1 ZACHARY S. TOLSON, ESQUIRE - State Bar #242824 MARYSIA S. OKREGLAK, ESQUIRE - State Bar #199148 2 GOODMAN NEUMAN HAMILTON LLP 100 Bush Street, Suite 1800 3 San Francisco, California 94104 Telephone: (415) 705-0400 4 Facsimile: (415) 705-0411 5 Attorneys for Defendant HOME DEPOT U.S.A., INC. 6 GREYSON GOODY, ESQUIRE - State Bar #292527 7 JACOB ARMSTRONG, ESQUIRE - State Bar #339480 GOODY LAW GROUP, LLP 8 58 Malaga Cove Plaza Palos Verdes Estates, California 90274 9 Telephone: (310) 893-1963 Facsimile: (424) 427-6811 10 Attorneys for Plaintiff 11 KENNETH LEWIS
12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14
15 KENNETH LEWIS, Case No. 2:24-CV-00955-CKD
16 Plaintiff, STIPULATION TO MODIFY AND 17 vs. CLARIFY SCHEDULING ORDER; AND PROPOSED ORDER 18 HOME DEPOT, INC.; ET AL,
19 Defendants.
20 Judge: The Honorable Carolyn K. Delaney 21 22 Pursuant to Local Rule 143, Plaintiff KENNETH LEWIS and Defendant HOME 23 DEPOT U.S.A., INC. (collectively “the Parties”) hereby stipulate and request the Court 24 to order that the Pretrial Scheduling Order entered on February 24, 2025 (Doc. 22) be 25 modified by extending discovery deadlines and clarified to include expert disclosure 26 deadlines. The Parties have not requested any modification to or clarifications of the Goodman Neuman Hamilton LLP 27 Pretrial Scheduling Order previously. 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 “The district court is given broad discretion in supervising the pretrial phase of 2 litigation.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir 1992). 3 Rule 16(b) provides that “[a] schedule may be modified only for good cause and with the 4 judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified ‘if it cannot 5 reasonably be met despite the diligence of the party seeking the extension.’” Zivkovic v. 6 Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson, 7 supra, 975 F.2d at 607). 8 On February 24, 2025, the Court issued its Pretrial Scheduling Order setting the 9 following deadlines: 10 Completion of Non-Expert Discovery………………………….October 27, 2025 11 Completion of Expert Discovery……………………………….January 14, 2026 12 Completion of all law and motion 13 (other than discovery motions)………………………………..February 18, 2026 14 By this Stipulation the Parties agree that circumstances have arisen, and discovery 15 has been delayed through no fault of the parties to justify the continuance of the non- 16 expert discovery deadline by four (4) months. Furthermore, the Parties agree that 17 deadlines should be set for Rule 26 disclosure of experts, Rule 26 disclosure of rebuttal 18 experts, and extension of the completion of expert discovery by four (4) months to allow 19 for the completion of independent medical examinations to which the Parties have 20 stipulated as set forth more fully herein. 21 Grounds to Extend Deadlines for Completion of Non-Expert and Expert Discovery 22 The Parties hereby stipulate and agree to a short continuance of the non-expert 23 discovery deadline of October 27, 2025, and the completion of expert discovery deadline 24 of January 14, 2026, because additional discovery is necessary. The parties are 25 requesting to move the completion of discovery deadlines by four months due to the 26 discovery issues discussed below. The Parties timely served initial disclosures and Goodman Neuman Hamilton LLP 27 engaged in written discovery and produced documents, which resulted in issuance of 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 subpoenas to third party medical providers and employers. Subpoenas to third party 2 medical providers have been delayed and are anticipated to be produced in the next 30-60 3 days. The parties will meet and confer on dates for depositions of Home Depot 4 employees and “persons most knowledgeable”, which will be scheduled shortly. The 5 parties have worked amicably to resolve issues and meet and confer on discovery issues. 6 On August 12, 2025, Plaintiff was deposed. At that time, Plaintiff identified 7 employers and sources of income not identified in discovery or initial disclosures, which 8 will necessitate supplemental disclosures and subpoenas. Furthermore, he testified that 9 he continues to suffer from ongoing physical and mental complaints associated with his 10 claimed Traumatic Brain Injury and orthopedic injuries. As set forth in his responses to 11 written discovery, Plaintiff also intends to produce financial records of past income to 12 substantiate his lost income claim. 13 Both Parties agree that independent medical examinations are necessary, including 14 an orthopedic examination, neurological examination and neuropsychological 15 examination. Plaintiff’s counsel has agreed to produce Plaintiff for the examinations. 16 The parties will meet and confer to obtain dates for the examinations to occur in late 17 September or early to mid-October, which will allow Home Depot time to receive 18 outstanding medical and employment records, and allow the doctors sufficient time to 19 obtain and review medical records, conduct examinations and issue reports. 20 Based on the above, the Parties agree to and request a brief continuance of four (4) 21 months for the completion of non-expert discovery and expert discovery as follows: 22 Completion of Non-Expert Discovery…………………………February 27, 2026 23 Completion of Expert Discovery……………………………………May 14, 2026 24 /// 25 /// 26 /// Goodman Neuman Hamilton LLP 27 /// 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 Grounds to Clarify Order and Set Expert Disclosure Deadlines 2 In the Court’s February 24, 2025, Pretrial Scheduling Order, no trial date was set 3 by the Court. However, the Court did schedule a deadline to complete expert discovery. 4 With regard to expert disclosure deadlines, the Court advised the parties to comply with 5 Federal Rule of Civil Procedure 26(a)(2) for initial disclosure and Federal Rule of Civil 6 Procedure 26(a)(2) for rebuttal expert disclosure. An ambiguity has arisen in the 7 interpretation of this Court’s Scheduling Order. Federal Rule of Civil Procedure 8 26(a)(2)(D)(i) ties the deadline of disclosure of experts to the trial date (i.e., at least 90 9 days before the date set for trial). No trial date is set yet the Court has scheduled a date 10 for completion of expert discovery. Therefore, by this Stipulation, the parties would like 11 to clarify and modify the Court’s Pretrial Scheduling Order as follows: 12 Deadline for Plaintiff’s Rule 26(a)(2)(B) Disclosures……….. February 15, 2026 13 Deadline for Defendant’s Rule 26(a)(2)(B) Disclosures………March 1, 2026 14 Deadline for Rebuttal Expert Disclosures…………………..…April 1, 2026 15 Expert Discovery Cutoff……………………………………… May 14, 2026 16 The delays set forth above, through no fault of counsel or the parties, necessitate a 17 short continuance of expert discovery and discovery cut-off dates. Given the current 18 discovery deadlines as indicated above, the time remaining is insufficient for medical and 19 employment records to be subpoenaed and received, for the examinations to occur and 20 for the doctors to review records and issue their reports. To ensure a fair and efficient 21 pretrial process, the parties have conferred and agreed to modify the scheduling order to 22 allow additional time for discovery.
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1 ZACHARY S. TOLSON, ESQUIRE - State Bar #242824 MARYSIA S. OKREGLAK, ESQUIRE - State Bar #199148 2 GOODMAN NEUMAN HAMILTON LLP 100 Bush Street, Suite 1800 3 San Francisco, California 94104 Telephone: (415) 705-0400 4 Facsimile: (415) 705-0411 5 Attorneys for Defendant HOME DEPOT U.S.A., INC. 6 GREYSON GOODY, ESQUIRE - State Bar #292527 7 JACOB ARMSTRONG, ESQUIRE - State Bar #339480 GOODY LAW GROUP, LLP 8 58 Malaga Cove Plaza Palos Verdes Estates, California 90274 9 Telephone: (310) 893-1963 Facsimile: (424) 427-6811 10 Attorneys for Plaintiff 11 KENNETH LEWIS
12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14
15 KENNETH LEWIS, Case No. 2:24-CV-00955-CKD
16 Plaintiff, STIPULATION TO MODIFY AND 17 vs. CLARIFY SCHEDULING ORDER; AND PROPOSED ORDER 18 HOME DEPOT, INC.; ET AL,
19 Defendants.
20 Judge: The Honorable Carolyn K. Delaney 21 22 Pursuant to Local Rule 143, Plaintiff KENNETH LEWIS and Defendant HOME 23 DEPOT U.S.A., INC. (collectively “the Parties”) hereby stipulate and request the Court 24 to order that the Pretrial Scheduling Order entered on February 24, 2025 (Doc. 22) be 25 modified by extending discovery deadlines and clarified to include expert disclosure 26 deadlines. The Parties have not requested any modification to or clarifications of the Goodman Neuman Hamilton LLP 27 Pretrial Scheduling Order previously. 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 “The district court is given broad discretion in supervising the pretrial phase of 2 litigation.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir 1992). 3 Rule 16(b) provides that “[a] schedule may be modified only for good cause and with the 4 judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified ‘if it cannot 5 reasonably be met despite the diligence of the party seeking the extension.’” Zivkovic v. 6 Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson, 7 supra, 975 F.2d at 607). 8 On February 24, 2025, the Court issued its Pretrial Scheduling Order setting the 9 following deadlines: 10 Completion of Non-Expert Discovery………………………….October 27, 2025 11 Completion of Expert Discovery……………………………….January 14, 2026 12 Completion of all law and motion 13 (other than discovery motions)………………………………..February 18, 2026 14 By this Stipulation the Parties agree that circumstances have arisen, and discovery 15 has been delayed through no fault of the parties to justify the continuance of the non- 16 expert discovery deadline by four (4) months. Furthermore, the Parties agree that 17 deadlines should be set for Rule 26 disclosure of experts, Rule 26 disclosure of rebuttal 18 experts, and extension of the completion of expert discovery by four (4) months to allow 19 for the completion of independent medical examinations to which the Parties have 20 stipulated as set forth more fully herein. 21 Grounds to Extend Deadlines for Completion of Non-Expert and Expert Discovery 22 The Parties hereby stipulate and agree to a short continuance of the non-expert 23 discovery deadline of October 27, 2025, and the completion of expert discovery deadline 24 of January 14, 2026, because additional discovery is necessary. The parties are 25 requesting to move the completion of discovery deadlines by four months due to the 26 discovery issues discussed below. The Parties timely served initial disclosures and Goodman Neuman Hamilton LLP 27 engaged in written discovery and produced documents, which resulted in issuance of 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 subpoenas to third party medical providers and employers. Subpoenas to third party 2 medical providers have been delayed and are anticipated to be produced in the next 30-60 3 days. The parties will meet and confer on dates for depositions of Home Depot 4 employees and “persons most knowledgeable”, which will be scheduled shortly. The 5 parties have worked amicably to resolve issues and meet and confer on discovery issues. 6 On August 12, 2025, Plaintiff was deposed. At that time, Plaintiff identified 7 employers and sources of income not identified in discovery or initial disclosures, which 8 will necessitate supplemental disclosures and subpoenas. Furthermore, he testified that 9 he continues to suffer from ongoing physical and mental complaints associated with his 10 claimed Traumatic Brain Injury and orthopedic injuries. As set forth in his responses to 11 written discovery, Plaintiff also intends to produce financial records of past income to 12 substantiate his lost income claim. 13 Both Parties agree that independent medical examinations are necessary, including 14 an orthopedic examination, neurological examination and neuropsychological 15 examination. Plaintiff’s counsel has agreed to produce Plaintiff for the examinations. 16 The parties will meet and confer to obtain dates for the examinations to occur in late 17 September or early to mid-October, which will allow Home Depot time to receive 18 outstanding medical and employment records, and allow the doctors sufficient time to 19 obtain and review medical records, conduct examinations and issue reports. 20 Based on the above, the Parties agree to and request a brief continuance of four (4) 21 months for the completion of non-expert discovery and expert discovery as follows: 22 Completion of Non-Expert Discovery…………………………February 27, 2026 23 Completion of Expert Discovery……………………………………May 14, 2026 24 /// 25 /// 26 /// Goodman Neuman Hamilton LLP 27 /// 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 Grounds to Clarify Order and Set Expert Disclosure Deadlines 2 In the Court’s February 24, 2025, Pretrial Scheduling Order, no trial date was set 3 by the Court. However, the Court did schedule a deadline to complete expert discovery. 4 With regard to expert disclosure deadlines, the Court advised the parties to comply with 5 Federal Rule of Civil Procedure 26(a)(2) for initial disclosure and Federal Rule of Civil 6 Procedure 26(a)(2) for rebuttal expert disclosure. An ambiguity has arisen in the 7 interpretation of this Court’s Scheduling Order. Federal Rule of Civil Procedure 8 26(a)(2)(D)(i) ties the deadline of disclosure of experts to the trial date (i.e., at least 90 9 days before the date set for trial). No trial date is set yet the Court has scheduled a date 10 for completion of expert discovery. Therefore, by this Stipulation, the parties would like 11 to clarify and modify the Court’s Pretrial Scheduling Order as follows: 12 Deadline for Plaintiff’s Rule 26(a)(2)(B) Disclosures……….. February 15, 2026 13 Deadline for Defendant’s Rule 26(a)(2)(B) Disclosures………March 1, 2026 14 Deadline for Rebuttal Expert Disclosures…………………..…April 1, 2026 15 Expert Discovery Cutoff……………………………………… May 14, 2026 16 The delays set forth above, through no fault of counsel or the parties, necessitate a 17 short continuance of expert discovery and discovery cut-off dates. Given the current 18 discovery deadlines as indicated above, the time remaining is insufficient for medical and 19 employment records to be subpoenaed and received, for the examinations to occur and 20 for the doctors to review records and issue their reports. To ensure a fair and efficient 21 pretrial process, the parties have conferred and agreed to modify the scheduling order to 22 allow additional time for discovery. This extension will facilitate the completion of 23 discovery and promote the interests of justice. 24 /// 25 /// 26 /// Goodman Neuman Hamilton LLP 27 /// 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 Wherefore the Parties stipulate to the following amended discovery deadlines and 2 setting expert disclosure deadlines prior to close of expert discovery: 3 Deadline for Plaintiff’s Rule 26(a)(2)(B) Disclosures………......February 15, 2026 4 Completion of Non-Expert Discovery…………………………..February 27, 2026 5 Deadline for Defendant’s Rule 26(a)(2)(B) Disclosures……………March 1, 2026 6 Deadline for Rebuttal Expert Disclosures……………….………..….April 1, 2026 7 Completion of Expert Discovery……………………………………May 14, 2026 8 9 DATED: August 26, 2025 GOODMAN NEUMAN HAMILTON LLP 10 11 By: /s/ Marysia Okreglak ZACHARY S. TOLSON 12 MARYSIA S. OKREGLAK Attorneys for Defendant 13 HOME DEPOT U.S.A., INC.
15 DATED: August 26, 2025 GOODY LAW GROUP, LLC 16 17 By: /s/ Greyson Goody GREYSON GOODY 18 JACOB ARMSTRONG Attorneys for Plaintiff 19 KENNETH LEWIS 20 21 22 23 24 25 26 Goodman Neuman Hamilton LLP 27 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel.: (415) 705-0400 1 ORDER (MODIFIED) 2 The Court has reviewed the Stipulation of the parties above to Modify the Pretrial 3 || Scheduling Order. Pursuant to the parties’ Joint Stipulation and good cause appearing, 4 || the Pretrial Scheduling Oder in this matter (Doc. 22) is amended as follows: 5 Deadline for Plaintiff's Rule 26(a)(2)(B) Disclosures............... February 15, 2026 6 Completion of Non-Expert □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ February 27, 2026 7 Deadline for Defendant’s Rule 26(a)(2)(B) Disclosures...............March 1, 2026 8 Deadline for Rebuttal Expert □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ April 1, 2026 9 Completion of Expert □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ esse eeeeeeeesteees May 14, 2026 10 Completion of all law and motion 11 (other than discovery □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 18, 2026 12 13 14] IT ISSO ORDERED. tS Dated: August 26, 2025 Candp- HI» CAROLYN K. DELANEY 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26
CA 94104