Edwinson v. Costco Wholesale Corporation

Filing 27

ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Stipulation TO EXTEND DEADLINES FOR FACT DISCOVERY AND DESIGNATION OF EXPERT WITNESS INFORMATION. Close of Fact Discovery due by 4/26/2021 and Designation of Experts due by 5/17/2021. (ndrS, COURT STAFF) (Filed on 2/16/2021)

Case 4:20-cv-02705-HSG Document 27 Filed 02/16/21 Page 1 of 3

1 SHARON C. COLLIER (State Bar No. 203450)
[e-mail]
2 CHERIE J. EDSON (State Bar No. 208598)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 One Embarcadero Center, Suite 2600
San Francisco, California 94111
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendant
7 COSTCO WHOLESALE CORPORATION
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
Case No. 4:20-cv-02705-HSG

12 MARGARET EDWINSON,
13

Plaintiff,

14

vs.

15 COSTCO WHOLESALE CORPORATION
and Does 1 through 10, inclusive,
16
Defendants.
17
18

STIPULATION AND ORDER TO
EXTEND DEADLINES FOR FACT
DISCOVERY AND DESIGNATION OF
EXPERT WITNESS INFORMATION

RECITALS

19

The parties to this action, by and through their respective attorneys of record, respectfully

20 submit the following Stipulation and [Proposed] Order to Extend the Deadline for Fact Discovery:
21

WHEREAS, on August 4, 2020 the Initial Case Management Conference was held in this

22 matter;
23

WHEREAS, on August 12, 2020, this Court issued a Scheduling Order, which provided

24 the following deadlines:
25

1.

Close of Fact Discovery: March 15, 2021;

26

2.

Designation of Experts: April 5, 2021;

27

3.

Last Day for Hearing on Dispositive Motions: April 15, 2021;

28

4.

Pre-Trial Conference: July 6, 2021;
Case No. 4:20-cv-02705-HSG
STIPULATION AND ORDER TO EXTEND DEADLINES FOR FACT DISCOVERY AND
DESIGNATION OF EXPERT WITNESS INFORMATION

75005.0038/15674883.1

Case 4:20-cv-02705-HSG Document 27 Filed 02/16/21 Page 2 of 3

1

5.

Jury Trial: July 26, 2021.

2

WHEREAS, Costco received Plaintiff’s verified discovery responses on August 14, 2020,

3 and promptly issued subpoenas to the medical providers Plaintiff identified in her responses;
4

WHEREAS, Costco has not yet received Plaintiff’s complete subpoenaed medical records

5 or employment records;
6

WHEREAS, based on Plaintiff’s discovery responses and Plaintiff’s medical records

7 received to date, counsel for Costco is informed and believes that Plaintiff had a pre-existing
8 medical condition that resulted in her need for surgery after the accident, and therefore needs to
9 acquire Plaintiff’s complete medical records and depose Plaintiff’s prior treating physicians;
10

WHEREAS, due to the impact of COVID-19 causing issues with obtaining Plaintiff’s

11 complete medical records, the parties cannot meaningfully proceed with taking the depositions of
12 Plaintiff’s treating physicians;
13

WHEREAS, the parties wish to participate in mediation in good faith, and to devote their

14 efforts at resolving this matter at mediation, and, to that end, wish to perform the depositions of
15 Plaintiff’s treating physicians and liability percipient witnesses until after mediation so as to
16 preserve those resources for potential resolution;
17

WHEREAS, the parties are scheduled to mediate this matter on March 3, 2021 with

18 mediator Craig Needham;
19

WHEREAS, to allow sufficient time to conduct the necessary fact discovery and conduct

20 the necessary depositions after mediation if unsuccessful, the parties have agreed to stipulate to
21 extend the fact discovery deadline from March 15, 2021 to April 26, 2021;
22

WHEREAS, to allow sufficient time to conduct the necessary fact discovery, acquire the

23 necessary deposition testimony, and participate in mediation before significant expenses are
24 incurred, the parties have agreed to stipulate to extend the expert designation deadline from April
25 5, 2021 to May 10, 2021;
26

WHEREAS, the parties do not wish to modify any other deadlines in this matter.

27

WHEREAS, the parties will not be prejudiced by an extension of time to conduct fact

28 discovery, make their expert disclosures and conduct expert depositions. This is the first such
Case No. 4:20-cv-02705-HSG
75005.0038/15674883.1
2
STIPULATION AND ORDER TO EXTEND DEADLINES FOR FACT DISCOVERY AND
DESIGNATION OF EXPERT WITNESS INFORMATION

Case 4:20-cv-02705-HSG Document 27 Filed 02/16/21 Page 3 of 3

1 extension requested by the parties.
2
3

STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto

4 through their respective counsel of record that the current deadline of March 15, 2021 for fact
5 discovery is extended to April 26, 2021, and the current deadline of April 5, 2021 for expert
6 designation and production of expert reports is extended to May 17, 2021.
7
8

IT IS SO STIPULATED.

9
10 DATED: February 12, 2021
11

MOADDEL KREMER & GEROME LLP
By:

12
13

/s/ Brent Gerome
Brent Gerome

Attorneys for Plaintiff MARGARET EDWINSON

14
15 DATED: February 12, 2021
16
17

SEVERSON & WERSON
A Professional Corporation
By:

/s/ Cherie J. Edson
Sharon C. Collier
Cherie J. Edson

18
19

Attorneys for Defendant COSTCO WHOLESALE
CORPORATION

20
21
22

ORDER

23
24

IT IS SO ORDERED.

25
26

DATE: 2/16/2021

27

HON. JUDGE HAYWOOD S. GILLIAM, JR.

28
Case No. 4:20-cv-02705-HSG
3
STIPULATION AND ORDER TO EXTEND DEADLINES FOR FACT DISCOVERY AND
DESIGNATION OF EXPERT WITNESS INFORMATION

75005.0038/15674883.1