Chan v. Wal-Mart Stores, Inc.

Filing 8

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/15/19 MODIFYING the Pretrial Scheduling Order as follows: Completion of discovery by 01/14/20; Designation of expert witnesses by 03/14/20; Designation of supplemental experts by 04/13/20; Dispositive motion(s) filed by 07/12/20; and Joint notice of trial readiness, if no party has filed a dispositive motion, filed by 05/13/20. (Benson, A.)

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Ross A. Boughton, Bar No. 241119
[e-mail]
Timothy L. Reed, Bar No. 258034
[e-mail] FORD &
HARRISON LLP 505
Montgomery Street, Suite 1001
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-852-6925
Attorneys for Defendant
WALMART INC. (erroneously sued as
WAL-MART STORES, INC.)
Timothy J. Gonzales, Bar No. 234923
[e-mail]
Christopher P. Brandes, Bar No. 282801
[e-mail]
Lindsay L. Bowden, Bar No. 318685
[e-mail]
BROCK & GONZALES, LLP
6701 Center Drive West, Suite 610
Los Angeles, CA 90045
Telephone: [phone]
Facsimile: 310-961-3673
Attorneys for Plaintiff
JEROME CHAN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEROME CHAN, an individual,

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Plaintiff,
v.
WAL-MART STORES, INC., an Arkansas
corporation; and DOES 1-50, inclusive,

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Case No. 2:19-CV-00506-TLN-KJN
JOINT STIPULATION TO MODIFY
INITIAL PRETRIAL SCHEDULING
ORDER; ORDER
Complaint Filed:
Trial Date:

February 13, 2019
None Set

Defendants.
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FORD & HARRISON
LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-1JOINT STIPULATION TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
Case No. 2:19-CV-00506-TLN-KJN

JOINT STIPULATION

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IT IS HEREBY STIPULATED AND AGREED TO by and between plaintiff
JEROME CHAN (“Plaintiff”), by his attorneys of record, and defendant WALMART INC.,
erroneously sued as WAL-MART STORES, INC., (“Defendant”), by its attorneys of record,
that the following Stipulation may be entered as an Order by the Court to give effect to the
stipulations set forth below, namely to modify and revise the dates set in the Initial Pretrial
Scheduling Order (Dkt. No. 3):
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California, County of Solano on February 13, 2019;
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WHEREAS, Defendant timely filed and served an Answer to Plaintiff’s

Complaint in the Solano County Superior Court on March 20, 2019;
3.

WHEREAS, on March 21, 2019, Defendant timely removed this action to the

above- captioned Court;
4.

WHEREAS, on March 22, 2019, this Court issued an Initial Pretrial Scheduling

Order (“Pretrial Scheduling Order”), which ordered, inter alia, the following dates:
a.

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Completion of discovery by November 15, 2019 (240 days from Initial

Pretrial Scheduling Order);

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b.

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Designation of expert witnesses by January 14, 2020 (60 days from close

of discovery);

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c.

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Designation of supplemental experts by February 13, 2020 (30 days from

expert disclosure);

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d.

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Last day to file dispositive motions by May 13, 2020 (180 days from

close of discovery);

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e.

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Last day to file joint notice of trial readiness, if no party intends to file a

dispositive motion, by March 14, 2020 (120 from close of discovery).

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WHEREAS, Plaintiff filed his Complaint in the Superior Court for the State of

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WHEREAS, the Parties have diligently engaged in initial discovery.

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-228
F ORD & H ARRISON
LLP
ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
Case No. 2:19-CV-00506-TLN-KJN

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6.

WHEREAS, the Parties are exploring potential resolution of this case and are

actively discussing mediation.
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WHEREAS, the Parties would like additional time to ensure that sufficient

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discovery is completed such that the parties can determine whether this matter can resolve

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through mediation.

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WHEREAS, the Parties would like additional time to negotiate an informal

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settlement and/or participate in mediation prior to completing discovery and filing

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dispositive motions.

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WHEREAS, good cause exists to modify the Pretrial Scheduling Order because

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further litigation may be unnecessary if the parties are able to resolve the matter either informally

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or through mediation.

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10.

WHEREAS, the parties have not requested any prior modification to the Pretrial

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Scheduling Order and any successful efforts to resolve the case may result in freeing up the

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Court’s calendar.

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NOW, THEREFORE, the Parties, by and through their respective counsel of record,

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AGREE AND HEREBY STIPULATE that good cause exists to modify the Pretrial Scheduling

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Order as follows:

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a.

Completion of discovery by January 14, 2020;

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b.

Designation of expert witnesses by March 14, 2020 (60 days from close of

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discovery);

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c.

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expert disclosure);

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d.

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close of discovery); and

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e.

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filed by no later than May 13, 2020 (120 days from close of discovery).

Designation of supplemental experts by April 13, 2020 (30 days from

Dispositive motion(s) filed by no later than July 12, 2020 (180 days from

Joint notice of trial readiness, if no party has filed a dispositive motion,

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-328
F ORD & H ARRISON
LLP
ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
Case No. 2:19-CV-00506-TLN-KJN

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IT IS SO STIPULATED.

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Dated: October 11, 2019

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By: /s/ Lindsay L. Bowden (as authorized on October 11, 2019)
Lindsay L. Bowden, Esq.
Attorneys for Plaintiff
JEROME CHAN

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BROCK & GONZALES, LLP

Dated: October 11, 2019

FORD & HARRISON LLP

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By: /s/ Ross A. Boughton
Ross A. Boughton, Esq.
Attorneys for Defendant
WALMART INC. (erroneously sued as WAL-MART
STORES, INC.)

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-428
FORD & HARRISON
LLP
ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
Case No. 2:19-CV-00506-TLN-KJN

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ORDER
GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the

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Pretrial Scheduling Order be modified as follows:
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a.
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Completion of discovery by January 14, 2020;

b.

Designation of expert witnesses by March 14, 2020 (60 days from close of

discovery);
c.

Designation of supplemental experts by April 13, 2020 (30 days from

expert disclosure);
d.

Dispositive motion(s) filed by no later than July 12, 2020 (180 days from

close of discovery); and
e.

Joint notice of trial readiness, if no party has filed a dispositive motion,

filed by no later than May 13, 2020 (120 days from close of discovery).

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IT IS SO ORDERED.

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Dated: October 15, 2019
Troy L. Nunley
United States District Judge

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F ORD & H ARRISON
LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-5JOINT STIPULATION TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
Case No. 2:19-CV-00506-TLN-KJN