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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?