Ochoa v. Costco Wholesale Corp.

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 02/06/24 EXTENDING Fact Discovery due date to 05/31/24. (Benson, A.)

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MAYALL HURLEY, PC
Nicholas John Scardigli (SBN 249947)
2453 Grand Canal Blvd.
Stockton, CA 95207
Tele.: 209-477-3833
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff
JUAN OCHOA JR.
SEYFARTH SHAW LLP
Lindsay S. Fitch (SBN 238227)
[e-mail]
Bradley D. Doucette (SBN 322611)
[e-mail]
400 Capitol Mall, Suite 2300
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant
COSTCO WHOLESALE CORPORATION
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JUAN OCHOA JR.,
Plaintiff,

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v.
COSTCO WHOLESALE CORPORATION and
DOES 1-10, inclusive,

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Case No. 2:22-cv-02287-KJM-AC
STIPULATION To Continue The Fact
Discovery Cutoff To Coincide With The
Expert Discovery Cutoff; [PROPOSED]
ORDER
Complaint Filed:

November 18, 2022

Defendants.

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STIPULATION TO CONTINUE THE FACT DISCOVERY CUTOFF TO COINCIDE WITH THE EXPERT
DISCOVERY CUTOFF; [PROPOSED] ORDER
308075359v.1

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Plaintiff JUAN OCHOA, JR. (“Plaintiff”) and Defendant COSTCO WHOLESALE

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CORPORATION (“Defendant”) (collectively with Plaintiff, “the Parties”), by and through their

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respective attorneys of record herein, hereby stipulate as follows:

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WHEREAS, on June 30, 2023 this Court set a pre-trial case schedule which ordered, in part,

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that all fact discovery be completed by March 15, 2024 and all expert discovery be completed by May

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31, 2024. (Dkt. No. 16);

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WHEREAS, the Parties have engaged in extensive discovery throughout this litigation and will

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soon commence depositions, but require additional time to complete discovery and depositions before

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the present fact discovery cutoff. In particular, Defense counsel is presently engaged in trials through

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the majority of February and March. As such, the Parties have met and conferred and agreed to stipulate

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to extend the fact discovery cutoff to coincide with the expert discovery cutoff of May 31, 2024 in

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order to give the Parties more time to conduct the necessary discovery.

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WHEREAS, this Court’s Standing Scheduling Order provides that “ . . . the Magistrate Judge

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may modify a discovery cutoff to the extent such modification does not have the effect of requiring a

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change to the balance of the schedule.” (Dkt. No. 17);

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WHEREAS, the Parties agree that a brief modification of the schedule to make the fact

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discovery cutoff and expert discovery cutoff coincide should not require a change to the balance of the

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schedule.

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IT IS SO STIPULATED.

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DATED: February 5, 2024

MAYALL HURLEY P.C.

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By:
NICHOLAS F. SCARDIGLI
Attorneys for Plaintiff
JUAN OCHOA

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STIPULATION TO CONTINUE THE FACT DISCOVERY CUTOFF TO COINCIDE WITH THE EXPERT
DISCOVERY CUTOFF; [PROPOSED] ORDER
308075359v.1

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DATED: February 5, 2024

Respectfully submitted,
SEYFARTH SHAW LLP

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By:
Lindsay S. Fitch
Bradley D. Doucette

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Attorneys for Defendant
COSTCO WHOLESALE CORPORATION

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STIPULATION TO CONTINUE THE FACT DISCOVERY CUTOFF TO COINCIDE WITH THE EXPERT
DISCOVERY CUTOFF; [PROPOSED] ORDER
308075359v.1

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[PROPOSED] ORDER

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The Court, having reviewed the Parties’ Joint Stipulation To Continue The Fact Discovery

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Cutoff to Coincide With The Expert Discovery Cutoff, and good cause appearing therefor, HEREBY

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ORDERS AS FOLLOWS:

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The present Fact Discovery Cutoff is continued to May 31, 2024.

IT IS SO ORDERED.
DATED: February 6, 2024

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STIPULATION TO CONTINUE THE FACT DISCOVERY CUTOFF TO COINCIDE WITH THE EXPERT
DISCOVERY CUTOFF; [PROPOSED] ORDER
308075359v.1