Filed: Apr. 19, 2017
Latest Update: Apr. 19, 2017
Summary: STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO COMPLETE DISCOVERY (FOURTH REQUEST) PEGGY A. LEEN , District Judge . Defendant/Third-Party Plaintiff Legacy Transportation Systems, LLC; Angeles Transportation, LLC; Leoncio Angeles (collectively, "the Legacy Defendants"); Plaintiff Sarah Dixon ("Plaintiff"); and Third-Party Defendant Ryan Richards ("Richards"), by and through their respective counsel of record, hereby stipulate and agree to extend discovery for 14 days only the l
Summary: STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO COMPLETE DISCOVERY (FOURTH REQUEST) PEGGY A. LEEN , District Judge . Defendant/Third-Party Plaintiff Legacy Transportation Systems, LLC; Angeles Transportation, LLC; Leoncio Angeles (collectively, "the Legacy Defendants"); Plaintiff Sarah Dixon ("Plaintiff"); and Third-Party Defendant Ryan Richards ("Richards"), by and through their respective counsel of record, hereby stipulate and agree to extend discovery for 14 days only the li..
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO COMPLETE DISCOVERY
(FOURTH REQUEST)
PEGGY A. LEEN, District Judge.
Defendant/Third-Party Plaintiff Legacy Transportation Systems, LLC; Angeles Transportation, LLC; Leoncio Angeles (collectively, "the Legacy Defendants"); Plaintiff Sarah Dixon ("Plaintiff"); and Third-Party Defendant Ryan Richards ("Richards"), by and through their respective counsel of record, hereby stipulate and agree to extend discovery for 14 days only the limited purpose of completing four specific depositions only that, due to scheduling issues and the need to travel to Utah, could not be completed before the end of the current discovery cut-off date.
I. Discovery Completed to Date
The Parties have been diligently conducting discovery efforts as follows:
1. The parties have exchanged initial documents and witness lists;
2. The parties have conducted written discovery and responded to those requests;
3. Plaintiff has served Multiple Supplemental Document/Witness Disclosures;
4. The Legacy Defendants have served Multiple Supplemental Document/Witness Disclosures;
5. Richards has served Supplemental Document/Witness Disclosures;
6. Plaintiff has disclosed and served reports from the following experts:
a. Chris P. Reyes, MRC, CRC;
b. Joseph T. Crouse, Ph.D., MBA, CPA;
c. Kathleen Smith, MD
d. Brian K. Jones, MSBI, P.E. ACTAR, CXLT
7. The Legacy Defendants have disclosed and served reports from the following experts:
a. Michael Dilich, P.E.;
b. Carol Hyland, M.A., M.S.
c. Dr. Mary Ann Shannon.
d. William Anderson, Ph. D., DABFT
8. Richards has disclosed/designated the following expert witness:
a. Trooper Michael Tully
9. The parties have completed the following depositions:
a. Plaintiff Sarah Dixon;
b. Third-Party Defendant Ryan Richards;
c. Defendant/Third-Party Plaintiff Leoncio Angeles;
d. Trooper Michael Tully;
e. Trooper Peter Sorenson;
f. Out of State Percipient Witness Brent Allen;
g. Out of State Percipient Witness Darrell Brown
h. Out of State Percipient Witness Ashley Greving (Melissant;
i. Out of State Percipient Witness Joshua Annand;
j. Chris P. Reyes, MRC, CRC;
k. Joseph T. Crouse, Ph.D., MBA, CPA;
l. Dan Berkabile
m. Dr. Ryan Andrew Fan (in City of Industry, CA);
n. Dr. Christopher Long (at Camp Pendleton in Oceanside, CA)
o. Brian K. Jones, MSBE, P.E., ACTAR, CXLT
p. Dr. Christine Maloney
q. Dr. Kathleen D. Smith
II. Discovery That Remains to Be Completed
1. The parties are requesting discovery be extended solely for the purpose of completing the following depositions:
a. Percipient Witness Kevin Angeles (in Utah on or about 4/28/17);
b. Defendant/Third-Party Plaintiff Leoncio Angeles (continuation, in Utah on or about 4/28/17);
c. Legacy Transportation Systems, LLC `s FRCP 30(B)(6) Witness(es) (in Utah on or about 4/28/17);
d. Expert Brian Jones MSBE, P.E., ACTAR, CXLT, (in LV and based on his rebuttal report and within the next 2-3 weeks depending on his and counsel's availability)
e. Subject to this Court's ruling on Plaintiff's Motion to Substitute Expert [ECF No. 76], the deposition of Plaintiff's Substitute Expert to be schedule after production of the expert's report, as well as the Legacy Defendants' rebuttal expert's deposition.
III. Reason Why Discovery Remaining Was Not Completed
The parties have diligently completed nearly all discovery necessary to prepare this matter for trial. In that regard, the parties have completed all discovery and depositions but for the those set forth above (not including Plaintiff's discovery-related Motion [ECF No. 76] that is currently the subject of motion practice). The depositions set forth above simply could not be conducted and/or completed before the expiration of the discovery cut-off date due to the witness' and/or counsel's availability. Further, assurances were made by and between counsel that these depositions could be completed; in fact, but for the issues with coordinating all counsel, travel and the availability of witnesses (principally Mr. Angeles, who is a long-haul truck driver), these depositions likely would have been completed before the currently set discovery cut-off date. We have since confirmed the availability of all Utah-based deponents for April 28, 2017. So that these depositions may be completed in this case, most of which have already been noticed, the parties respectfully submit the instant stipulation and proposed order extending the discovery cutoff date by 14 days so these four depositions only may be completed. No other discovery shall be conducted but for these depositions, unless the Court grants Plaintiff's Motion to Substitute Expert.
Proposed Schedule For Completing Discovery
1. Last day to amend pleadings/add parties: (Closed)
2. Last day to disclose initial expert witnesses: (Closed)1
3. Last day to file interim status report: (Closed)
4. Last day to file rebuttal expert disclosures: (Closed)2
5. Last day to complete discovery: May 2, 2017 (Monday)
6. Last day to file dispositive motions: June 1, 2017 (Thursday)
7. Last day to submit pre-trial order: June 30, 2017 (Friday) (If dispositive
motions are filed, the joint pretrial order is due thirty (30) days from the entry of the court's
rulings on the motions.)
ORDER
IT IS SO ORDERED:
