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Palmer v. Iosefa, 1:16-cv-00787 SKO. (2017)

Court: District Court, E.D. California Number: infdco20171220b06 Visitors: 9
Filed: Dec. 19, 2017
Latest Update: Dec. 19, 2017
Summary: ORDER ON JOINT STIPULATION FOR CONTINUANCE OF CERTAIN SCHEDULED DATES SHEILA K. OBERTO , Magistrate Judge . Pursuant to the Court's order entered October 2, 2017, fact discovery was to be completed by November 29, 2017, and experts were to be disclosed by December 11, 2017. ( See Doc. 51.) The parties filed their "Joint Stipulation for Continuance of Certain Dates" (the "Stipulation") on December 13, 2017— after these deadlines had passed. ( See Doc. 53.) Although the Court may extend t
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ORDER ON JOINT STIPULATION FOR CONTINUANCE OF CERTAIN SCHEDULED DATES

Pursuant to the Court's order entered October 2, 2017, fact discovery was to be completed by November 29, 2017, and experts were to be disclosed by December 11, 2017. (See Doc. 51.) The parties filed their "Joint Stipulation for Continuance of Certain Dates" (the "Stipulation") on December 13, 2017—after these deadlines had passed. (See Doc. 53.)

Although the Court may extend time for discovery after the deadline has expired because of "excusable neglect," Fed. R. Civ. P. 6(b)(1)(B), no such excusable neglect has been articulated—much less shown—here. Notwithstanding this deficiency, and given the absence of bad faith or prejudice to Plaintiff (as evidenced by the parties' agreement to the extension of time), and in view of the liberal construction of Fed. R. Civ. 6(b)(1) to effectuate the general purpose of seeing that cases are tried on the merits, see Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010), the Court will adopt the Stipulation in part, with modifications indicated below. The parties are cautioned that future post hoc request for extensions of time will be viewed with disfavor.

In addition, the Court notes that some of the deadlines represented as "current" in the Stipulation are not the same as those deadlines set by the Court in its October 2, 2017, order. (Compare Doc. 53 with Doc. 51.) The Court admonishes the parties to carefully review all prior orders of the Court before seeking further judicial action.

Having reviewed the Stipulation, and good cause appearing, the Court hereby GRANTS the Stipulation IN PART, and modifies its October 2, 2017, order as follows:

Current Date New Date Fact Discovery Cut-off 11/29/17 1/31/18 ExpertDisclosures 12/11/17 2/16/18 Suppl. Expert Disclosures 12/29/17 3/2/18 Expert Discovery Cut-off 1/26/18 4/16/18 Non-Dispositive Mtn. Filing 1/26/18 4/25/18 Non-Dispositive Mtn. Hearing 2/28/18 5/23/18 Dispositive Mtn. Filing 2/21/18 5/9/18 Dispositive Mtn. Hearing 4/4/18 6/20/18 Settlement Conference 4/12/18 8/3/18 at 10:30 a.m. in Courtroom 10 before U.S. Magistrate Judge Erica P. Grosjean Pre-Trial Conference 5/30/18 8/29/18 Trial 7/31/18 10/30/18

IT IS SO ORDERED.

Source:  Leagle

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