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Henderson v. Hernandez, 3:14-cv-01857-JST. (2018)

Court: District Court, N.D. California Number: infdco20181204818 Visitors: 7
Filed: Dec. 03, 2018
Latest Update: Dec. 03, 2018
Summary: STIPULATION AND MOTION TO CONTINUE THE CASE SCHEDULE FED. R. CIV. PROC. 16(B)(4); L.R. 16-2(D); L.R. 7-1; L.R. 7-12 JON S. TIGAR , District Judge . Defendants C. Hernandez and W.L. Muniz, joined by Plaintiff Johndell Henderson (the "Parties") hereby stipulate and move for the following modifications of the Case Schedule pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), for the reasons set forth below. I. CIRCUMSTANCES CONSTITUTING GOOD FAITH REASONS TO MODIFY CA
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STIPULATION AND MOTION TO CONTINUE THE CASE SCHEDULE

FED. R. CIV. PROC. 16(B)(4); L.R. 16-2(D); L.R. 7-1; L.R. 7-12

Defendants C. Hernandez and W.L. Muniz, joined by Plaintiff Johndell Henderson (the "Parties") hereby stipulate and move for the following modifications of the Case Schedule pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Rule 16-2(d), for the reasons set forth below.

I. CIRCUMSTANCES CONSTITUTING GOOD FAITH REASONS TO MODIFY CASE MANAGEMENT ORDER

Henderson's Motion to Modify or Rescind the Court's previous summary judgment order is submitted and pending before the Court. (ECF Nos. 126-129.) That Motion, if granted, would substantially affect the scope of discovery in this action.

In light of the pending motion, the Plaintiff has not pursued discovery that is outside the scope of the claims as they stand after the Court's grant of summary judgment (which was entered before counsel for Mr. Henderson was appointed).

II. PROPOSED CASE SCHEDULE MODIFICATION1

Based on the foregoing, the Parties hereby stipulate, and respectfully request of the Court, the following modification of the Case Management deadlines, which continues to current schedule approximately two months:

Currently Proposed Event Scheduled Date Modification Close of fact discovery December 28, 2018 March 1, 2019 Expert disclosures and opening expert reports due January 25, 2019 March 15, 2019 Rebuttal expert disclosures and rebuttal reports due February 18, 2019 March 29, 2019 Close of expert discovery March 8, 2019 April 12, 2019 Deadline for summary-judgment motions April 18, 2019 May 3, 2019 Pretrial conference statement due July 26, 2019 July 26, 2019 Pretrial Conference August 2, 2019 at August 2, 2019 at 2:00 p.m. 2:00 p.m. Trial August 26, 2019 at August 26, 2019 at 8:30 a.m. 8:30 a.m.

ORDER

Pursuant to stipulation and good cause appearing therein, IT IS SO ORDERED.

ECF ATTESTATION

I, Teri Mae Rutledge, am the ECF user whose ID and password are being used to file this document. I hereby attest that Jeffrey Fisher has concurred in this filing.

FootNotes


1. The Parties have not sought to move the trial date due to a potential conflict with defense counsel's trial in Hunter v. Sokoloff, No. C 14-05031-JST (PR), currently scheduled for December 9, 2019, before this Court. If the Court has concerns about any aspect of the proposed schedule, the Parties ask the Court to set a scheduling conference or otherwise identify another available trial date (preferably at least 45 days from December 9, 2019) around which the Parties can plan a proposed schedule.
Source:  Leagle

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