Burton v. Walmart Inc.

Filing 21

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 7/21/2021 CONTINUING the current pretrial litigation deadlines for 120 days. (Huang, H)

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Case 2:20-cv-01199-MCE-DMC Document 21 Filed 07/21/21 Page 1 of 3 1 2 3 4 5 6 7 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: (415) 278-9400 Fax: (415) 278-9411 gspallas@psalaw.net akarajah@psalaw.net Attorneys for Defendant WALMART, INC. 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 PATRICK BURTON, 11 Plaintiff, 12 13 14 Federal Case No: 2:20-cv-01199-MCE-DMC vs. WALMART, INC., and DOES 1 through 20, inclusive, STIPULATION AND ORDER TO CONTINUE LITIGATION DEADLINES Removal Date: Trial Date: June 16, 2020 TBD Defendants. 15 IT IS HEREBY AGREED AND STIPULATED, by and between all parties, through their 16 17 undersigned counsel, as to the following: 18 1. On June 16, 2020, Defendant Walmart, Inc. (“Defendant” or “Walmart”) filed its Notice to Court and Adverse Party of Removal to Federal Court. 19 20 2. The same day, the Court issued the Initial Pretrial Scheduling Order. 21 3. On January 26, 2021, the Court approved the parties’ Stipulation to Continue 22 Mediation Deadline via the Court’s Voluntary Dispute Resolution Program (“VDRP”) 23 from December 25, 2020 to March 25, 2021 which was necessitated due to having to 24 select a new mediator as a result of a conflict by the previously selected mediator. 25 4. deadlines were extended by the same 90 day extension of the Mediation Deadline. 26 27 28 In the Order approving the Stipulation to Continue Mediation Deadline, all pretrial 5. The matter was mediated on March 12, 2021 via the VDRP before neutral Sanford Kingsley but did not resolve. PAGE 1 STIPULATION AND ORDER TO CONTINUE PRETRIAL LITIGATION DEADLINES Case 2:20-cv-01199-MCE-DMC Document 21 Filed 07/21/21 Page 2 of 3 1 6. Order granting Substitution of Attorney signed on May 4, 2021. 2 3 7. Additional discovery and depositions have been conducted by Plaintiff’s counsel Mr. Velez since his entrance into the case. 4 5 Plaintiff substituted new counsel Mark Velez in place of his previous counsel with the 8. Since then, the parties have discussed and agreed to submit this matter to another 6 session of mediation by mediator Russ Wunderli, Esq. The parties are in the process 7 of scheduling that mediation to occur within the next 60 days. 8 9. exchange RFCP 26 Expert Disclosures is November 12, 2021. No trial date has yet 9 been assigned. 10 11 The current non-expert discovery deadline is September 13, 2021 and the deadline to 10. The parties believe that engaging in mediation prior to the parties expending 12 considerable time and financial resources would result in a more meaningful mediation 13 with the hopes of achieving a complete resolution of the lawsuit 14 11. In order to allow the parties the opportunity to engage in these settlement discussions 15 prior to incurring the costs associated with completing non-expert discovery and 16 retaining/disclosing expert witnesses, the parties request that all pretrial litigation 17 deadlines be extended by 120 days. 18 12. The parties agree that it is in the best interests of all concerned that all pretrial 19 deadlines in this matter be continued to allow the parties devote resources toward a 20 potential resolution of this matter prior to trial. 21 13. Good cause exists for granting this request based on the foregoing. 22 14. This stipulation may be executed in counterparts and by facsimile or PDF signature. 23 24 DATED: July 19, 2021 PHILLIPS, SPALLAS & ANGSTADT LLP 25 26 27 Gregory L. Spallas, Esq. Adolpho O. Karajah, Esq. Attorneys for Defendant WALMART, INC. 28 PAGE 2 STIPULATION AND ORDER TO CONTINUE PRETRIAL LITIGATION DEADLINES Case 2:20-cv-01199-MCE-DMC Document 21 Filed 07/21/21 Page 3 of 3 1 DATED: July 19, 2021 THE VELEZ LAW FIRM, PC 2 /s/ Mark P. Velez ______________________________ Mark P. Velez, Esq. Natalya V. Grunwald, Esq. Attorney for Plaintiff PATRICK BURTON 3 4 5 6 ORDER 7 8 9 10 11 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. IT IS SO ORDERED. Dated: July 21, 2021 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 3 STIPULATION AND ORDER TO CONTINUE PRETRIAL LITIGATION DEADLINES

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