Filed: Jul. 24, 2019
Latest Update: Jul. 24, 2019
Summary: STIPULATION AND [Proposed] ORDER TO MODIFY SCHEDULING (Doc. 39) JENNIFER L. THURSTON , Magistrate Judge . The parties, by and through their respective counsel, have stipulated to modify the discovery deadlines and existing Scheduling Order (Doc. No. 38) as follows: Event/Deadline Existing Date Stipulated New Date Non-Expert Discovery Deadline September 3, 2019 December 2, 2019 Expert Witness Disclosure
Summary: STIPULATION AND [Proposed] ORDER TO MODIFY SCHEDULING (Doc. 39) JENNIFER L. THURSTON , Magistrate Judge . The parties, by and through their respective counsel, have stipulated to modify the discovery deadlines and existing Scheduling Order (Doc. No. 38) as follows: Event/Deadline Existing Date Stipulated New Date Non-Expert Discovery Deadline September 3, 2019 December 2, 2019 Expert Witness Disclosure ..
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STIPULATION AND [Proposed] ORDER TO MODIFY SCHEDULING
(Doc. 39)
JENNIFER L. THURSTON, Magistrate Judge.
The parties, by and through their respective counsel, have stipulated to modify the discovery deadlines and existing Scheduling Order (Doc. No. 38) as follows:
Event/Deadline Existing Date Stipulated New Date
Non-Expert Discovery Deadline September 3, 2019 December 2, 2019
Expert Witness Disclosure September 10, 2019 January 2, 2020
Rebuttal Witness Disclosure October 1, 2019 February 3, 2020
Expert Discovery Deadline October 21, 2019 March 4, 2020
Non-Dispositive Motion Deadline (Filing) November 4, 2019 April 6, 2020
Non-Dispositive Motion Deadline (Hearing) December 16, 2019 May 4, 2020
Dispositive Motion Deadline (Filing) November 4, 2019 June 8, 2020
Dispositive Motion Deadline (Hearing) December 16, 2019 July 20, 2020
Pre-Trial Conference February 3, 2020 October 5, 2020
Trial March 30, 2020 November 30, 2020
The parties request an order modifying scheduling order. The parties had previously requested a modification of the scheduling order because Plaintiff's children and caretaker were either out of town due to an ill family member or had their own medical appointments that prevented them from being available for a deposition prior to the deadline to complete non-expert discovery and because counsel for defendants County of Kern and David M. Kuge— Marshall S. Fontes—was scheduled for knee surgery on June 26, 2019 making him unavailable for what he at time understood would be the following three to four weeks while recovering from the surgery.
Approximately three days after discharge, Mr. Fontes developed a hemorrhagic blister on the medial side of the right knee which was approximately four inches in diameter. This blister ruptured on Tuesday July 2, 2019, which presented increased risks of infection and delayed the initiation of his physical therapy treatment program. Originally, it was hoped that Mr. Fontes would be able to return to work at the beginning of August. However, due to these unexpected complications, Mr. Fontes was informed by his orthopedic surgeon on July 10, 2019, that he can expect to be off work for approximately six more weeks. There is no one else in Mr. Fontes' office with knowledge of this case that would be able to step in and take the remaining depositions while he continues his recovery.
But for this unanticipated medical emergency, all discovery would have been completed pursuant to the existing schedule. As a result of these circumstances it will be extraordinarily difficult for both parties to complete discovery, including depositions, within the remaining time frame for the completion of discovery.
The parties believe these there is good cause for the above proposed changes to the discovery deadlines.
Respectfully Submitted,
DATED: July 18, 2019 WEAKLEY & ARENDT
A PROFESSIONAL CORPORATION
/s/ Brande L. Gustafson
James D. Weakley
Brande L. Gustafson
Attorneys for Defendant, Reyes Soberon, Jr.
DATED: July 23, 2019 MARGO A. RAISON,
KERN COUNTY COUNSEL
/s/ Andrew C. Thomson for
Marshall S. Fontes (As authorized on 7/23/19)
Marshall S. Fontes, Deputy County Counsel
Attorneys for Defendants County of Kern, Kern
County Probation Department, and David M. Kuge
DATED: July 22, 2019 GERAGOS & GERAGOS
/s/ Noah Geldberg (As authorized on 7/22/19)
Mark J. Geragos
Ben J. Meiselas
Noah Geldberg
Attorneys for Plaintiff Kim Adams
ORDER
IT IS SO ORDERED.
