Culver v. Amazon.com Services LLC

Filing 7

ORDER MODIFYING PRETRIAL SCHEDULING ORDER signed by Senior District Judge John A. Mendez on 01/29/2025 re Stipulation. Discovery due by 05/30/2025. Dispositive Motions filed by 07/25/2025. Motion Hearing on 09/23/2025, at 01:00 PM. Final Pret rial Conference RESET for 12/12/2025, at 11:00 AM, in person, in Courtroom 6 (JAM), 14th Floor, before Senior District Judge John A. Mendez. Jury Trial (5-7 days) RESET for 02/02/2026, at 09:00 AM, before Senior District Judge John A. Mendez. All other instructions contained in the Pretrial Scheduling Order (ECF No. 5), entered on 05/23/2024, shall remain in effect. (Deputy Clerk MDY)

1 Douglas E. Dexter (State Bar No. 115868)
[e-mail]
2 Jamie E.S. Talt (State Bar No. 312853)
[e-mail]
3 Daniela Archila (State Bar No. 334393)
[e-mail]
4 Farella Braun + Martel LLP
One Bush Street, Suite 900
5 San Francisco, California 94104
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for AMAZON.COM
SERVICES LLC
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ELKIN | GAMBOA, LLP
9 Michael Elkin, Esq. (SBN 287872)
E-Mail: [e-mail]
10 Elizabeth Tsolakyan, Esq. (SBN 347832)
Email: [e-mail]
11 4119 W. Burbank Blvd, Suite 110
Telephone: [phone]
12 Facsimile: 323.372.1216
13 Attorneys for Plaintiff
TOYISHA CULVER
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA,

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SACRAMENTO DIVISION

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19 TOYISHA CULVER,
Plaintiff,

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vs.

22 AMAZON.COM SERVICES LLC,
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Defendant.

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STIPULATION AND ORDER TO CONTINUE
TRIAL DATE AND PRETRIAL DEADLINES

Case No. 2:24-cv-00622-JAM-AC
STIPULATION AND ORDER TO
CONTINUE TRIAL DATE AND
PRETRIAL DEADLINES
The Hon. John A. Mendez
Action Filed: November 29, 2023
Trial Date: October 20, 2025
Proposed Trial Date: January 20, 2025

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Plaintiff Toyisha Culver (“Plaintiff”) and Defendant AMAZON.COM

2 SERVICES LLC (“Defendant”) (collectively, the “Parties”), by and through their
3 undersigned counsel of record, hereby respectfully submit this Joint Stipulation for
4 good cause continuing all pre-trial deadlines by 90 days.
WHEREAS, the Parties are currently engaging in settlement discussions that

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6 appear to have strong potential to resolve the instant action;
WHEREAS, the Parties seek to focus their time and resources on these

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8 discussions, and have concerns that not doing so could undermine the possibility of
9 resolution at this juncture;
WHEREAS, should settlement discussions not resolve the matter in the

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11 coming weeks, the Parties will proceed with completing discovery;
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WHEREAS, the Parties have not requested any previous trial extensions;

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WHEREAS, the current schedule includes the following pre-trial deadlines:

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Discovery cut-off: February 28, 2025

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File MSJ /dispositive motions: April 25, 2025

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Final Pre-Trial Conference: August 29, 2025

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ACCORDINGLY, the Parties respectfully request and stipulate that the Court

18 continue the October 20, 2025 trial date to at January 20, 2026, and all pre-trial
19 deadlines be extended by 90 days.
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Farella Braun + Martel LLP
One Bush Street, Suite 900
San Francisco, California 94104
[phone]

STIPULATION AND ORDER TO CONTINUE
TRIAL DATE AND PRETRIAL DEADLINES

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44787\20083649.1

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THEREFORE, IT IS HEREBY STIPULATED by and between the Parties

2 through their counsel of record, subject to the Court’s approval, that:
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The trial date be continued from October 20, 2025 to January 20, 2026.

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That all pre-trial deadlines be extended by 90 days.

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6 Dated: January 22, 2025

FARELLA BRAUN + MARTEL LLP

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By:

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/s/ Daniela A. Archila
Daniela A. Archila

Attorneys for AMAZON.COM SERVICES
LLC

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12 Dated: January 22, 2025

ELKIN | GAMBOA, LLP

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By:

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/s/ Michael Elkin
Michael Elkin, Esq.

Attorneys for Plaintiff Toyisha Culver

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Farella Braun + Martel LLP
One Bush Street, Suite 900
San Francisco, California 94104
[phone]

STIPULATION AND ORDER TO CONTINUE
TRIAL DATE AND PRETRIAL DEADLINES

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44787\20083649.1

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CERTIFICATION OF CONCURRENCE FROM ALL SIGNATORIES
I, Daniela A. Archila, am the ECF user whose identification and password are being used

3 to file this Joint Stipulation to Continue Trial Date and Pre-Trial Deadlines for Good Cause. I
4 hereby attest that I have obtained the concurrence of each signatory to this document.
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6 Dated: January 22, 2025

FARELLA BRAUN + MARTEL LLP

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By:

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/s/ Daniela A. Archila
Daniela A. Archila

Attorneys for AMAZON.COM SERVICES
LLC

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Farella Braun + Martel LLP
One Bush Street, Suite 900
San Francisco, California 94104
[phone]

STIPULATION AND ORDER TO CONTINUE
TRIAL DATE AND PRETRIAL DEADLINES

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44787\20083649.1

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ORDER MODIFYING PRETRIAL SCHEDULING ORDER
Based on the stipulation of the parties and good cause appearing, the Pretrial

3 Scheduling Order, is MODIFIED as follows:
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Event

Date

Discovery Cutoff

05/30/2025

Deadline to file dispositive motions

07/25/2025

Dispositive Motion Hearing

09/23/2025, at 01:00 p.m.

Final Pretrial Conference

12/12/2025, at 11:00 a.m.

Jury Trial (5-7 days)

02/02/2026, at 09:00 a.m.

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All other instructions contained in the Pretrial Scheduling Order (ECF No. 5),

16 entered on May 23, 2024, shall remain in effect.
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IT IS SO ORDERED.

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Dated: January 29, 2025

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
SENIOR UNITED STATES DISTRICT JUDGE

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Farella Braun + Martel LLP
One Bush Street, Suite 900
San Francisco, California 94104
[phone]

STIPULATION AND ORDER TO CONTINUE
TRIAL DATE AND PRETRIAL DEADLINES

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44787\20083649.1