STIPULATION AND ORDER TO MODIFY STATUS (Pre-Trial Scheduling) ORDER

JOHN A. MENDEZ, District Judge.

I. OFFER OF GOOD CAUSE FOR REQUESTED CONTINUANCE

Defendants City of Fairfield and Robert Murray acting by and through their attorneys of record, and Plaintiff Christian Reyes acting by and through his attorney of record, have met and conferred regarding the Status (pre-trial scheduling) Order filed September 6, 2018 (Document 24) and last amended on March 5, 2019 (Document 32).

The Plaintiff's medical records have been requested and are needed by both counsel for the Defendant and Plaintiff. The Plaintiff in this matter is alleging extensive injuries rendering him a quadriplegic. On information and belief based on representations from his client, Plaintiff's counsel represents Plaintiff has been hospitalized and since the last modification to the pre-trial scheduling order generating new and recent medical records of importance to both sides in this litigation. Plaintiff's counsel Both Plaintiff's counsel and Defendant's counsel are presently awaiting receipt of outstanding and relevant medical records of the Defendant. The receipt of all of Defendant's medical records and the opportunity for the parties' respective experts to review those medical records prior their rendering of an opinion and the taking of their expert depositions is imperative to counsel for both the Plaintiff and the Defendants.

Both parties reasonably desire more time to take depositions and have those depositions reviewed by their respective experts prior to the disclosure of expert witnesses' opinions. Counsel have met and conferred about a deposition schedule given the present expert disclosure deadline of August 2, 2019, and discovery cutoff date of September 20, 2019. Defendant's counsel, Dale Allen, has a preplanned vacation starting July 12, 2019, returning to his office on August 5, 2019. Defendant Officer Robert Murray, a Police Officer with the Fairfield Police Department, is presently on leave from duty under the Family Medical Leave Act. Counsel for the Plaintiff has a preplanned vacation and various court appearances on his calendar prior to the present discovery cutoff, including a civil jury trial in a personal injury matter set to begin on August 20, 2019, in the California Superior Court, County of Solano. As such, setting a deposition schedule prior to the disclosure of experts and the present discovery cutoff date has significant obstacles. Both counsel for Plaintiff and Defendant believe a modification of the pretrial scheduling order given the presently outstanding medical records of the Plaintiff, their respective calendars, and Officer Murray's being on Family Medical Leave is reasonable and appropriate so that their experts will have enough time to review all medical records and depositions transcripts prior to rendering their opinion for purposes of expert disclosure.

Based on the foregoing the parties believe the current pretrial schedule is impractical and respectfully ask the court to approve the following requested stipulated orders.

II. REQUESTED STIPULATED ORDERS

The parties stipulate to and respectfully request the following modifications to the Status (pre-trial scheduling) Order:

ELECTRONIC CASE FILING ATTESTATION

I, Justin Kirk Tabayoyon, am the ECF user whose identification and password are being used to file the foregoing documents. Pursuant to Civil Local Rule 131(e), I hereby that concurrence in the filing of these documents has been obtained from each of its Signatories.

ORDER

Good cause appearing the Stipulation is SO ORDERED.