Opinion
2:22-cv-00464-JCM-VCF
11-29-2022
CANDACE JOHNSON, Plaintiff, v. WALMART, INC., a Foreign Corporation; WALMART APOLLO, LLC., a Foreign Corporation; HIGH LINER FOODS USA, INC., a Foreign Corporation; DOE MANUFACTURER; DOES 1-20 and ROE BUSINESS ENTITIES 1-20, inclusive, Defendants.
ANNALISA N. GRANT, ESQ. DAMIAN C. NOODY, ESQ. GRANT & ASSOCIATES Attorneys for Defendants Walmart, Inc., Walmart Apollo, LLC and High Liner Foods USA, Inc. HICKS & BRASIER, PLLC CHARLES S. JACKSON, ESQ. Attorneys for Plaintiff
ANNALISA N. GRANT, ESQ. DAMIAN C. NOODY, ESQ. GRANT & ASSOCIATES Attorneys for Defendants Walmart, Inc., Walmart Apollo, LLC and High Liner Foods USA, Inc.
HICKS & BRASIER, PLLC CHARLES S. JACKSON, ESQ. Attorneys for Plaintiff
STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST)
Cam Ferenbach United States Magistrate Judge
Plaintiff CANDACE JOHNSON (hereinafter “Plaintiff”) and Defendants WALMART INC., WALMART APOLLO, LLC, and HIGH LINER FOODS USA, INC. (hereinafter “DEFENDANTS”), by and through their respective counsel of record, do hereby stipulate to extend the remaining deadlines in the current scheduling order and discovery plan in this matter for a period of ninety (90) days for the reasons explained herein. Pursuant to Local Rule 6-1(b), the parties hereby aver that this is the second such discovery extension requested in this matter.
DISCOVERY COMPLETED TO DATE
• The parties have conducted an FRCP 26(f) conference, have served their respective FRCP 26(a) disclosures and supplements thereto;
• The parties have filed all required documents pursuant to ECF 2 to date;
• Plaintiff has provided provider specific authorizations and DEFENDANTS had requested the corresponding medical records; and
• DEFENDANTS and Plaintiff have served written discovery and submitted timely responses.
DISCOVERY NEEDED TO BE COMPLETED
Discovery to be completed includes:
• Deposition of Plaintiff;
• Depositions of Defendant 30(b)(6) witness(es);
• Depositions of Plaintiff's treating physicians;
• Depositions of fact witnesses;
• Disclosure of expert by both parties; and
• Depositions of expert witnesses and rebuttal expert witnesses.
The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested extension. Good cause exists for requesting this extension less than 21 days before the expert deadline. DEFENDANTS require Plaintiff's testimony for DEFENDANTS' experts to prepare their disclosures.
The parties agree that, pending this Court's approval, extending the remaining discovery deadlines is appropriate, as the parties were only recently able to schedule Plaintiff's deposition for November 30, 2022. In light of the allegations surrounding this matter, DEFENDANTS' experts have requested to review Plaintiff's deposition testimony, however, the expert disclosure deadline of December 9, 2022, set forth in the operative plan, does not afford sufficient time for said review. Additionally, the parties are engaging in settlement discussions. As such, the parties have agreed to a ninety (90) day discovery extension to ensure that the remaining discovery is conducted.
The parties have acted in good faith to request this extension and have no intent, nor reason, to delay the resolution of this matter.
[PROPOSED] NEW DISCOVERY DEADLINES
Expert Disclosure Deadline:
Currently: December 9, 2022
Proposed: March 9, 2023
Rebuttal Expert Disclosure Deadline:
Currently: January 9, 2023
Proposed: April 10, 2023
Discovery Cut-Off Dated:
Currently: February 8, 2023
Proposed: May 9, 2023
Dispositive Motion Deadline:
Currently: March 10, 2023
Proposed: June 8, 2023
Proposed Joint Pre-Trial Order Deadline:
Currently: April 7, 2023
Proposed: July 6, 2023
If this extension is granted, all anticipated additional discovery should be concluded within the stipulated extended deadline. The parties aver that this request for extension of discovery deadlines is made by the parties in good faith and not for the purpose of delay.
IT IS SO ORDERED.