Stiles v. Wal-Mart Stores Inc, et al

Filing 338

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 1/31/2020 GRANTING stipulated request to shorten time. Plaintiffs' 334 motion to compel Rule 30(b)(6) testimony and Walmart's 336 motion for a protective order are set f or hearing in Redding, California, on 2/5/2020, at 10:00 a.m. Personal appearances of counsel are required. The parties shall file a SINGLE Joint Statement regarding these motions on or before 5:00 p.m. on 2/3/2020. Upon the filing of the Joint Statement, the court will determine whether the matter is appropriate for submission without oral argument. (Zignago, K.)

Brian J. Dunne (SBN 275689)
PIERCE BAINBRIDGE BECK PRICE &
HECHT LLP
355 S. Grand Avenue, 44th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Harmeet K. Dhillon (SBN 207873)
DHILLON LAW GROUP
177 Post Street, Suite 700
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs Sharidan L. Stiles and
Stiles 4 U, Inc.

BRYAN A. MERRYMAN (SBN 134357)
[e-mail]
CATHERINE S. SIMONSEN (SBN 307325)
[e-mail]
WHITE & CASE LLP
555 S. Flower Street, Suite 2700
Los Angeles, CA 90071-2433
Telephone: [phone]
Facsimile: [phone]
BIJAL V. VAKIL (SBN 192878)
[e-mail]
JEREMY OSTRANDER (SBN 233489)
[e-mail]
HALLIE KIERNAN (SBN 313541)
[e-mail]
WHITE & CASE LLP
3000 El Camino Real
Two Palo Alto Square, Suite 900
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]
STEFAN M. MENTZER (admitted pro hac
vice)
[e-mail]
WHITE & CASE LLP
1221 Avenue of the Americas, Floor 49
New York, NY 10020
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Walmart Inc.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SHARIDAN STILES, an individual, STILES 4
U, INC., a California corporation,
Plaintiffs,
v.
WALMART INC., and AMERICAN
INTERNATIONAL INDUSTRIES,
Defendants.

Case No. 2:14-cv-02234-MCE-DMC
STIPULATION AND ORDER TO
SHORTEN TIME FOR HEARING
ON PLAINTIFFS’ MOTION TO
COMPEL RULE 30(b)(6)
TESTIMONY OF DEFENDANT
WALMART INC.

Plaintiffs Sharidan Stiles and Stiles 4 U, Inc. (“Plaintiffs”) and defendant Walmart Inc.
(“Walmart”) (together, the “parties”), by and through their respective counsel, hereby stipulate as
follows:
WHEREAS, on January 15, 2020, Plaintiffs served their First Amended Notice of
30(b)(6) Deposition of Defendant Walmart Inc. (“Notice”);
WHEREAS, on January 28, 2020, Walmart served its Responses and Objections to the
Notice;
WHEREAS, Walmart has refused to provide a witness to testify on Topic Nos. 4, 5, 6, 7,
and 29 (“Deposition Topics”) in the Notice;
WHEREAS, the parties dispute whether Walmart should be required to produce a
30(b)(6) deponent capable of testifying on the Deposition Topics;
WHEREAS, Walmart’s 30(b)(6) deposition is scheduled to take place on February 13,
2020;
WHEREAS, the deadline to complete all fact depositions in this case is February 15,
2020;
WHEREAS, Plaintiffs have filed today a Motion to Compel Rule 30(b)(6) Testimony of
Defendant Walmart Inc. and Walmart has filed today a Motion for Protective Order to Limit
30(b)(6) Testimony of Walmart, Inc. (the “Motions”);
WHEREAS, given the overlapping issues in the Motions the parties have agreed to
submit a single joint statement, and Plaintiffs agreed to serve Walmart with their portion of the
joint statement by January 30, 2020, and allowing for additional edits until February 1, 2020, and
Walmart agreed to serve Plaintiffs with its portion of the joint statement by February 3, 2020, for
filing on February 3, 2020; and
WHEREAS, the parties respectfully submit that advancing the hearing on the Motion to
February 5, 2020, best serves the interests of the Court and the parties because it will allow the
Court to resolve the Motions prior to the noticed deposition date for Walmart’s 30(b)(6)
deponent.

THEREFORE, THE PARTIES, BY AND THROUGH THEIR RESPECTIVE
UNDERSIGNED COUNSEL, HEREBY STIPULATE, AND THE COURT ORDERS
AS FOLLOWS:
The parties shall file their joint statement re: discovery disagreement re: the Motions on
February 3, 2020; and
The time for hearing the Motion is shortened to February 5, 2020. The Court will hear
argument on the Motion on February 5, 2020.

Respectfully submitted,
Dated: January 30, 2020

PIERCE BAINBRIDGE BECK PRICE
& HECHT LLP
/s/
Brian J. Dunne
Brian J. Dunne (SBN 275689)
PIERCE BAINBRIDGE BECK PRICE &
HECHT LLP
355 S. Grand Avenue, 44th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
DHILLON LAW GROUP
Harmeet K. Dhillon
DHILLON LAW GROUP
177 Post Street, Suite 700
San Francisco, CA 94108
Telephone: [phone]
Facscimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs Sharidan L. Stiles and
Stiles 4 U, Inc.

Dated: January 30, 2020

WHITE & CASE LLP
/s/
Bryan A. Merryman
(as authorized on January 30, 2020)
Bryan A. Merryman (SBN 134357)
WHITE & CASE LLP
555 S. Flower Street, Suite 2700
Los Angeles, CA 90071-2433
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Walmart Inc.

PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED AS
FOLLOWS:
1. The parties’ stipulated request for an order shortening time is granted;
2. Plaintiffs’ motion to compel Rule 30(b)(6) testimony (ECF No. 334) and
Walmart’s motion for a protective order (ECF No. 336) are set for hearing before
the undersigned in Redding, California, on February 5, 2020, at 10:00 a.m.;
3. Personal appearances of counsel are required;
4. The parties shall file a SINGLE Joint Statement regarding these motions on or
before 5:00 p.m. on February 3, 2020;
5. Upon the filing of the Joint Statement, the court will determine whether the
matter is appropriate for submission without oral argument.

Dated: January 31, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE