Solis v. Walgreen Co.

Filing 30

ORDER Granting Stipulation for leave to take the deposition of Ronda DiMarzo. Signed by Judge Edward J. Davila on 9/14/2012. (ejdlc1, COURT STAFF) (Filed on 9/14/2012)

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BONONI LAW GROUP, LLP
Michael J. Bononi (State Bar No. 130663)
Christy W. Granien (State Bar No. 266392)
915 Wilshire Blvd., Suite 1950
Los Angeles, California 90017
Telephone: [phone]
Facsimile: (2 13) 553-9215
[e-mail]
cgranieri@ bononilawgroup.com
Attorneys for Plaintiff
Belinda Solis

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNlA

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BELINDA SOLIS, an individual

Case No. CVll-00605 EJD

Plaintiff,

JOINT STIPULATION AND
fPROPOSEDl ORDER FOR
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vs.
LEAVE TO 'tAKE THE
DEPOSITION OF RONDA
14 WALGREEN CO., an Illinoi s corporation DiMARZO, FOR PLAINTIFF'S
RETAINED EXPERT TO FILE A
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Defendant.
SUPPLEMENTAL RULE 26
REPORT, TO TAKE THE
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DEPOSITION OF CRAIG ENOS,
CPA, TO TAKE THE
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DEPOSITION OF DR. AARON
BUTCHER, P .A., TO TAKE THE
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DEPOSITION OF DR. DANIEL
OFFRET, P.A.
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ComQlaint Filed: February 9, 2011
Fact D iscovery Cutoff: July 27, 20 12
Trial Date:
None Set

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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF

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RECORD:

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IT IS STIPULATED AND AGREED by Plaintiff Belinda Solis ("Ms.

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Solis") and Defendant Walgreen Co., ("Walgreens") (collectively referred to as the

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"Parties"), by and through their respective attorneys of record, as follows :
JOINT STIPULATION AND [PROPOSED) ORDER
IJONONI LAW GROUP, LLP

WHEREAS, this matter originally was filed by Ms. Solis in the United
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States District Court for the Northern District of California on February 9, 2011.
WHEREAS, in the Court's Case Management Order ofNovember 29,2011,

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this Court set a Fact Discovery Cutoff of July 27, 2012 .
WHEREAS, in the Court's Case Management Order of November 29, 2011,

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6 this Court set a Designation of Opening Expe11s with Reports on August 3, 2012.
WHEREAS, in the Court's Case Management Order of November 29, 2011,

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this Court set a Designation of Rebuttal Experts with Reports on September 7,

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2012.

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WHEREAS, in the Com1's Case Management Order ofNovember 29, 201 1,

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this Court set an Expert Discovery Cutoff of September 10, 2012, the next

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business day after rebuttal reports are due.

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WHEREAS, this case is set for a Preliminary Pretrial Conference on
October 15, 2012.

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WHEREAS, this case has not been assigned a trial date.

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WHEREAS, Walgreens has recently learned and supplemented its responses

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to Requests for Admissions to disclose to Plaintiffthat Walgreen employee Ronda

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DiMarzo was rehired on June 3, 2010 after she returned from a medical leave.

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Walgreen had previously disclosed only that Ronda DiMarzo was rehired.

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WHEREAS, based on this newly discovered information, Ms. Solis did not

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have sufficient time to take Ms. DiMarzo's deposition prior to the Fact Discovery

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Cutoff. Had Ms. Solis known the information regarding Ms. DiMarzo's being

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rehired following a medical leave sooner, Ms. Solis would have noticed Ms.

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DiMarzo's deposition.

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WHEREAS, M s. Solis recently began new employment with Smith's Food

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and Drug on or around August 23,2012. Ms. Solis' retained expet1 regarding her

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economic loss and wage loss damages, Craig Enos ("Enos"), CPA, prepared a

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Rule 26 report, which was timely served as part of Ms. Solis' Expert Witness
JOINT STIPULATION AND [PROPOSEDJ ORDER
llO NON I LAW GRO UP, LLP

Disclosures. Mr. Enos' Rule 26 report did not take into consideration Ms. Solis'
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new employment, as she did not have the position when he drafted his report. Mr.

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Enos needs to supplement his initial Rule 26 report to address the incorrect and

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incomplete information regarding Ms. Solis' future economic and wage losses and

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account for her new position at Smith's.

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WHEREAS, it would be a waste of time and costs for Mr. Enos to be

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deposed prior to him preparing a supplemental Rule 26 report to correct the

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incorrect and incomplete information already known to be contained in his

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WHEREAS, Ms. Solis' current treating doctors- Dr. Aaron Butcher, P.A.

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and Dr. Daniel Offret, P.A. are located in Salt Lake City, UT. Despite diligent

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efforts, due to unavoidable scheduling conflicts, the parties have been unable to

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schedule their depositions prior to the Court's Expert Discovery Cutoff deadline.

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NOW THEREFORE, IT IS HEREBY STIPULATED by and between
the Parties, by and through their attorneys of record, that:
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Ms. Solis shall be permitted to take Ronda DiMarzo 's deposition

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pursuant to Federal Rules of Civi l Procedure, Rule 30. Ms. DiMarzo's deposition

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shall be completed on or before October 19,2012.

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2.

Mr. Enos shall be permitted to file a Supplemental Rule 26 repmt.

Mr. Enos' report will be served on Walgreens on or before November 1, 2012.
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Walgreens will be permitted to take the deposition of Craig Enos on

or before November 30,2012.
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Without prejudice to Walgreens' right to designate any rebuttal

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experts in response to Plaintiffs Rule 26 expert disclosure by the original due date

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of September 7, 2012, Walgreens will also be permitted to designate a rebuttal

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expert with a Rule 26 report only as to those issues and opinion raised by Mr.

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Enos' original and supplemental reports on or before November 30, 2012.

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5.

Walgreens shall be permitted to take the deposition of Dr. Aaron
JOINT STIPULATION AND fPROPOSED] ORDER
UONON I LAW GROUP, LLP

September 14, 2012