1 Young K. Park, SBN 287589 [email protected] 2 Michelle Avidisyans, SBN 348652 3 [email protected] JUSTICE FOR WORKERS, P.C. 4 3600 Wilshire Blvd., Suite 1815 Los Angeles, CA 90010 5 Phone: 323-922-2000 Fax: 323-922-2000 6

7 Attorneys for Plaintiff MICHAEL MCCLAIN 8 ANTHONY J. DECRISTOFORO, SBN 166171 9 [email protected] ERIC F. DELLA SANTA, SBN 310458 10 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 11 400 Capitol Mall, Suite 2800 Sacramento, CA 95814 12 Telephone: 916-840-3150 Facsimile: 916-840-3159 13 Attorneys for Defendant 14 OLD DOMINION FREIGHT LINE, INC. (erroneously named as OLD DOMINION 15 FREIGHT LINE) 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 MICHAEL MCCLAIN, an individual, Case No. 2:23-cv-00997-TLN-DB

20 Plaintiff, STIPULATION AND ORDER SEEKING TO MODIFY SCHEDULING ORDER 21 vs.

22 OLD DOMINION FREIGHT LINE, a foreign corporation; and DOES 1 through 50, Solano County Superior Court 23 Case No. CU-23-00987 Defendants. 24 Action Filed: April 25, 2023 Removal Filed: May 26, 2023 25

26 27 28 1 Plaintiff Michael McClain (“Plaintiff”) and Defendant Old Dominion Freight Line, Inc. 2 (“Defendant”), by and through their undersigned counsel, hereby stipulate as follows: 3 STIPULATION 4 A. WHEREAS, the Court issued an Initial Pretrial Scheduling Order in this matter 5 dated May 26, 2023 (ECF 2), which required all discovery to be completed no later than January 6 26, 2024; 7 B. WHEREAS, the Court modified the Initial Pretrial Scheduling Order in this matter 8 on December 29, 2023 (ECF 8) pursuant to the parties’ joint stipulation requesting an extension of 9 time to complete discovery by April 26, 2024; 10 C. WHEREAS, the Court further modified the Initial Pretrial Scheduling Order in this 11 matter on February 28, 2024 (ECF 12) pursuant to the parties’ joint stipulation requesting an 12 extension of time to complete discovery by August 23, 2024; 13 D. WHEREAS, under Federal Rule of Civil Procedure 16(b)(4), a pre-trial schedule 14 “may be modified only for good cause and with the judge’s consent.” Good cause requires a 15 showing of diligence. Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992); 16 E. WHEREAS, the parties have diligently and cooperatively participated in discovery, 17 including exchanging initial disclosures, propounding and responding to written discovery 18 requests, and exchanging documents; 19 F. WHEREAS, despite this diligent exchange of information in discovery, both parties 20 need more time to complete the depositions and discovery needed to adequately prepare the case 21 for trial or settlement; 22 G. WHEREAS, the parties currently have scheduled mediation for September 26, 23 2024, and therefore seek to amend the Initial Pretrial Scheduling Order to further extend the 24 deadline to complete discovery to December 26, 2024; 25 H. WHEREAS, other deadlines in the Initial Pretrial Scheduling Order track and are 26 calculated based on the deadline to complete discovery, the parties request that the amended 27 discovery cutoff deadline of December 26, 2024, will apply to those deadlines. 28 1 IT IS HEREBY STIPULATED: 2 1. The parties wish to amend the Initial Pretrial Scheduling Order to require that 3 discovery be completed no later than December 26, 2024. 4 2. All other dates in the Initial Pretrial Scheduling Order which are calculated based on 5 the deadline to complete discovery shall be calculated based on the discovery cutoff 6 deadline of December 26, 2024. 7 DATED: July 1, 2024 JUSTICE FOR WORKERS, P.C.

8

9 By: /s/ Michelle Avidisyans________________ Young K. Park 10 Michelle Avidisyans

11 Attorneys for Plaintiff MICHAEL MCCLAIN

12 13 DATED: July 1, 2024 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 14 15 By: /s/ Eric F Della Santa____________________ Anthony J. DeCristoforo 16 Eric F. Della Santa

17 Attorneys for Defendant OLD DOMINION FREIGHT LINE, INC. 18 (erroneously named as OLD DOMINION FREIGHT LINE) 19

20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 ORDER 2 The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: 3 IT IS HEREBY ORDERED that the May 26, 2023, Initial Pretrial Scheduling Order be 4 || modified to reflect that Discovery in this matter shall be completed no later than December 26, 2024, 5 || and that all other dates in the Initial Pretrial Scheduling Order which are calculated based on the 6 || deadline to complete discovery shall be calculated based on the discovery cutoff deadline of 7 || December 26, 2024. 8 All other dates and information in the May 26, 2023, Initial Pretrial Scheduling Order shall 9 || remain unchanged. 10 IT IS SO ORDERED. { /) M1 “ \/ the Dated: July 2, 2024 —_— ZA NN Troy L. Nunley> □ 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28