1 HUNTON ANDREWS KURTH LLP M. BRETT BURNS (State Bar No. 256965) 2 KAREN EVANS (State Bar No. 197046) 50 California Street, Suite 1700 3 San Francisco, California 94111 4 Telephone: 510 • 975 • 3700 Facsimile: 510 • 975 • 3701 5 Attorneys for Defendants, 6 Lowe’s Home Centers, LLC and Robert Visser 7

8 Lawrence W. Freiman, Esq. (SBN 288917) 9 [email protected] FREIMAN LEGAL 10 100 Wilshire Blvd., Ste. 700 Santa Monica, CA 90401 11 Telephone: (310) 917-1004 12 Facsimile: (310) 300-2603

13 Counsel for Plaintiff Diana Gutierrez 14

15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 DIANA GUTIERREZ, CASE NO. 2:18-CV-03209-MCE-KJN

18 Plaintiff, STIPULATION AND ORDER EXTENDING DISCOVERY, EXPERT AND DISPOSITIVE 19 v. MOTION DEADLINES

20 LOWE’S HOME CENTERS, LLC; ROBERT

21 VISSER; AND DOES 1 THROUGH 20, INCLUSIVE, 22 Defendants. 23 24

25

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27 28 1 I. INTRODUCTION 2 The Parties, Plaintiff Diana Gutierrez, (“Plaintiff”) and Defendants Lowe’s Home Centers 3 LLC, and Robert Visser (collectively “Defendants”), through their respective attorneys of record, 4 hereby jointly stipulate to, and request the Court’s approval to extend the fact discovery cut off by 5 one and a half months to allow for the difficulty of scheduling depositions during holidays, and to 6 extend the other court imposed deadlines, accordingly. This is the first and only request by counsel 7 to extend any deadlines in this matter. 8 II. RECITALS/GROUNDS FOR RELIEF 9 Pursuant to Rule 16, a party may seek modification of a scheduling order, including 10 modification of a discovery cut-off date, “only for good cause and with a judge’s consent.” Fed. R. 11 Civ. P. 16(b)(4). “Good cause” exists only when a scheduling deadline “cannot reasonably be met 12 despite the diligence of the party seeking the extension.” Schafferner v. Crown Equip. Corp., No. 13 C09-00284 SBA,

, at *2 (N.D. Cal. Dec. 16, 2011) (citing Johnson v. Mammoth 14 Recreations, Inc.,

, (9th Cir. 1992). A party may establish good cause by showing: 15 that [he or she] was diligent in assisting the court in creating a workable Rule 16 16 order; (2) that [he or she] noncompliance with a Rule 16 deadline occurred or will occur, notwithstanding [his or her] diligent efforts to comply, because of the 17 development of matters which could not have been reasonable foreseen or anticipated at the time of the Rule 16 scheduling conference; and (3) that [he or she] was diligent 18 in seeking amendment of the Rule 16 order, once it became apparent that he or she could not comply with the order. 19 20 Hood v. Hartford Life & Accident Inc., Co.,

(E.D. Cal. 2008) (citation

21 omitted). 22 WHEREAS on December 17, 2018, this Court issued a scheduling order setting certain case 23 deadlines, including that: 24 • the deadline to complete all fact discovery is 365 days after the federal case was 25 opened (or December 16, 2019); 26 • the deadline to disclose expert witnesses is 60 days after the close of discovery (or 27 February 14, 2020); 28 1 • the deadline to disclose rebuttal expert witnesses is 30 days after the disclosure of 2 expert witnesses (or March 13, 2020); 3 • the deadline to file dispositive motions is 180 days after the close of non-expert 4 discovery (or June 15, 2020). 5 WHEREAS Plaintiff served a Notice of Depositions for many deponents on October 8, 2019 6 and the parties have diligently been attempting to schedule depositions. However, they have been 7 unable to schedule all of the depositions prior to December 16, 2019, due to unavailability of key 8 witnesses and counsel due to the holidays and due to the fact that some witnesses sought to be 9 deposed reside out of state, including Defendant Robert Visser; 10 WHEREAS the parties thus seek a short continuance of all deadlines in order to 11 accommodate the witnesses and both counsel’s schedules; 12 WHEREAS the parties may pursue settlement discussions either before or after the 13 anticipated depositions and the parties believe that taking these depositions will help facilitate 14 settlement. 15 THEREFORE, THE PARTIES STIPULATE AND AGREE TO THE FOLLOWING: 16 1. To set the deadline to complete all fact discovery by January 31, 2020; 17 2. To set the deadline for expert designations to March 31, 2020; 18 3. To set the deadline for designations of rebuttal experts to April 30, 2020; and 19 4. To set the deadline for the filing of dispositive motions to July 29, 2020. 20 The parties respectfully request that the Court adopt the parties’ stipulation and extend the

21 discovery and expert disclosure deadlines as set forth herein. 22 SO STIPULATED.

23 DATED: November 20, 2019 HUNTON ANDREWS KURTH LLP 24 25 By: ______/s/M. Brett Burns M. Brett Burns 26 Karen Jennings Evans Attorneys for Defendants 27 Lowe’s Home Centers, LLC 28 1 DATED: November 20, 2019 FREIMAN LEGAL 2 3 By: ____/s/ Lawrence W. Freiman Lawrence W. Freiman (authorizing e- 4 filing to Karen Evans on Nov. 19, 2019) Attorneys for Plaintiff 5 Diana Gutierrez 6

7 ORDER 8 The Stipulation of the Parties is accepted and the deadline to complete all fact discovery is 9 January 31, 2020. The deadline for expert designations is extended up to and including March 31, 10 2020. The deadline for designations of rebuttal experts is extended up to and including April 30, 11 2020. The deadline for filing dispositive motions is extended up to and including July 29, 2020. 12 IT IS SO ORDERED. 13 DATED: November 26, 2019 14 15 16 17 18 19 20

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