Valdovinos v. Walmart Inc.

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 9/7/2021 ORDERING the current pretrial litigation deadlines in this matter are all continued for 120 days. (Zignago, K.)

Case 2:20-cv-00222-KJM-DMC Document 21 Filed 09/08/21 Page 1 of 3

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Gregory L. Spallas, Esq. (SBN 129306)
Adolpho O. Karajah, Esq. (SBN 310785)
PHILLIPS, SPALLAS & ANGSTADT LLP
560 Mission Street, Suite 1010
San Francisco, CA, 94105
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
WALMART INC.
IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Fed Case No. 2:20-CV-0222-KJM-DMC

YIMI VALDOVINOS,

vs.
WALMART, INC.; AND DOES 1 THROUGH
50, INCLUSIVE,

STIPULATION AND ORDER TO
CONTINUE LITIGATION DEADLINES
Removal Date:
Trial Date:

January 29, 2020
TBD

Defendants.

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IT IS HEREBY AGREED AND STIPULATED, by and between all parties, through their

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undersigned counsel, as to the following:

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1.

On January 29, 2020, Defendant Walmart, Inc. (“Defendant” or “Walmart”) filed its
Notice to Court and Adverse Party of Removal to Federal Court.

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2.

The Court issued its Initial Pretrial Scheduling Order on April 2, 2020.

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3.

The parties subsequently have engaged in substantial discovery and stipulated to

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participate in

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continued all pretrial deadlines in accordance with a 114-day extension of the

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mediation deadline. This matter was ultimately mediated with neutral Sanford

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Kingsley on March 31, 2021 but did not resolve.

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4.

the Court’s Voluntary Dispute Resolution Program.

The Court

Plaintiff has since sent Defendant further written discovery, taken additional

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depositions, and conducted a site inspection of the Walmart facility that employed

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Plaintiff.
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STIPULATION AND ORDER TO CONTINUE PRETRIAL LITIGATION DEADLINES

Case 2:20-cv-00222-KJM-DMC Document 21 Filed 09/08/21 Page 2 of 3

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5.

The parties have subsequently discussed and agreed to submit this matter to another

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session of mediation with a new mediator which the parties will be in the process of

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coordinating to occur within the next 60-90 days.

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6.

trial date has yet been assigned.

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The current deadline to exchange RFCP 26 Expert Disclosures is October 7, 2021. No

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The parties believe that engaging in mediation prior to the parties expending

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considerable time and financial resources in retaining experts and conducting further

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discovery would result in a more meaningful mediation with the hopes of achieving a

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complete resolution of the lawsuit

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8.

In order to allow the parties the opportunity to engage in these settlement discussions

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prior to incurring the costs associated with completing non-expert discovery and

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retaining/disclosing expert witnesses, the parties request that all pretrial litigation

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deadlines be extended by 120 days.

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9.

The parties agree that it is in the best interests of all concerned that all pretrial

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deadlines in this matter be continued to allow the parties devote resources toward a

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potential resolution of this matter prior to trial.

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10.

Good cause exists for granting this request based on the foregoing.

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This stipulation may be executed in counterparts and by facsimile or PDF signature.

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Dated: September 2, 2021

Respectfully stipulated to and submitted by,

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BOHM LAW GROUP INC

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By:

/s/
Lawrance A. Bohm, Esq.
Daniel T. Newman, Esq.
Scott C. Zienty, Esq.
Attorneys for Plaintiff
YIMI VALDOVINOS

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STIPULATION AND ORDER TO CONTINUE PRETRIAL LITIGATION DEADLINES

Case 2:20-cv-00222-KJM-DMC Document 21 Filed 09/08/21 Page 3 of 3

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Dated: September 2, 2021

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PHILLIPS, SPALLAS & ANGSTADT LLP

By:

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/s/
Gregory L. Spallas, Esq.
Adolpho O. Karajah, Esq.
Attorneys for Defendant
WALMART INC.

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ORDER
Pursuant to the Parties’ Stipulation to Continue Litigation Deadlines, and good cause having
been shown, the current pretrial litigation deadlines in this matter are all continued for 120 days.

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Dated: September 7, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO CONTINUE PRETRIAL LITIGATION DEADLINES