Johnson v. Sharkninja Operating, LLC ( 2024 )

1 Ross Bozarth, SBN 179171 GUENARD & BOZARTH, LLP 2 8830 Elk Grove Blvd. 3 Elk Grove, CA 95624 Telephone: (916) 714-7672 4 Facsimile: (916) 714-9031 5 Roger S. Davidheiser, WSBA #18638 PHV FRIEDMAN RUBIN PLLP 6 1109 First Ave., Ste. 501 7 Seattle, WA 98101 Telephone: (206) 501-4446 8 Facsimile: (206) 623-0794 9 Attorneys for Plaintiff 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 JASON JOHNSON, ) Case No. 2:22-cv-01452-KJM SCR 13 ) Plaintiff, ) 14 ) STIPULATION AND ORDER TO AMEND vs. ) THE AUGUST 27, 2024, MINUTE ORDER 15 ) SCHEDULING DATES FOR MOTION FOR SHARKNINJA OPERATING LLC, and DOES SUMMARY JUDGMENT AND MOTION TO ) 16 1 to 100 INCLUSIVE, ) E HX EC AL RU IND GE EXPERT WITNESSES 17 Defendants. ) ) 18 19 Plaintiff Jason Johnson (“Plaintiff”) and Defendant SharkNinja Operating LLC 20 (“SharkNinja”) (jointly “parties”) hereby file their Stipulation to Amend the August 27, 2024, 21 Minute Order (Docket Number 34) to continue the Dispositive Motion Deadline and date to hear 22 Defendant’s Motion to Exclude Expert Witnesses to November 22, 2024. 23 A. The Nature of the Case and the Claims. 24 On September 12, 2020, Plaintiff was using a SharkNinja pressure cooker. Plaintiff alleges 25 that the pressure cooker's lid unexpectedly and suddenly blew off the pot in an explosive manner. 26 Plaintiff further alleges that the contents of the pressure cooker were forcefully ejected out of the pot 27 and onto Plaintiff, causing severe, disfiguring burns to his arms, chest and stomach. 28 1 Plaintiff asserts claims for Strict Products Liability and Negligence. Plaintiff is seeking 2 damages for: (1) past medical expenses; (2) past and future physical pain and suffering; (3) past and 3 future mental pain and suffering; (4) lost wages; (5) loss of full enjoyment permanent injuries; (6) 4 physical impairment; (7) loss of enjoyment of life; and (8) punitive damages. 5 On August 22, 2024, Defendant filed its Motion for Summary Judgment and Motion to 6 Exclude Expert Witnesses with a Note Date of September 26, 2024. (Docket 29 and 30) On that 7 same day, the Court Ordered that the case be reassigned and that all due dates and hearings were 8 vacated. (Docket Number 32) On August 26, 2024, the case was reassigned to Judge Mueller. 9 (Docket Number 33) On August 27, 2024, the court reset the Dispositive Motions and Motion to 10 Exclude Expert witnesses hearing to October 4, 2024, and a briefing schedule pursuant to Local Rule 11 230. (Docket Number 34) 12 The parties have conferred and in light of scheduling issues jointly propose the below 13 changes to the Court’s Minute Orders outlined above. 14 B. Requested Changes to the Court’s Minute Order of August 27, 2024 15 The Parties request the following changes to the Court’s Minute Order of August 27, 2024 16 (Docket Number 34): 17 Event Current Date Requested Date Dispositive Motion 18 October 4, 2024 November 22, 2024 Deadline/Hearing on Motion 19 for Summary Judgment and Motion to Exclude Expert 20 Witnesses Response to Motion for 21 October 18, 2024 Summary Judgment and 22 Motion to Exclude Expert Witnesses 23 Reply to Motion for Summary November 8, 2024 Judgment and Motion to 24 Exclude Expert Witnesses 25 C. Good Cause for the Requested Changes 26 The Parties jointly bring before the Court this Stipulation for their fourth request for 27 continuance. This request for an extension will allow the Parties to accommodate their schedules 1 and provide additional time to prepare their respective response and reply to the previously-filed 2 Motion for Summary Judgment and Motion to Exclude Expert Witnesses. 3 Under Fed. R. Civ. P 16(b)(4), “[a] schedule may be modified only for good cause and with 4 the judge’s consent.” “Good cause” is a non-rigorous standard that has been construed broadly 5 across procedural and statutory contexts. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 6 (9th Cir. 2010). The good cause standard focuses on the diligence of the party seeking to amend the 7 scheduling order and the reasons for seeking modification. Johnson v. Mammoth Recreations, Inc., 8 975 F.2d 604, 609 (9th Cir. 1992). “[T]he court may modify the schedule on a showing of good 9 cause if it cannot reasonably be met despite the diligence of the party seeking the extension.” Fed. R. 10 Civ. P. 16, advisory committee’s notes to 1983 amendment. Therefore, “a party demonstrates good 11 cause by acting diligently to meet the original deadlines set forth by the court.” Merck v. Swift 12 Transportation Co., No. CV-16-01103-PHX-ROS, 2018 WL 4492362, at *2 (D. Ariz. Sept. 19, 13 2018). 14 Good cause exists for a continuance of the deadline for hearing of the Defendant’s Motions 15 for Summary Judgment and to Exclude Expert Witnesses. The Parties have been diligent and have 16 worked collegially in this matter. The parties met and conferred to discuss the need for the 17 continuance, and all agreed it was necessary. 18 19 DATED September 4, 2024. Respectfully Submitted 20 GUENARD & BOZARTH, LLP 21 22 By: s/Ross Bozarth 23 Ross Bozarth, CA Bar #179171 24 DATED September 4, 2024. FRIEDMAN | RUBIN, PLLP 25 By: s/Roger S. Davidheiser 26 Roger S. Davidheiser, WA Bar #18638 PHV 27 Attorneys for Plaintiff 1 2 3 DATED September 4, 2024. Respectfully Submitted 4 SHOOK, HARDY & BACON L.L.P. 5 By: /s/ Abigail Hudson 6 Abigail Hudson, CA Bar #327632 Michael Cappo, MO Bar #65823 Pro Hac Vice 7 Attorneys for Defendant SharkNinja Operating LLC 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER > The parties’ stipulated request to extend time is GRANTED. The Dispositive Motion 3, || deadline and Motion to Exclude Expert Witnesses is hereby extended from October 4, 2024, to 4 || November 22, 2024. 5 It is further ordered that the deadlines for response and reply to the previously filed Motion 6 for Summary Judgment and Motion to Exclude Expert Witnesses are extended to October 18, 2024, and November 8, 2024, respectively. IT IS SO ORDERED. 10 DATED: September 6, 2024. 11 12 CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 CERTIFICATE OF SERVICE 4 I certify that on this day, a copy of the foregoing document was served on the following individuals via the manner indicated below: 5 Abigail Hudson, CA Bar No. 327632 6 Shook, Hardy & Bacon LLP ☐ Messenger 2121 Avenue of the Stars, Suite 1400 ☐ US Mail, postage prepaid 7 Los Angeles, CA 90067 ☒ Email ahudson@shb.com ☒ USDC EDC E-Filing Portal 8 Attorney for Defendant 9 Michael Cappo, MO Bar No. 65823 PHV Shook, Hardy & Bacon LLP ☐ Messenger 10 2555 Grand Blvd. ☐ US Mail, postage prepaid Kansas City, MO 64108 ☒ Email 11 mcappo@shb.com ☒ USDC EDC E-Filing Portal Attorney for Defendant 12 13 I certify under penalty of perjury under the laws of the state of Washington, that the 14 foregoing is true and correct. 15 Dated September 4, 2024. 16 s/Trish Bashaw Trish Bashaw, Paralegal 17 FRIEDMAN | RUBIN, PLLP 18 19 20 21 22 23 24 25 26 27