Filed: Mar. 16, 2017
Latest Update: Mar. 16, 2017
Summary: STIPULATION AND ORDER TO CONTINUE JURY TRIAL DALE A. DROZD , District Judge . Plaintiff Sierra View Local Health Care District, by and through its attorneys of record, and Defendant Influence Health, Inc., by and through its attorneys of record, hereby present the following Stipulation and [Proposed] Order to provide a limited continuance of the non-expert discovery cut-off and related continuances of additional deadlines, including the Jury Trial, in the above-captioned matter: Following
Summary: STIPULATION AND ORDER TO CONTINUE JURY TRIAL DALE A. DROZD , District Judge . Plaintiff Sierra View Local Health Care District, by and through its attorneys of record, and Defendant Influence Health, Inc., by and through its attorneys of record, hereby present the following Stipulation and [Proposed] Order to provide a limited continuance of the non-expert discovery cut-off and related continuances of additional deadlines, including the Jury Trial, in the above-captioned matter: Following t..
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STIPULATION AND ORDER TO CONTINUE JURY TRIAL
DALE A. DROZD, District Judge.
Plaintiff Sierra View Local Health Care District, by and through its attorneys of record, and Defendant Influence Health, Inc., by and through its attorneys of record, hereby present the following Stipulation and [Proposed] Order to provide a limited continuance of the non-expert discovery cut-off and related continuances of additional deadlines, including the Jury Trial, in the above-captioned matter:
Following the Court's January 19, 2017 denial of Influence Health's motion for judgment on the pleadings, the parties have been in communications regarding mediator selection and scheduling. The parties have selected a mediator (Hon. Patrick J. O'Hara [Ret.]), and have scheduled May 17, 2017 at 9:00 a.m., one of the first full days available to Judge O'Hara for private mediation. This date is over one month after the currently-operative percipient witness discovery cutoff of March 31, 2017.
Additionally, while the parties have both noticed numerous depositions to occur in advance of the March 31 cutoff (which depositions are scheduled in both California and Alabama [the latter being Influence's home state]), they wish to mediate the matter before incurring the significant fees and costs associated with those depositions. Accordingly, the parties agree that a continuance of the non-expert discovery cutoff as it pertains only to the depositions which have already been noticed, plus that of witness Jeremy Hill, is beneficial to both parties to allow mediation to occur first. The cutoff for all other non-expert written discovery, including the right of any party to demand production of documents with a deponent, shall remain March 31, 2017. To the extent any of the witnesses whose depositions have been noticed are no longer employees of either party, the parties agree to cooperate with one another to secure the attendance of those witnesses for deposition, whether through notice, subpoena, or otherwise. The parties will schedule all depositions for the period of May 22, 2017 to June 16, 2017 to ensure the availability of witnesses and counsel in the event that mediation is unsuccessful. The parties agree to a cutoff for the depositions of June 30, 2017, the extra two weeks to accommodate any unexpected circumstances that may delay any of the depositions. As a result of the stipulations regarding mediation and non-expert depositions, a short continuance of the trial and related pre-trial dates is well-indicated, and the parties propose that the following dates be adopted by the Court:
Non-Expert Discovery Cutoff (Except Depositions): March 31, 2017
Private Mediation Date: May 17, 2017 at 9:00 a.m.
Non-Expert Depositions Cutoff: June 30, 2017
Initial Expert Disclosure/Exchange: July 31, 2017 at 4:00 p.m.
Rebuttal Expert Disclosure/Exchange: August 31, 2017 at 4:00 p.m.
Expert Deposition Cutoff: September 29, 2017
Dispositive Motions Hearing Cutoff: No earlier than September 29, 2017
Pretrial Conference: No earlier than November 29, 2017
(Requested) Trial Date: February 5, 2018.
Trial Length: Ten (10) day estimate.
Settlement Conference: To be determined at pretrial conference.
IT IS SO STIPULATED.
ORDER
Non-Expert Discovery Cutoff (Except Depositions): March 31, 2017
Private Mediation Date: May 17, 2017 at 9:00 a.m.
Non-Expert Depositions Cutoff: June 30, 2017
Initial Expert Disclosure/Exchange: July 31, 2017 at 4:00 p.m.
Rebuttal Expert Disclosure/Exchange: August 31, 2017 at 4:00 p.m.
Expert Deposition Cutoff: September 29, 2017
Dispositive Motions Hearing Cutoff: October 3, 2017, at 9:30am.
Pretrial Conference: December 11, 2017, at 1:30pm.
Trial Date (10) day estimate: February 6, 2018, at 1:00pm.
The parties are directed to contact the assigned Magistrate Judge's Courtroom Deputy to arrange for an agreeable Settlement Conference date.
IT IS SO ORDERED.
