trial date remains the same. (Krueger, M)

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LAWRANCE A. BOHM, (SBN 208716)
BOHM LAW GROUP
4600 Northgate Boulevard, Suite 210
Sacramento, CA 95834
Telephone: [phone]
Facsimile: [phone]
ERIKA M. GASPAR, (SBN 238117)
LAW OFFICE OF ERIKA M. GASPAR
2121 Natomas Crossing Drive, Suite 200-399
Sacramento, CA 95834
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
SHAUN OWENS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHAUN OWENS,

Case No. 2:12−CV−00419−WBS−AC
Plaintiff,

v.

WALGREEN CO.; and DOES 1-100, inclusive,

STIPULATION AND
ORDER TO MODIFY THE COURT’S
PRETRIAL SCHEDULING ORDER
REGARDING DISCOVERY
DEADLINES AND PRETRIAL
CONFERENCE DATE

Defendant.

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

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

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Rex Darrell Berry, stipulate to modify the Court’s Status (Pretrial Scheduling) Order (Doc. #18)

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of May 25, 2012, and October 1, 2012 Stipulation and Order Regarding Pretrial Dates (Doc #30)

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to extend certain discovery deadlines. This stipulation is made pursuant to Rule 16(b)(4) of the

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Federal Rules Civil Procedure, the local rules of the Eastern District of California, and the

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SHAUN OWENS v. WALGREEN CO.
Case No. 2:12−CV−00419−WBS−JFM

Stipulation and Order to Modify the Court’s Pretrial
Scheduling Order Regarding Discovery Deadlines and
Pretrial Conference Date

Lawrance A. Bohm, Esq.
Erika M. Gaspar, Esq.

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Standing Orders of this Court. Good cause exists to extend the dates for completion of certain

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discovery identified herein.

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I. EXISTENCE OF GOOD CAUSE
1.

Good cause exists in that the parties are engaged in good faith efforts to

resolve the pending litigation.
2.

Good cause exists in that on September 20, 2012 Plaintiff properly served

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notice of depositions for Defendant’s witnesses scheduled for dates in October, 2012.

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However, to accommodate the business needs of Defendant, a retail merchant, during the

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holidays, the trial schedule of Plaintiff’s counsel and the parties’ efforts towards resolution,

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Plaintiff has agreed to stay the taking of previously noticed depositions and certain other

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discovery until after December 31, 2012.
3.

Good cause exists in that despite diligent efforts on the part of the parties to

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attempt to resolve their disputes, it has been determined that no further progress can be

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made until the deposition of one particular Defendant witness, a store manager, is taken.

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This witness is not available until January 15, 2013, and his deposition has been set to go

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forward on that date.
4.

Good cause exists in that Plaintiff’s counsel is in arbitration from January

21-29, 2013, in Stout v. WM Group of Funds, American Arbitration Association, Case No.
74-160-00575-06 ISCA.
5.

Good cause exists in that the parties have agreed to go to mediation in this

matter on January 31, 2013.
6.

Good cause exists in that the current date for disclosure of experts and

reports per Rule 26(a)(2) is January 2, 2013. (Doc. 30)

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SHAUN OWENS v. WALGREEN CO.
Case No. 2:12−CV−00419−WBS−JFM

Stipulation and Order to Modify the Court’s Pretrial
Scheduling Order Regarding Discovery Deadlines and
Pretrial Conference Date

Lawrance A. Bohm, Esq.
Erika M. Gaspar, Esq.

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7.

Good cause exists in that the current deadline for concluding all previously

noticed depositions, and responding to all previously propounded written discovery is
February 8, 2013. For purposes of this stipulation, that date is referred to as the “Non
Expert Discovery Cut Off.” The parties are not attempting by this stipulation to generally
reopen discovery beyond the previously pending discovery described herein. Good cause

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also exists in that the current deadline for concluding all expert discovery is February 15,

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2013 (Doc. 30). Counsel for the parties believe that the interests of justice and efficiency

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would be served by an Order granting the requested continuance. Accordingly, both

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counsel request modifications to the Court’s Status (Pretrial Scheduling) Order so that both

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parties can adequately exhaust pretrial resolution efforts and yet still have adequate time to

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prepare for trial in this case. Notwithstanding this stipulation, the parties expressly reserve
their rights to move the Court for additional discovery in the event they deem it necessary.

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8. Neither party would be prejudiced by the requested extension of dates set forth

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herein, and counsel for the parties believe that the interests of justice and efficiency would

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be served by an Order granting the requested extension.

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9.

Although the parties’ requested extension of time will require resetting the

Pretrial Conference, currently set for March 18, 2013, the request does not include a
request to continue the trial date, currently scheduled for May 14, 2013.
II.

REQUESTED MODIFICATIONS

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Based upon the good cause set forth above, Plaintiff requests the following modifications

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to the Court’s Status (Pretrial Scheduling) Order so that both parties can adequately prepare this

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case for trial currently scheduled for May 14, 2013:

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SHAUN OWENS v. WALGREEN CO.
Case No. 2:12−CV−00419−WBS−JFM

Stipulation and Order to Modify the Court’s Pretrial
Scheduling Order Regarding Discovery Deadlines and
Pretrial Conference Date

Lawrance A. Bohm, Esq.
Erika M. Gaspar, Esq.

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Current Date:

New Date:

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Non Expert Discovery Cut-Off

February 8, 2013

February 25, 2013

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Expert Disclosure Date

January 2, 2013

February 15, 2013

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Disclosure of Rebuttal Experts

January 30, 2013

March 15, 2013

Last Hearing Date for Motions

March 15, 2013

March 25, 2013

Expert Discovery Cut-Off

February 15, 2013

April 1, 2013

Pretrial Conference

March 18, 2013

April 15, 2013 at 2:00 p.m.

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The parties jointly request that the Court reset the date for the Pretrial Conference, currently set

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for March 18, 2013, to a date of the Court’s choosing on or after April 1, 2013. Per Eastern

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District Local Rule 281, and this Court’s previous instruction to the parties to file separate Pretrial

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Statements (Docket No. 18), Plaintiff’s Pretrial Conference Statement will be filed fourteen (14)

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days prior to re-set date of the Pretrial Conference, and Defendant’s Pretrial Conference
Statement will be filed seven (7) days prior to the re-set date of the Pretrial Conference.

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Dated: January 2, 2013

By:

/s/Erika M. Gaspar
LAWRANCE A. BOHM, ESQ.
ERIKA M. GASPAR, ESQ.
Attorneys for Plaintiff
SHAUN OWENS

Dated: December 14, 2012

By:

/s/Rex Darrell Berry
REX DARRELL BERRY, ESQ.
BERRY & BLOCK LLP
Attorneys for Defendant
WALGREEN CO.

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SHAUN OWENS v. WALGREEN CO.
Case No. 2:12−CV−00419−WBS−JFM

Stipulation and Order to Modify the Court’s Pretrial
Scheduling Order Regarding Discovery Deadlines and
Pretrial Conference Date

Lawrance A. Bohm, Esq.
Erika M. Gaspar, Esq.

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ORDER
GOOD CAUSE APPEARING, the Court grants the parties’ request to modify the Status
(Pretrial Scheduling) Order in this matter as follows:

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Previous Date:

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New Date:

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Non Expert Discovery Cut-Off

February 8, 2013

February 25, 2013

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Expert Disclosure Date

January 2, 2013

February 15, 2013

Disclosure of Rebuttal Experts

January 30, 2013

March 15, 2013

Last Hearing Date for Motions

March 15, 2013

March 25, 2013

Expert Discovery Cut-Off

February 15, 2013

April 1, 2013

Pretrial Conference

March 18, 2013

April 15, 2013 at 2:00 p.m.

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IT IS SO ORDERED:
DATE: January 2, 2013.
`
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;owen0419.stip

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SHAUN OWENS v. WALGREEN CO.
Case No. 2:12−CV−00419−WBS−JFM

Stipulation and Order to Modify the Court’s Pretrial
Scheduling Order Regarding Discovery Deadlines and
Pretrial Conference Date

Lawrance A. Bohm, Esq.
Erika M. Gaspar, Esq.