CI: fix flaky tests
- [ ] closes #xxxx
- [ ] tests added / passed
- [ ] Ensure all linting tests pass, see [here](https://pandas.pydata.org/pandas-docs/dev/development/contributing.html#code-standards) for how to run them
- [ ] whatsnew entry

thanks for identifying and fixing the zip issue, I had created an issue for it #39286. Unfortunately, `ZipFile` has unlike `GZipFile` no `mtime` argument.