Swanson v. CVS Pharmacy, Inc.

Filing 13

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/2/2021 REVISING deadlines as follows: Fact Discovery cut-off is 11/30/2021. Designation of Expert Witnesses due by 1/31/2022. Dispositive Motion hearing Cut-off is 6/2/2022. (Coll, A)

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Derek Davis, Esq. (SBN 243957)
Alan Law, Esq. (SBN 268334)
COOPER & SCULLY, P.C.
505 Sansome Street, Suite 1550
San Francisco, CA 94111
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
GARFIELD BEACH CVS, L.L.C.
Erroneously sued as CVS PHARMACY, INC.
Brian H. Turner
LAW OFFICES OF BRIAN H. TURNER
2207 J Street
Sacramento, CA 95816
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff
CECIL L SWANSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO

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CECIL L. SWANSON,

) Case No. 2:20-CV-00745-TLN-KJN
)
)
Plaintiffs,
) STIPULATION AND ORDER TO AMEND
)
SCHEDULING ORDER
vs.
)
CVS PHARMACY, INC. and DOES 1 to 20, ) Date Action Filed: 03/06/20
)
)
Defendants.
)

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Plaintiff, CECIL L. SWANSON (“Plaintiff”) and Defendant GARFIELD BEACH CVS,

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L.L.C., erroneously sued as CVS PHARMACY, INC. (“Defendant”), by and through their

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respective attorneys of record and pursuant to LOCAL RULES 143 AND 144(D) and FRCP

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16(B) hereby stipulate and agree as follows:

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WHEREAS, on March 6, 2020 Plaintiff filed her Complaint in the Sacramento Superior
Court and served Defendant on March 13, 2020.

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1
Stipulation and Order Thereon to Amend Scheduling Order
United States District Court Eastern District No. 2:20-CV-00745-TLN-KJN

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WHEREAS Defendant filed its Notice of Removal, Civil Case Cover Sheet, Notice of

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Interested Parties and Demand for Trial by Jury on April 13, 2020 in the United States District

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Court, Eastern District of California – Sacramento.

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WHEREAS ON October 20, 2020 Defendant served its Initial Disclosure on Plaintiff
along with a set of Interrogatories and Request for Production of Documents.

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WHEREAS on November 4, 2020 Plaintiff served her Initial Disclosure on Defendant,

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and has requested – and was granted – extensions to the written discovery requests past the

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current Discovery Cut-Off date of December 16, 2020, due to the Plaintiff’s elderly age and the

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continued shelter-in-place orders due to the ongoing COVID-19 pandemic.

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WHEREAS on November 15th an ORDER was entered revising the Discovery deadlines.

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WHEREAS both Plaintiff and Defendant have propounded and responded to written

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discovery.

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WHEREAS on April 22, 2021 the deposition of Plaintiff was taken by Defendant.

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WHEREAS on May 27, 2021 the parties agreed to Elect Referral of Action to Voluntary

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Dispute Resolution Program (VDRP) Pursuant to Local Rule 271.

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WHEREAS several depositions of witnesses need to be administered but the parties
prefer to have those depositions taken after the mediation of the matter.

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WHEREAS the parties have entered into the following stipulation in an effort to jointly
resolve these discovery issues and continue to move this case forward.

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WHEREAS the parties through their respective counsel jointly propose and stipulate to

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the following deadlines:

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EVENT

CURRENT DATE

PROPOSED NEW DATE

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Fact Discovery Cut-Off Date

June 30, 2021

November 30, 2021

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Expert Disclosures and

August 30, 2021

January 30, 2022

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Reports

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Dispositive Motion Hearing

December 28, 2021

May 30, 2021

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Cutoff

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2
Stipulation and Order Thereon to Amend Scheduling Order
United States District Court Eastern District No. 2:20-CV-00745-TLN-KJN

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Final Pre-Trial Conference

Not set.

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Trial

Not set.

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IT IS FURTHER STIPULAED and AGREED between the parties that all other
provisions of the Pretrial Order shall remain in effect.
IT IS SO STIPULATED.

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Dated: June 2, 2021.

LAW OFFICES OF BRIAN H. TURNER

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By: /s/ Brian H. Turner
Brian H. Turner
LAW OFFICES OF BRIAN H. TURNER
2207 J Street
Sacramento, CA 95816
Tel: [phone]; Fax: [phone]
Email: [e-mail]

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Dated: June 2, 2021.

COOPER & SCULLY, P.C.

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By:

/s/ Alan Law
DEREK DAVIS
State Bar Number: 243957
ALAN LAW
State Bar Number : 286334
COOPER & SCULLY, P.C.
505 Sansome Street, Suite 1550
San Francisco, California 94111
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant GARFIELD BEACH CVS,
L.L.C. erroneously sued as CVS PHARMACY, INC.

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Stipulation and Order Thereon to Amend Scheduling Order
United States District Court Eastern District No. 2:20-CV-00745-TLN-KJN

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ORDER

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FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties, the
deadlines in the Scheduling Order previously set forth by the Court are revised as follows:
EVENT

CURRENT DATE

NEW DATE

Fact Discovery Cut-Off Date

June 30, 2021

November 30, 2021

Expert Disclosures and

August 30, 2021

January 31, 2022

December 28, 2021

June 2, 2022

Reports
Dispositive Motion Hearing
Cutoff

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IT IS SO ORDERED.
Dated: June 2, 2021
Troy L. Nunley
United States District Judge

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Stipulation and Order Thereon to Amend Scheduling Order
United States District Court Eastern District No. 2:20-CV-00745-TLN-KJN