McClain v. Old Dominion Freight Line, Inc.

1 Young K. Park, SBN 287589 [email protected] Michelle Avidisyans, SBN 348652 [email protected] JUSTICE FOR WORKERS, P.C.

3600 Wilshire Blvd., Suite 1815 Los Angeles, CA 90010 Phone: 323-922-2000 Fax: 323-922-2000 Attorneys for Plaintiff MICHAEL MCCLAIN ANTHONY J. DECRISTOFORO, SBN 166171 [email protected] JAMIE U. CHENG, SBN 346543 [email protected] OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

400 Capitol Mall, Suite 2800 Sacramento, CA 95814 Telephone: 916-840-3150 Facsimile: 916-840-3159 Attorneys for Defendant OLD DOMINION FREIGHT LINE, INC. (erroneously named as OLD DOMINION FREIGHT LINE) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MICHAEL MCCLAIN, an individual, Case No. 2:23-cv-00997-TLN-DB Plaintiff, STIPULATION AND ORDER SEEKING 20 TO MODIFY SCHEDULING ORDER 21 vs. OLD DOMINION FREIGHT LINE, a foreign corporation; and DOES 1 through 50, Solano County Superior Court 23 Defendants. C ase No. CU-23-00987 24 Action Filed: April 25, 2023 Removal Filed: May 26, 2023

28 Plaintiff Michael McClain (“Plaintiff”) and Defendant Old Dominion Freight Line, Inc. (“Defendant”), by and through their undersigned counsel, hereby stipulate as follows: 2 STIPULATION 3 A. WHEREAS, the Court issued an Initial Pretrial Scheduling Order in this matter dated May 26, 2023 (ECF 2); 5 B. WHEREAS, the May 26, 2023 Initial Pretrial Scheduling Order requires all discovery to be completed no later than two hundred forty days from the date upon which the last answer may be filed with the Court pursuant to the Federal Rules of Civil Procedure, which is January 26, 2024; 9 C. WHEREAS, under Federal Rule of Civil Procedure 16(b)(4), a pre-trial schedule “may be modified only for good cause and with the judge’s consent.” Good cause requires a showing of diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

12 D. WHEREAS, the parties have diligently and cooperatively participated in discovery, including exchanging initial disclosures, propounding and responding to written discovery requests, and exchanging documents; 15 E. WHEREAS, despite this diligent exchange of information in discovery, both parties need more time to complete the depositions and discovery needed to adequately prepare the case for trial or settlement, and the parties therefore seek to amend the May 26, 2023 Initial Pretrial Scheduling Order to extend the deadline to complete discovery to April 26, 2024.

19 F. WHEREAS, the parties do not seek to change any of the other deadlines in the Initial Pretrial Scheduling Order. To the extent any other deadlines in the Initial Pretrial Scheduling Order track the deadline to complete discovery, the parties agree that the original discovery cutoff deadline of January 26, 2024, will apply to those deadlines.

23 IT IS HEREBY STIPULATED: 24 1. The parties wish to amend the Initial Pretrial Scheduling Order to require that 25 discovery be completed no later than April 26, 2024.

26 2. All other dates in the May 26, 2023 Initial Pretrial Scheduling Order are to remain 27 unchanged.

DATED: December 19, 2023 JUSTICE FOR WORKERS, P.C.

By: /s/ Young K. Park (as authorized on 12-19-23) 4 Young K. Park Michelle Avidisyans Attorneys for Plaintiff MICHAEL MCCLAIN DATED: December 19, 2023 OGLETREE, DEAKINS, NASH, 8 SMOAK & STEWART, P.C.

By: /s/ Anthony J. DeCristoforo 10 Anthony J. DeCristoforo Jamie U. Cheng Attorneys for Defendant 12 OLD DOMINION FREIGHT LINE, INC. 16 ORDER 17 The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: 18 IT IS HEREBY ORDERED that the May 26, 2023, Initial Pretrial Scheduling Order be || modified to reflect that Discovery in this matter shall be completed no later than April 26, 2024. All || other dates and information in the May 26, 2023, Initial Pretrial Scheduling Order shall remain || unchanged. /) IT IS SO ORDERED. ( f / 23 “ ) Lacxhay Dated: December 20, 2023 — MNS 24 Troy L. Nunley» } 35 United States District Judge 2 Cace Na 9:92 puLNN007_TT □□□□