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Murray v. Kohl's Department Stores, Inc., 2:18-cv-2312 MCE CKD. (2019)

Court: District Court, E.D. California Number: infdco20190812480 Visitors: 1
Filed: Aug. 08, 2019
Latest Update: Aug. 08, 2019
Summary: STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER MORRISON C. ENGLAND, JR. , District Judge . Pursuant to Local Rule 143 the parties stipulate and ask the Court to Order that the scheduling order entered on August 24, 2018 (ECF No. 4) be modified by extending the discovery and dispositive motion deadlines by approximately 6 months, to February 10, 2020 and August 10, 2020, respectively. "The district court is given broad discretion in supervising the pretrial phase of litigation." Johnson
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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

Pursuant to Local Rule 143 the parties stipulate and ask the Court to Order that the scheduling order entered on August 24, 2018 (ECF No. 4) be modified by extending the discovery and dispositive motion deadlines by approximately 6 months, to February 10, 2020 and August 10, 2020, respectively.

"The district court is given broad discretion in supervising the pretrial phase of litigation." Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992)(citation and internal quotation marks omitted). Rule 16(b) provides that "[a] schedule may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "The schedule may be modified `if it cannot reasonably be met despite the diligence of the party seeking the extension.'" Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson, 975 F. 2d at 607).

Good cause exists for this extension. The parties are communicating well and there is a high degree of cooperation. After a face-to-face meet and confer conference, the parties agreed that the requested extension was appropriate in light of plaintiff's on-going, related workers compensation matter coupled with plaintiff's on-going treatment and the indeterminate status of plaintiff's need for future surgery. The extension will allow the parties to continue to collaborate on resolving these undetermined factors, take the plaintiff's deposition, and position this case for alternative dispute resolution, either private mediation, the Voluntary Dispute Resolution Program, or settlement conference. 4847-6355-1134.1

For these reasons, the parties ask the Court to extend the discovery deadline to February 10, 2020, and the dispositive motion deadline to August 10, 2020.

IT IS SO STIPULATED.

DATED: August 6, 2019 DREYER BABICH BUCCOLA WOOD CAMPORA, LLP By: /s/ Hank Greenblatt Hank Greenblatt Attorneys for Plaintiff, PHILLIP MURRAY DATED: August 6, 2019 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP By: /s/ David V. Roth David V. Roth Attorneys for Defendant, KOHL'S DEPARTMENT STORES, INC.

ORDER

The discovery deadline is extended to February 10, 2020, and the dispositive motion deadline is extended to August 10, 2020.

IT IS SO ORDERED.

Source:  Leagle

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