Filed: May 15, 2019
Latest Update: May 15, 2019
Summary: STIPULATION AND ORDER CONTINUING EXPERT DISCOVERY DEADLINE AND VACATING SETTLEMENT CONFERENCE (Doc. 19) SHEILA K. OBERTO , Magistrate Judge . Plaintiff, Kathleen Burghardt-Cobb, and Defendant, Hugh J. Hurwitz, 1 Acting Director of the Federal Bureau of Prisons, through their undersigned attorneys, hereby stipulate and request that the Court order that the expert discovery cutoff ( see Scheduling Order, Doc. 15, at p. 3) be continued from May 31, 2019, to July 15, 2019. The parties also r
Summary: STIPULATION AND ORDER CONTINUING EXPERT DISCOVERY DEADLINE AND VACATING SETTLEMENT CONFERENCE (Doc. 19) SHEILA K. OBERTO , Magistrate Judge . Plaintiff, Kathleen Burghardt-Cobb, and Defendant, Hugh J. Hurwitz, 1 Acting Director of the Federal Bureau of Prisons, through their undersigned attorneys, hereby stipulate and request that the Court order that the expert discovery cutoff ( see Scheduling Order, Doc. 15, at p. 3) be continued from May 31, 2019, to July 15, 2019. The parties also re..
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STIPULATION AND ORDER CONTINUING EXPERT DISCOVERY DEADLINE AND VACATING SETTLEMENT CONFERENCE
(Doc. 19)
SHEILA K. OBERTO, Magistrate Judge.
Plaintiff, Kathleen Burghardt-Cobb, and Defendant, Hugh J. Hurwitz,1 Acting Director of the Federal Bureau of Prisons, through their undersigned attorneys, hereby stipulate and request that the Court order that the expert discovery cutoff (see Scheduling Order, Doc. 15, at p. 3) be continued from May 31, 2019, to July 15, 2019. The parties also request that the judicial settlement conference currently set for June 20, 2019 (see April 1, 2019 Order, Doc. 16, at p. 1) be rescheduled to a date available on the Court's calendar in late August or September 2019.
Good cause exists for this proposed modification of the case schedule because the current May 31, 2019 expert discovery deadline has been rendered impracticable by recent scheduling issues impacting plaintiff's counsel's availability. Specifically, plaintiff's counsel has advised that a criminal trial proceeding in which he is lead defense counsel, People of the State of California v. Joshua Stepp, Tulare County Case No. VCF273216A, was supposed to have commenced on May 6, 2019 but has been rescheduled for May 28, 2019, the same week the parties had tentatively set aside for doing expert depositions. Plaintiff's counsel has further advised that the Stepp trial involves the charge of special circumstances homicide and is estimated for 12-15 court days,
The requested new deadline of July 15, 2019 would enable the parties to complete expert discovery after the conclusion of the Stepp trial. The requested rescheduling of the judicial settlement conference would permit the parties to have completed expert discovery and perhaps also to have obtained rulings on dispositive motions beforehand.
The parties therefore jointly propose that the expert discovery cutoff be extended to July 15, 2019, and that the judicial settlement conference be rescheduled for an available date in late August or September 2019.
No other deadlines set in the Scheduling Order will be affected by this proposed modification.
Respectfully submitted,
Dated: May 14, 2019. LAW OFFICES OF KEVIN G. LITTLE
/s/ Kevin G. Little
KEVIN G. LITTLE
Attorneys for Plaintiff
Dated: May 14, 2019. McGREGOR W. SCOTT
United States Attorney
/s/ Benjamin E. Hall
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorney for Defendant
ORDER
Based in part on the parties' above-stipulation (Doc. 19), and with good cause shown, the Court hereby ORDERS that case schedule (Doc. 15) is modified as follows:2
Event Prior Date Continued Date
Expert Discovery Completion May 31, 2019 July 15, 2019
Non-Dispositive Motion Filing June 3, 2019 July 17, 2019
Non-Dispositive Motion Hearing July 3, 2019 August 14, 2019
Dispositive Motion Filing June 3, 2019 July 17, 2019
Dispositive Motion Hearing July 16, 2019 September 3, 2019
Settlement Conference June 20, 2019, at 10:00 Vacated; Telephonic
a.m. before Magistrate conference to discuss re-setting
Judge Sheila K. Oberto Settlement
Conference set for June
20, 2019, at 10:00 a.m.3
Pretrial Conference September 30, 2019, at November 18, 2019, at
1:30 pm 1:30 pm
Trial December 3, 2019, at January 14, 2020, at 8:30
1:00 p.m. a.m.
IT IS SO ORDERED.
