1 Jesse R. Fretwell, SBN 272058

FREEDMAN LAW

2 3705 W. Beechwood Avenue Fresno, California 93711 3 Telephone No.: (559) 447-9000 Facsimile No.: (559) 447-9100 4 Electronic Mail: eService@freedmanlaw.com

5 Attorneys for Plaintiffs RUSSELL SWEEDEN and THERESA DUNN 6

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8 UNITED STATE DISTRICT COURT

9 EASTERN DISTRICT OF CALFORNIA

10 RUSSELL SWEEDEN; THERESA DUNN, Case No.: 1:23-cv-01134-BAM

11 Plaintiffs, PARTIES’ STIPULATION TO

CONTINUE DATES FOR

12 v. DESIGNATION OF EXPERTS; [PROPOSED] ORDER 13 SANDY LOGISTICS, INC.; SANDY LOGISTICS, LLC; HANNAH FRANK ATA; Pre-Trial Conference: July 16, 2025 14 and DOES 1 to 30, Inclusive Jury Trial: September 15, 2025

15 Defendants.

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17 18 19 This stipulation to extend current expert disclosure and discovery deadlines is made by 20 and between counsel for Plaintiffs Russell Sweeden and Theresa Dunn and counsel for 21 Defendants Sandy Logistics, Inc. and Hannah Frank Ata. 22 RECITALS 23 The parties agree that to facilitate and complete full discovery in this case, the expert 24 disclosure and expert discovery deadlines currently set by the Court’s Pre-Trial Scheduling Order 25 (ECF Document No. 18) should be extended. Such extension will have no effect on the jury trial 26 date in this case. 27 WHEREAS a mediation is currently scheduled for November 20, 2024 at 8:30 a.m. before 28 mediator Robert N. Dobbins. The parties find it in their mutual best interest or are otherwise - 1 - 1 agreeable to modify the dates for various tasks to be accomplished and wish to modify those dates 2 to accommodate scheduling. 3 STIPULATION 4 THEREFORE, the parties do hereby stipulate and propose the following extended dates, 5 by and through their counsel as follows: 6 1. The original Expert Disclosure was November 15, 2024. The parties agree to 7 disclose experts on December 4, 2024. 8 2. The original Supplemental Expert Disclosure was December 18, 2024. The parties 9 agree to extend the date for Supplemental Expert Disclosure to January 7, 2025. 10 3. The original Expert Discovery Cutoff was January 31, 2025. The parties agree to 11 extend the date for Expert Discovery Cutoff to February 14, 2025. 12 4. The parties agree that per the Scheduling Order, that the Pretrial Conference 13 remain set on July 16, 2025 at 9:00 a.m. and that the Jury Trial remain set on September 15, 2025 14 at 8:30 a.m. in Courtroom 8. 15 Dated: November 15, 2024 FREEDMAN LAW 16 /s/ Jesse R. Fretwell 17 By: ______________________________ Jesse R. Fretwell, Esq. 18 Attorneys for Plaintiffs 19 RUSSELL SWEEDEN and THERESA DUNN 20

21 Dated: November 15, 2024 HAIGHT BROWN & BONESTEEL, LLP 22 /s/ Helen H. Lee 23 By: ______________________________ Helen H. Lee, Esq. 24 Attorneys for Defendants

SANDY LOGISTICS, LLC

25 and HANNAH FRANK ATA 26 27 28 - 2 -

PROOF OF SERVICE

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2 SWEEDEN, Rusell, et al. v. Sandy Logistics, Inc., et al. United States District Court Case No.: Case No.: 1:23-cv-01134-BAM 3 I am a resident of the State of California, over the age of eighteen years, and not a party 4 to the within action. My business address is 3705 W. Beechwood Avenue, Fresno, California, 93711. 5

6 On November 15, 2024, I served the within documents:

7 PARTIES’ STIPULATION TO CONTINUE DATES FOR 8 DESIGNATION OF EXPERTS; [PROPOSED] ORDER

9 BY FACSIMILE: pursuant to California Code of Civil Procedure section 1013 and ☐ California Rules of Court 2001 through 2009. 10 BY HAND: by personally delivering the document(s) listed above to the person(s) at the ☐ 11 address(es) set forth below. BY MAIL: by placing the document(s) listed above in a sealed envelope with postage 12 ☐ thereon fully prepaid, in the United States mail at Fresno, California addressed as set forth below. 13 BY OVERNIGHT MAIL: by causing document(s) to be picked up by an overnight ☐ delivery service company for delivery to the address(es) on the next business day. 14 BY PERSONAL DELIVERY: by causing personal delivery by ____________ of the ☐ 15 document(s) listed above to the person(s) at the address(es) set forth below BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s) 16 ☒ with the Clerk of the Court by using the CM/ECF system. Participants in the case are registered 17 CM/ECF users and will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the Court rules. 18

SEE SERVICE LIST

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20 I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 21 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter 22 date is more than one day after date of deposit for mailing in affidavit. 23 XX [State] I declare under penalty of perjury under the laws of the United States of America that 24 the above is true and correct.

25 Executed on November 15, 2024, at Fresno, California. 26 /s/ Grace Montelongo 27 _______________________________ Grace Montelongo 28 - 3 -

SERVICE LIST

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2 Krsto Mijanovic, Esq. Helen H. Lee, Esq. 3 HAIGHT BROWN & BONESTEEL, LLP 555 South Flower Street, 45th Floor 4 Los Angeles, California 90071 5 Telephone No.: (213) 542-8000 Facsimile No.: (213) 542-8100 6 Email service list: kmijanovic@hbblaw.com; hlee@hbblaw.com; ymartinez@hbblaw.com; edocs@hbblaw.com 7 Attorneys for Defendants 8 SANDY LOGISTICS, LLC and HANNAH FRANK ATA

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28 - 4 - 1 ORDER 2 On November 15, 2024, the parties filed the instant stipulation requesting a modification 3 of the Scheduling Order. The parties note that a mediation is scheduled for November 20, 2024, 4 but do not discuss good cause for amendment of the scheduling order. See Gerawan Farming, 5 Inc. v. Rehrig Pac. Co., No. 1:11-CV-01273-LJO, 2013 WL 645741, at *5 (E.D. Cal. Feb. 21, 6 2013) (“…settlement negotiations are not good cause to modify a Scheduling Order… 7 Settlement discussions, in and of themselves, are not good cause.”); Eckert v. City of 8 Sacramento, No. 2:0-7C-V00825 GEB GGH, 2009 WL 3211278, at *2 (E.D. Cal. Sept. 30, 9 2009) (“Moreover, ongoing settlement negotiations do not constitute good cause justifying 10 modification of the pretrial scheduling order in this case.”); Lehman Bros. Holdings v. Golden 11 Empire Mortg., Inc., No. 1:09-CV-01018LJO JLT, 2010 WL 2679907, at *2 (E.D. Cal. July 2, 12 2010) (noting that “settlement discussions generally are not an “unanticipated” development…” 13 and therefore the parties’ ongoing settlement discussions “did not constitute good cause to 14 modify the Scheduling Order.”). 15 Nevertheless, in the interest of justice and given the limited extensions of time 16 requested, the parties’ request is GRANTED. Accordingly, the scheduling order is modified as 17 follows: Expert Disclosure is extended from November 15, 2024 to December 4, 2024; 18 Supplemental Expert Disclosure is extended from December 18, 2024 to January 7, 2025; 19 Expert Discovery Cutoff is extended from January 31, 2025 to February 14, 2025. The Pretrial 20 Motion Filing Deadline remains March 14, 2025; Pretrial Conference remains set for July 16, 21 2025 at 9:00 a.m. in Courtroom 8 (BAM); and Jury Trial remains set for September 15, 2025 at 22 8:30 a.m. in Courtroom 8 (BAM). The Court will not grant further continuances, absent good 23 cause, which will be narrowly construed.

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IT IS SO ORDERED.

25 Dated: November 18, 2024 /s/ Barbara A. McAuliffe _ 26

UNITED STATES MAGISTRATE JUDGE

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