McClain v. Old Dominion Freight Line, Inc.

1 JUSTICE FOR WORKERS, P.C.

Young K. Park SB# 287589 E-Mail: [email protected] Michelle Avidisyans SB# 348652 E-Mail: [email protected] 3600 Wilshire Boulevard, Suite 1815 Los Angeles, CA 90010 Tel: 323-922-2000 Fax: 323-922-2000 Attorneys for Plaintiff, MICHAEL MCCLAIN OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

ANTHONY J. DECRISTOFORO, SBN 166171 [email protected] JAMIE U. CHENG, SBN 346543 [email protected] 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), which required all discovery to be completed no later than January 26, 2024; 6 B. WHEREAS, the Court modified the Initial Pretrial Scheduling Order in this matter on December 20, 2023 (ECF 8) pursuant to the parties’ joint stipulation requesting an extension of time to complete discovery by April 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 still 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 Initial Pretrial Scheduling Order to further extend the deadline to complete discovery to July 26, 2024.

19 F. WHEREAS, other deadlines in the Initial Pretrial Scheduling Order track and are calculated based on the deadline to complete discovery, the parties request that the amended discovery cutoff deadline of July 26, 2024, will apply to those deadlines.

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

25 2. All other dates in the Initial Pretrial Scheduling Order which are calculated based on 26 the deadline to complete discovery shall be calculated based on the discovery cutoff 27 deadline of August 23, 2024.

DATED: February 27, 2024 MARLIS PARK, P.C.

By: /s/ Young K. Park 4 Young K. Park Michelle Avidisyans Attorneys for Plaintiff MICHAEL MCCLAIN g || DATED: February 27, 2024 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

10 By: /s/ Anthony J. DeCristoforo Anthony J. DeCristoforo 1 Jamie U. Cheng 12 Attorneys for Defendant 13 OLD DOMINION FREIGHT LINE, INC. ORDER The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that the Initial Pretrial Scheduling Order be modified to reflect that discovery in this matter shall be completed no later than August 23, 2024. All other dates in the Initial Pretrial Scheduling Order which are calculated based on the deadline to complete discovery shall be calculated based on the discovery cutoff deadline of August 23, 2024.

23 /) IT IS SO ORDERED. () jf / 24 \ / DATED; February 27, 2024 “ Mock 25 ao Wr NZ Troy L. Nunley } 26 United States District Judge 2 Cace Na 9:92 puLNN007_TT □□□□