Filed: Oct. 18, 2018
Latest Update: Oct. 18, 2018
Summary: STIPULATION AND PROPOSED ORDER RE: JOINT PRETRIAL ORDER DUE DATE (ECF NO. 69) CARL W. HOFFMAN , Magistrate Judge . Plaintiff Shana Lee McCart-Pollak, in pro per, and Defendants Edward Etkin and the Law Offices of Edward Etkin, Esq. PC, by and through their undersigned counsel, hereby submit the following proposed amendment to the Amended Scheduling Order previously entered by this Court (ECF No. 69). The Amended Scheduling Order states as follows: 6. Pretrial Order [LR II 26-1(b)(5)]
Summary: STIPULATION AND PROPOSED ORDER RE: JOINT PRETRIAL ORDER DUE DATE (ECF NO. 69) CARL W. HOFFMAN , Magistrate Judge . Plaintiff Shana Lee McCart-Pollak, in pro per, and Defendants Edward Etkin and the Law Offices of Edward Etkin, Esq. PC, by and through their undersigned counsel, hereby submit the following proposed amendment to the Amended Scheduling Order previously entered by this Court (ECF No. 69). The Amended Scheduling Order states as follows: 6. Pretrial Order [LR II 26-1(b)(5)] ..
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STIPULATION AND PROPOSED ORDER RE: JOINT PRETRIAL ORDER DUE DATE (ECF NO. 69)
CARL W. HOFFMAN, Magistrate Judge.
Plaintiff Shana Lee McCart-Pollak, in pro per, and Defendants Edward Etkin and the Law Offices of Edward Etkin, Esq. PC, by and through their undersigned counsel, hereby submit the following proposed amendment to the Amended Scheduling Order previously entered by this Court (ECF No. 69).
The Amended Scheduling Order states as follows:
6. Pretrial Order [LR II 26-1(b)(5)]:
The Joint Pretrial Order shall be filed 30 days after the Court files its decision on Defendants' Motion for Summary Judgment (ECF No. 55), together with any supplement thereto. All motions in limine shall be submitted with the Pretrial Order.
7. Fed.R.Civ.P.26(a)(3) disclosures [LR II 26-1(b)(6)]:
The disclosures required by Fed.R.Civ.P. 26(a)(3) and any objections thereto shall be included in the Joint Pretrial Order.
(ECF No. 69, Amended Scheduling Order.) During the September 21, 2018 hearing regarding Defendants' Motion for Summary Judgment, the Court also stated that the Joint Pretrial Order would be due in 30 days. (ECF No. 87, at 27:13-20.) The first court day following the expiration of that 30-day period is Monday, October 22, 2018.
Following the September 21, 2018 hearing Plaintiff diligently pursued obtaining a copy of her invoices from the Holland & Hart law firm so that she could redact and produce them as discussed during the hearing. The person in the Holland & Hart accounting department with whom she was communicated was out of the office for a period of time, and thus Plaintiff was not able to obtain and produce those records until October 9, 2018. In the meanwhile, Plaintiff and Defendants were engaged in active settlement discussions which commenced after the September 21, 2018 hearing, which continued through the week of October 7 - 12, 2018. The parties were reluctant to embark on the expensive process of drafting the Joint Pretrial Order while attempting to resolve the case.
For these reasons, the parties respectfully jointly request that the Court extend the due date for the submission of the Joint Pretrial Order (which will include all Rule 26(a)(3) disclosures), and any motions in limine, to Friday, November 9, 2018, an extension of less than three weeks from the present due date.
WHEREFORE, Plaintiff and Defendants stipulate and request that the Court amend the Amended Scheduling Order (ECF No. 69) as set forth above.
ORDER
IT IS SO ORDERED.
