Perkowski v. FedEx Ground Package System, Inc.

Filing 17

AMENDED SECOND STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 3/10/2025 CONTINUING Discovery Deadlines as follows: Fact Discovery due by 3/28/2025. Initial Expert Disclosure and Reports 4/16/2025. Rebuttal Expert Disclosure and Reports 4/30/2025. Expert Discovery due by 5/23/2025. Dispositive Motions filed by 6/27/2025. Last day for hearing on Dispositive Motions 8/21/2025 (Deputy Clerk LMS)

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Christopher S. Alvarez (SBN 294795)
E-Mail: [e-mail]
Elizabeth C. Lobaugh (SBN 327252)
E-Mail: [e-mail]
FISHER & PHILLIPS LLP
621 Capitol Mall, Suite 2400
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FEDERAL EXPRESS CORPORATION, successor
by merger to FEDEX GROUND PACKAGE SYSTEM,
INC.
Leora J. Perkowski
Email: [e-mail]
PERKOWSKI LAW OFFICE
4719 Quail Lakes Drive, Suite G-101
Stockton, CA 95207
Telephone: [phone]
Facsimile: 209-478-8708
Attorney for Plaintiff
WESLEY PERKOWSKI

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WESLEY PERKOWSKI,
Plaintiff,

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v.
FEDEX GROUND PACKAGE SYSTEM, INC.
and DOES 1 TO 10,
Defendants.

CASE NO.: 2:23-CV-02803-DJC-JDP
[Removed from San Joaquin County
Superior Court, Case No. STK-CV-UWT2023-0011482]
AMENDED SECOND JOINT
STIPULATION TO CONTINUE
DISCOVERY DEADLINES; ORDER

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Complaint Filed: November 1, 2023
Trial Date:
November 10, 2025

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AMENDED SECOND JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

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Pursuant to Locale Rule 144, Plaintiff WESLEY PERKOWSKI (“Plaintiff”) and Defendant

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FEDEX GROUND PACKAGE SYSTEM INC., (“Defendant”) (“collectively, the “Parties”), by and

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through their respective counsel of record, hereby jointly stipulate and respectfully request that the Court

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continue the fact and expert discovery cutoff and associated deadlines as follows.
WHEREAS, on February 2, 2024, this Court issued a Scheduling Order establishing the

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discovery deadline dates for the instant matter [Dkt. 7];
WHEREAS, in the Scheduling Order the Court set a fact discovery cutoff of December 13, 2024

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[Id.];
WHEREAS, in the Scheduling Order the Court set a cutoff for the Parties to disclose expert
witnesses and produce reports in accordance with FRCP 26(a)(2) by January 10, 2025 [Id.];
WHEREAS, in the Scheduling Order the Court set a cutoff for the Parties to disclose rebuttal
expert witnesses and produce reports in accordance with FRCP 26(a)(2) by February 7, 2025 [Id.];
WHEREAS, in the Scheduling Order the Court set an expert witness discovery cutoff of March 7,
2025 [Id.];
WHEREAS, on December 9, 2024, the Parties filed a Joint Stipulation to Continue Discovery
Deadlines [Dkt 11.];
WHEREAS, on December 11, 2024, this Court issued an Order extending the below discovery

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deadlines:

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•

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[Dkt. 12.];

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WHEREAS, the Parties requested a prior extension and change to the Scheduling Order’s

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discovery cutoff dates, was the Joint Stipulation filed on December 9, 2024 [Dkt. 11] and Order granted

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on December 11, 2024 [Dkt 12.];

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Fact Discovery deadline extended to February 28, 2025,
Initial Expert Disclosure and Reports deadline extended to March 14, 2025,
Rebuttal Expert Disclosure and Reports deadline extended to April 4, 2025, and
Expert Discovery deadline extended to April 25, 2025.

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WHERAS, on February 28, 2025, the Parties filed a Second Joint Stipulation to Continue

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Discovery Deadlines [Dkt 15.], and Deputy Michel informed the Parties that the Court could not

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accommodate the proposed schedule as set forth in the Parties’ Stipulation, and provided the below
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AMENDED SECOND JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

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recommended schedule that the Court’s calendar could accommodate;

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WHEREAS, the Parties have engaged in and continue to engage in fact discovery, but because

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of unforeseen delays related to Defendant’s employee witness’s extended leave from work that made

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him unavailable for his deposition, but who is now available should the Parties be granted an extension

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to arrange and schedule said deposition;

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WHEREAS, the Parties have and continue to cooperate in the exchange of necessary discovery,

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and therefore respectfully request that this Court grant the Partiers agreement to extend the deadline for

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the fact discovery consisting of:

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a.

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March; and

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b.

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Defendant’s production in response to Plaintiff’s Request for Production, Set Three.

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WHEREAS, the Parties have engaged in and continue to engage in fact discovery necessary for

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both Parties, and therefore agree to extend the deadline for the expert witnesses taking into account the

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new fact discovery cutoff date;

Follow up discovery relating to Olmedo’s testimony during his deposition or related to

WHEREAS, FRCP 29(b) allows for Parties to stipulate that other procedures governing or

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Deposition of Defendant’s employee, David Olmedo, to be taken within the month of

limiting discovery be modified;

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WHEREAS, such stipulation extending the time for any form of discovery must have court

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approval if it would interfere with the time set for completing discovery, for hearing a motion, or for

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trial;

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WHEREAS, the Parties seek to resolve the issue without additional motion work;

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WHEREAS, Federal Rule of Civil Procedure 16(b)(4) requires good cause and judicial consent

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as prerequisites to modifying a scheduling order;
WHEREAS, no party will be prejudiced by the requested extensions, and

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AMENDED SECOND JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order from this Court,

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subject to its availability, permitting the following new deadlines:

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Fact Discovery

12/13/2024

First Extended
Deadline
2/28/2025

1/10/2025

3/14/2025

4/16/2025

2/7/2025

4/4/2025

4/30/2025

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Initial Expert Disclosure
and Reports
Rebuttal Expert
Disclosure and Reports
Expert Discovery

3/7/2025

4/25/2025

5/23/2025

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Dispositive Motions

5/16/2025

No Change

6/27/2025

Last day for hearing on
Dispositive Motions
Final Pretrial Conference

6/26/2025

No Change

8/21/2025

9/11/2025

No Change

11/6/2025

Trial

11/10/2025

No Change

11/12/2025

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Event

Original Deadline

Proposed New
Deadline
3/28/2025

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IT IS SO STIPULATED.

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DATE: March 7, 2025

FISHER & PHILLIPS LLP

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By: /s/ Elizabeth C. Lobaugh
Christopher S. Alvarez
Elizabeth C. Lobaugh

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Attorneys for Defendant
FEDERAL EXPRESS CORPORATION, successor by
merger to FEDEX GROUND PACKAGE SYSTEM,
INC.

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DATE: March 7, 2025

PERKOWSKI LAW OFFICE
By: /s/ Leora J. Perkowski
Leora J. Perkowski
Attorney for Plaintiff
WESLEY PERKOWSKI

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AMENDED SECOND JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

ORDER

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Having read and considered the Parties’ Joint Stipulation, for good cause appearing, IT IS

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HEREBY ORDERED that all pretrial and trial dates and deadlines be MODIFIED as follows:

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Event

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Fact Discovery

12/13/2024

First Extended
Deadline
2/28/2025

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Initial Expert Disclosure
and Reports
Rebuttal Expert
Disclosure and Reports
Expert Discovery

1/10/2025

3/14/2025

4/16/2025

2/7/2025

4/4/2025

4/30/2025

3/7/2025

4/25/2025

5/23/2025

Dispositive Motions

5/16/2025

No Change

6/27/2025

6/26/2025

No Change

8/21/2025 at 1:30 PM

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Last day for hearing on
Dispositive Motions
Final Pretrial Conference

9/11/2025

No Change

11/6/2025 at 1:30 PM

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Trial

11/10/2025

No Change

1/12/2026 at 8:30 AM

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Original Deadline

Proposed New
Deadline
3/28/2025

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IT IS SO ORDERED.

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Dated: March 10, 2025

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER