(CONSENT) Presba et al v. Home Depot U.S.A., Inc.

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 1/17/2023 ORDERING 12 Fact Discovery due by 3/31/2023. Plaintiffs' Expert Disclosure due by 4/14/2023. Defendant's Expert Disclosure due by 4/28/2023, and Rebuttal Expert Disclosure by 5/9/2023.(Reader, L)

Case 2:22-cv-01241-KJN Document 13 Filed 01/17/23 Page 1 of 4

1 JOSHUA S. GOODMAN, ESQUIRE - State Bar #116576
ZACHARY S. TOLSON, ESQUIRE - State Bar #242824
2 GOODMAN NEUMAN HAMILTON LLP
One Post Street, Suite 2100
3 San Francisco, California 94104
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Defendant
HOME DEPOT U.S.A., INC.
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WILLIAM A. DEITCHMAN, ESQUIRE - State Bar #249267
8 DEITCHMAN & DEITCHMAN
601 Enterprise Drive, Suite E
9 Diamond Springs, CA 95619
Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Plaintiffs
KENNETH PRESBA and KRIS PRESBA
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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17 KENNETH PRESBA and KRIS
PRESBA,
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Plaintiff,
19 vs.
THE HOME DEPOT U.S.A., INC.; et
20 al.,
21

Case No. 2:22−cv−01241−KJN
STIPULATION TO EXTEND
DISCOVERY DEADLINES AND
ORDER (FRCP 16(b)(4))
Trial Date: November 22, 2023

Defendants.

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Plaintiffs KENNETH PRESBA and KRIS PRESBA and Defendant HOME

24 DEPOT, U.S.A., INC., through their respective counsel have met and conferred
25 concerning discovery, settlement, mediation, and the current discovery deadlines. For the
Goodman
Neuman
Hamilton LLP

One Post Street
Suite 2100
San Francisco, CA
94104
Tel.: [phone]

26 reasons set forth below, the parties jointly request a modification of the scheduling order
27 to extend the fact and expert discovery deadlines as follows:
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-1STIPULATION TO EXTEND DISCOVERY DEADLINES AND PROPOSED ORDER

Case 2:22-cv-01241-KJN Document 13 Filed 01/17/23 Page 2 of 4

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Event

Current Date

Proposed Date

2

Fact Discovery Deadline

February 10, 2023

March 31, 2023

3

Plaintiffs’ Expert Disclosure

February 24, 2023

April 14, 2023

4

Defendant’s Expert Disclosure

March 24, 2023

April 28, 2023

5

Rebuttal Expert Disclosure

April 21, 2023

May 9, 2023

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Expert Discovery Deadline

July 28, 2023

Unchanged

7

Law and motion, except as to
discovery-related matters
Final pretrial conference

September 26, 2023

Unchanged

October 24, 2023 at 9 am

Unchanged

Jury Trial

November 22, 2023 at 9 am Unchanged

Jury Selection

November 27, 2023 at 9 am Unchanged

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The good cause for seeking the modification to the scheduling order to extend

13 discovery and expert disclosure deadlines is as follows: the attorney at Goodman Neuman
14 Hamilton LLP who had been handling this case, Paige Yeh, left the firm unexpectedly as
15 of December 13, 2022. As of that date, Joshua S. Goodman undertook the handling of
16 this case and has meet and conferred with counsel for Plaintiffs about the status of
17 discovery, settlement and mediation. During those discussions, it became apparent that
18 the parties desired to attempt to resolve this matter through settlement discussions and if
19 need by through private mediation. The parties desire some additional time to explore
20 settlement without having to undergo the time and expense of expert disclosure and
21 discovery, including and independent medical examination of Plaintiff KENNETH
22 PRESBA.
23

The parties are not seeking to modify or extend the deadline to complete expert

24 discovery or any motion deadlines, and are not seeking to modify the dates for the Final
25 Pre-trial Conference or jury trial. The parties believe that allowing additional time to
Goodman
Neuman
Hamilton LLP

One Post Street
Suite 2100
San Francisco, CA
94104
Tel.: [phone]

26 complete fact discovery and to disclose experts will allow them to focus on settlement
27 and will make settlement more likely by limiting the expenses both parties will incur in
28 completing discovery and disclosing experts.
-2STIPULATION TO EXTEND DISCOVERY DEADLINES AND PROPOSED ORDER

Case 2:22-cv-01241-KJN Document 13 Filed 01/17/23 Page 3 of 4

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Respectfully Submitted,

2

ECF CERTIFICATION

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4

I, Joshua S. Goodman, certify that the content of this document is acceptable to the

5 undersigned counsel of record to affix my electronic signature hereto.
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7

DATED: January 6, 2023

GOODMAN NEUMAN HAMILTON LLP
By:

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13

ECF CERTIFICATION
I, William A Deitchman, certify that the content of this document is acceptable to
the undersigned counsel of record to affix my electronic signature hereto.

14 DATED: January 6, 2023
15
16
17

/s/ Joshua S. Goodman
JOSHUA S. GOODMAN
Attorneys for Defendant
HOME DEPOT U.S.A., INC.

DEITCHMAN & DEITCHMAN
By:

/s/ William A. Deitchman
WILLIAM A. DEITCHMAN
Attorneys for Plaintiffs
KENNETH PRESBA and KRIS PRESBA

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Goodman
Neuman
Hamilton LLP

One Post Street
Suite 2100
San Francisco, CA
94104
Tel.: [phone]

26
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-3STIPULATION TO EXTEND DISCOVERY DEADLINES AND PROPOSED ORDER

Case 2:22-cv-01241-KJN Document 13 Filed 01/17/23 Page 4 of 4

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MODIFICATION TO SCHEDULING ORDER

2

The above STIPULATION FO EXTEND DISCOVERY DEADLINES AND

3 PROPOSED ORDER is approved and the following deadlines are modified as follows:
4

Event

Current Date

Proposed Date

Fact Discovery Deadline

February 10, 2023

March 31, 2023

7

Plaintiffs’ Expert Disclosure

February 24, 2023

April 14, 2023

8

Defendant’s Expert Disclosure

March 24, 2023

April 28, 2023

9

Rebuttal Expert Disclosure

April 21, 2023

May 9, 2023

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11 IT IS SO ORDERED.
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13 Dated: January 17, 2023
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pres.1241

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Goodman
Neuman
Hamilton LLP

One Post Street
Suite 2100
San Francisco, CA
94104
Tel.: [phone]

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-4STIPULATION TO EXTEND DISCOVERY DEADLINES AND PROPOSED ORDER