Filed: Jan. 29, 2018
Latest Update: Jan. 29, 2018
Summary: STIPULATION AND ORDER CONTINUING ALL DEADLINES AND TRIAL DATE DATES MODIFIED FROM SUBMITTED VERSION TROY L. NUNLEY , District Judge . Plaintiff Mable Oertell ("Plaintiff") and Defendants SIX FLAGS ENTERTAINMENT CORPORATION, PARK MANAGEMENT CORPORATION, PANDA RESTAURANT GROUP, INC., and KAHALA RESTAURANT HOLDINGS ("Six Flags Defendants"); Defendant FOTO FANTASY, INC., and Defendant DIPPIN' DOTS, LLC (collectively, the "Parties") by and through their respective attorneys, hereby jointly stip
Summary: STIPULATION AND ORDER CONTINUING ALL DEADLINES AND TRIAL DATE DATES MODIFIED FROM SUBMITTED VERSION TROY L. NUNLEY , District Judge . Plaintiff Mable Oertell ("Plaintiff") and Defendants SIX FLAGS ENTERTAINMENT CORPORATION, PARK MANAGEMENT CORPORATION, PANDA RESTAURANT GROUP, INC., and KAHALA RESTAURANT HOLDINGS ("Six Flags Defendants"); Defendant FOTO FANTASY, INC., and Defendant DIPPIN' DOTS, LLC (collectively, the "Parties") by and through their respective attorneys, hereby jointly stipu..
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STIPULATION AND ORDER CONTINUING ALL DEADLINES AND TRIAL DATE
DATES MODIFIED FROM SUBMITTED VERSION
TROY L. NUNLEY, District Judge.
Plaintiff Mable Oertell ("Plaintiff") and Defendants SIX FLAGS ENTERTAINMENT CORPORATION, PARK MANAGEMENT CORPORATION, PANDA RESTAURANT GROUP, INC., and KAHALA RESTAURANT HOLDINGS ("Six Flags Defendants"); Defendant FOTO FANTASY, INC., and Defendant DIPPIN' DOTS, LLC (collectively, the "Parties") by and through their respective attorneys, hereby jointly stipulate and respectfully request the trial date and pretrial deadlines in this case be continued. Presently, trial in this case is scheduled to begin on June 4, 2018. This first request for an extension of time is based on the following good cause:
1. On July 11, 2017, Defendants filed a motion for partial summary judgment ("Partial MSJ"). [Dkt. No. 63.] Defendants' Partial MSJ is fully briefed but no ruling has been issued by the Court.
2. In light of Defendants' Partial MSJ, on July 18, 2017, Defendants filed a Motion to Stay Discovery Pending Adjudication of Defendants' Motion for Summary Judgment. [Dkt. No. 65.] On July 24, 2017, Magistrate Judge Barnes issued a minute order directing that Defendants had incorrectly noticed the motion on her calendar and directed that it must be placed on Judge Nunley's civil law and motion calendar instead. [Dkt. No. 71.] On July 18, 2017, Defendants' refiled their Motion to Stay on Judge Nunley's civil law and motion calendar. [Dkt. No. 72.] On January 19, 2018, the Court denied Defendants' Motion to Stay.
3. To date, other than a site inspection which was held on August 22, 2017, no discovery has been exchanged since the Parties were awaiting the Court's decision on Defendants' Motion to Stay.
4. Since the Court issued its decision denying Defendants' Motion to Stay on January 19, 2018, and the deadline to complete discovery in this matter is currently February 15, 2018, the Parties need additional time to conduct discovery in this matter. [Dkt. No. 93.]
Based on the foregoing, the parties jointly stipulate and request that the Court continue the trial date from January 22, 2019, to April 30, 2019, and that the associated case deadlines be continued as follows:
Fact discovery cut-off: May 17, 2018
Expert disclosure: July 19, 2018
Expert rebuttal: August 8, 2018
Expert discovery cut-off: September 7, 2018
Hearing of dispositive motions: November 29, 2018
Joint pretrial conference statement: February 7, 2019
Pretrial conference: February 14, 2019
Trial briefs: April 16, 2019
Trial: April 30, 2019
ORDER
Pursuant to the parties' stipulation, it is hereby ordered that the deadlines are reset as follows:
Fact discovery cut-off: May 17, 2018
Expert disclosure: July 19, 2018
Expert rebuttal: August 8, 2018
Hearing of dispositive motions: December 6, 2018
Joint pretrial conference statement: February 14, 2019
Final Pretrial Conference: February 21, 2019, at 2:00 PM
Jury Trial: May 6, 2019, at 9:00 AM
IT IS SO ORDERED.
