Filed: Dec. 18, 2017
Latest Update: Dec. 18, 2017
Summary: STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO CONDUCT CERTAIN DISCOVERY OUTSIDE THE DISCOVERY PERIOD] PEGGY A. LEEN , Magistrate Judge . Plaintiff DONNA LINARDO (hereinafter "Plaintiff") and Defendant WAL-MART STORES, INC. (hereinafter "Defendant"), by and through their respective counsel of record, do hereby stipulate to conduct certain discovery outside the discovery period. Specifically, the parties stipulate that Defendant shall take the deposition of Plaintiff's treating physician, D
Summary: STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO CONDUCT CERTAIN DISCOVERY OUTSIDE THE DISCOVERY PERIOD] PEGGY A. LEEN , Magistrate Judge . Plaintiff DONNA LINARDO (hereinafter "Plaintiff") and Defendant WAL-MART STORES, INC. (hereinafter "Defendant"), by and through their respective counsel of record, do hereby stipulate to conduct certain discovery outside the discovery period. Specifically, the parties stipulate that Defendant shall take the deposition of Plaintiff's treating physician, Dr..
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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO CONDUCT CERTAIN DISCOVERY OUTSIDE THE DISCOVERY PERIOD]
PEGGY A. LEEN, Magistrate Judge.
Plaintiff DONNA LINARDO (hereinafter "Plaintiff") and Defendant WAL-MART STORES, INC. (hereinafter "Defendant"), by and through their respective counsel of record, do hereby stipulate to conduct certain discovery outside the discovery period. Specifically, the parties stipulate that Defendant shall take the deposition of Plaintiff's treating physician, Dr. Babuk Ghuman on January 17, 2018 at 1 p.m.
DISCOVERY COMPLETED TO DATE
Walmart removed the case to this Court on May 15, 2017. Here, the parties have completed the following discovery:
• The parties have conducted an FRCP 26(f) conference.
• The parties have served and exchanged their respective FRCP 26(a) initial disclosures and supplements.
• The parties filed a stipulated discovery plan and scheduling order, which the Court approved and entered on June 22, 2017 (See ECF No. 11).
• Plaintiff has served additional written discovery requests to Walmart, including Plaintiff's Third and Fourth Sets of Requests for Production; and Second Set of Interrogatories. Walmart timely served its responses and objections to the same.
• Plaintiff has taken depositions of fact witnesses, including former Walmart employees Kirstopher Leonard and Denise DeLeon, and current Walmart employee Devynn Whitlock.
• Depositions of Plaintiff's experts Dr. Yee, Dr. Kuruvilla, Dr. Nelson, and Dr. Litt.
• Depositions of Plaintiff's treating provider Dr. Trainor
• Each party has made their respective expert disclosures.
• Defendant has obtained executed authorizations from Plaintiff and has commenced the process of subpoenaing and receiving records from Plaintiff's providers.
DISCOVERY TO BE COMPLETED OUTSIDE THE DISCOVERY PERIOD
Discovery to be completed includes:
• Defendant's deposition of Plaintiff's treating physician, Dr. Babuk Ghuman;
The parties aver that good cause exists for the request pursuant to Local Rule 2.25. Defendant timely sought deposition dates for Plaintiff's treating physician, Dr. Babuk Ghuman, but due to his busy schedule, said deposition could not be scheduled within the discovery period. As such, the parties have cordially agreed to aforementioned date and times upon which deposition practice shall be conducted.
The parties aver that this request is made by the parties in good faith and not for the purpose of delay.
IT IS SO ORDERED.
