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Equal Employment Opportunity Commission v. Wal-Mart Stores

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 21, 2012

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
v.
WAL-MART STORES, INC.,
DEFENDANT.

The opinion of the court was delivered by: Hon. John A. Mendez United States District Court Judge

AMENDED STIPULATION AND ORDER CONTINUING TRIAL DATE Date of Filing: December 15, 2011

Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC") and Defendant Wal-Mart Stores, Inc. ("Defendant") (collectively, the "Parties") hereby stipulate, by and through 3 their respective counsel, as follows: 4

WHEREAS, the Court's March 13, 2012 Status (Pre-trial Scheduling) Order ("Status

Order") for this matter set various procedural deadlines and dates including setting the date of 6 trial for March 25, 2013; 7

WHEREAS, the Parties agreed to participate in private mediation, with Daniel J. McVeigh, on September 11, 2012; 9

WHEREAS, prior to mediation, Plaintiff served its first of document requests upon Defendant; 11

WHEREAS, Defendant timely responded to Plaintiff's first set of document requests and, inter alia, asserted objections and requested the Parties meet and confer regarding the scope of 13 certain of Plaintiff's document requests; 14

WHEREAS, the Parties commenced and are continuing to meet and confer regarding the scope of certain of Plaintiff's document requests; 16

WHEREAS, the Parties will not have concluded their meet and confer efforts prior to September 11, 2012 mediation; 18

WHEREAS, the Parties desire to conclude and resolve all discovery issues and responses prior to mediation to ensure the most meaningful and productive mediation session possible; 20

WHEREAS, the Parties have agreed to reschedule mediation to October 15, 2012, in order to conclude and complete outstanding discovery requests prior to mediation; 22

WHEREAS, various procedural deadlines and dates, pursuant to the Status Order, are imminent and will occur prior to, or close in time to, the Parties' rescheduled mediation date; 24

WHEREAS, the Parties have proceeded with reasonable diligence to take all steps necessary to bring this action to issue and trial on March 25, 2013; 26

WHEREAS, the Parties nevertheless desire to avoid, for themselves and for the Court, incurring potentially unnecessary costs and expenses (including costs and expenses related to 28 A mended Stipulation and Proposed Order Continuing Trial additional fact as well as expert discovery) prior to mediation, in the event this matter is resolved 2 at mediation; 3

WHEREAS, on September 20, 2012, the Parties submitted a Stipulation and Proposed

Order Continuing the Trial Date, proposing changes to the current procedural schedule; 5

WHEREAS, on September 20, 2012, the Court reviewed the Parties Stipulation and

Proposed Order Continuing the Trial Date and suggested certain revisions to the Parties' proposed 7 changes to the current procedural schedule; 8

THEREFORE, the Parties stipulate to continue the trial date, by a period of eight weeks,

9 from March 23, 2013 to May 20, 2013 at 9:00 a.m.; 10

THEREFORE, the Parties stipulate to continue the deadline for expert witness disclosures,

11 by a period of seven weeks, from September 7, 2012, to October 26, 2012; 12

THEREFORE, the Parties stipulate to continue the deadline for supplemental disclosure

13 and disclosure of any rebuttal experts, by a period of nine weeks, from September 14, 2012, to 14

November 16, 2012, to ensure the Parties have sufficient time to retain and utilize rebuttal 15 experts following the deadline for expert witness disclosures; 16

THEREFORE, the Parties stipulate to continue the deadline for discovery, by a period of 17 seven weeks, from November 2, 2012, to December 21, 2012; 18

THEREFORE, the Parties stipulate to set the deadline for filing dispositive motions to January 23, 2013; 20

THEREFORE, the Parties stipulate that the hearing for dispositive motions will be on February 20, 2013 at 9:30 a.m.; 22

THEREFORE, the Parties stipulate the deadline to file a joint pretrial conference statement will be April 3, 2013; and 24 25 26 27 28

THEREFORE, the Parties stipulate the Final Pretrial Conference will be held on April 10, 2013 at 4:00 p.m. 3

IT IS SO STIPULATED.

Dated: September 21, 2012 MORGAN, LEWIS & BOCKIUS LLP 6 7 By: /s/ L. Julius M. Turman L. JULIUS M. TURMAN 8 ADELMISE ROSEME WARNER PHILIP J. SMITH 9 Attorneys for Defendant WAL-MART STORES, INC. 10 Dated: September 21, 2012 U.S. EQUAL EMPLOYMENT 11 OPPORTUNITY COMMISSION 12 13 By /s/ David Offen-Brown DAVID OFFEN-BROWN Attorneys for Plaintiff DAVID GALLO

IT IS SO ORDERED.

John A. Mendez

20120921

© 1992-2012 VersusLaw Inc.



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