Ireland v. Flowserve Corp.

Opinion

1 JKaenveilnle P J.. LSeaeh o(Sutraiate ( SBtaart eN Boa. r2 9N6o3. 4235)3 699) 2 JACKSON LEWIS P.C. 50 California Street, 9th Floor 3 San Francisco, California 94111-4615 Telephone: (415) 394-9400 4 Facsimile: (415) 394-9401 E-mail: Janelle.Sahouria@jacksonlewis.com 5 E-mail: Kevin.Lee@jacksonlewis.com

6 Attorneys for Defendants FLOWSERVE CORP. and 7 FLOWSERVE US INC. 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT 10 11 JOHN IRELAND, Case No. 2:24-CV-01663-DJC-JDP 12 Plaintiff, 13 STIPULATION AND ORDER TO v. EXTEND DISCOVERY SCHEDULING 14 ORDER DEADLINES FLOWSERVE CORP, FLOWSERVE US 15 INC. and Does 1 to 10, (SECOND REQUEST)

16 Defendants. Complaint Filed: 04/03/2024 17 Trial Date: 06/01/2026 18 Plaintiff John Ireland (“Plaintiff”), by and through his counsel of record and Defendants 19 Flowserve Corporation and Flowserve US, Inc. (“Defendants”), by and through their counsel of 20 record, hereby stipulate and agree to extend the discovery deadlines as set forth below. This is the 21 parties’ second request for an extension of the discovery deadline. 22 1. Discovery Completed to Date 23 To date, the parties have completed their FRCP 26(f) conference and have made exchanged 24 initial disclosures pursuant FRCP 26(a)(1). The parties have also conducted depositions of key 25 witnesses, including Plaintiff. 26 2. Discovery Which Still Needs to Occur 27 The parties have exchanged written discovery, but there remains additional discovery to be 28 1 the reduction in force and Plaintiff’s inclusion in the reduction in force and termination. Defendant 2 has also taken Plaintiff’s deposition, but Defendant has not yet completed Plaintiff’s deposition as 3 Plaintiff has represented he has not completed a full investigation and search for responsive 4 documents pertaining to his claimed damages. The parties have been diligently attempting to 5 resolve and have agreed to engage in mediation with mediator Mark LeHocky. The parties are 6 conferring on dates for an October mediation. 7 3. Proposed Schedule for Completing Remaining Discovery 8 The parties propose extending the following deadlines to complete discovery: 9 - Initial Expert Disclosures: November 7, 2025 10 - Rebuttal Expert Disclosures: November 21, 2025 11 - Expert Discovery Deadline: February 1, 2026 12 - Dispositive Motion Deadline: January 9, 2026 13 - Hearing on Dispositive Motions: February 19, 2026, at 1:30 PM 14 Trial is currently scheduled for June 1, 2026. 15 4. Good Cause Supports the Request to Extend the Deadline as Set Forth Herein 16 When a stipulation requires the modification of the scheduling order, the parties must first 17 satisfy the “good cause” standard established by Rule 16(b). See Johnson v. Mammoth 18 Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992); see also Fed. R. Civ. P. 16(b)(4) (“A schedule 19 may be modified only for good cause and with the judge’s consent”). The good cause inquiry is 20 focused on the movant’s reasons for seeking to modify the scheduling order and primarily 21 considers the movant’s diligence. In re W. States Wholesale Nat. Gas Antitrust Litig., 715 F.3d 22 716, 737 (9th Cir. 2013). The key determination is whether the subject deadline “cannot reasonably 23 be met despite the diligence of the party seeking the extension.” Johnson, 975 F.2d at 609. 24 Good cause supports the parties’ request to extend the Fact Discovery deadline. The parties 25 have been diligent in pursuing discovery since the case’s removal to federal court, including 26 holding their FRCP 26(f) conference, exchanging initial disclosures, and exchanging initial written 27 discovery. However, the parties require additional time to engage in mediation and, if mediation 28 1 By entering into this Stipulation, the Parties are not waiving any rights or objections they 2 may have regarding any other party’s anticipated or actual discovery activities or conceding that 3 any such discovery is proper or necessary. Nonetheless, they are entering into this stipulation in 4 good faith and will address any disputes in the ordinary course. 5 The Parties hereby stipulate to the aforementioned. 6 7 Dated: August 29, 2025 HENRY LACEY 8 By /s/ Stephen Henry 9 STEPHEN F. HENRY Attorney for Plaintiff 10

12 13 Dated: August 29, 2025 JACKSON LEWIS P.C. 14 By: /s/ Kevin P. Lee Janelle J. Sahouria 15 Kevin P. Lee JACKSON LEWIS P.C. 16 Attorneys for Defendants FLOWSERVE CORP. and FLOWSERVE US INC. 17

18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 IT IS SO ORDERED: 3

4 Dated: August 29, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 5 UNITED STATES DISTRICT JUDGE 6

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