Filed: May 01, 2013
Latest Update: May 01, 2013
Summary: STIPULATION AND ORDER TO MODIFY SCHEDULED DATES IN CONSOLIDATED CASES JOHN A. MENDEZ, District Judge. IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, through their respective counsel of record, as follows: WHEREAS these two cases are now consolidated for all purposes in front of Your Honor via Stipulation and Order, e-filed April 2, 2013 (Document 89). WHEREAS lead counsel for all parties recently met and conferred to discuss the schedule currently in effect in
Summary: STIPULATION AND ORDER TO MODIFY SCHEDULED DATES IN CONSOLIDATED CASES JOHN A. MENDEZ, District Judge. IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, through their respective counsel of record, as follows: WHEREAS these two cases are now consolidated for all purposes in front of Your Honor via Stipulation and Order, e-filed April 2, 2013 (Document 89). WHEREAS lead counsel for all parties recently met and conferred to discuss the schedule currently in effect in ..
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STIPULATION AND ORDER TO MODIFY SCHEDULED DATES IN CONSOLIDATED CASES
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, through their respective counsel of record, as follows:
WHEREAS these two cases are now consolidated for all purposes in front of Your Honor via Stipulation and Order, e-filed April 2, 2013 (Document 89).
WHEREAS lead counsel for all parties recently met and conferred to discuss the schedule currently in effect in this matter, a schedule issued in the Washington case, filed as the STATUS (Pre-trial Scheduling) ORDER, e-filed October 12, 2012 (Document 74).
WHEREAS the parties have agreed to modify the currently set schedule, including the trial date, with approval from the Court, based upon good cause due to the fact that there is now a new Plaintiff involved in this Washington case (Ms. Bauer), the Vallejo Defendants did not have the opportunity to conduct any substantive discovery in the Washington matter due to the prior stay (from the Bankruptcy) and the fact that they were brought into the Washington case late in the litigation; the topography of this case has changed now that original Defendant in the Washington case, Taser International, Inc., has now been dismissed with prejudice; in addition, the law regarding the use of tasers has changed significantly since this incident in 2004. Based upon these and other issues, the parties seek to modify the currently scheduled dates in this case as follows:
Description Current Deadline Proposed New Deadline
Initial/Suppl. Disclosures No outstanding deadline July 12, 2013
Expert Witness Disclosure May 3, 2013 December 2, 2013
Supplemental/Rebuttal June 7, 2013 January 6, 2013
Disclosure
Joint Mid-Litigation Statement July 5, 2013 March 14, 2013
Due (14 days prior to disc.
close)
All Discovery Closes July 19, 2013 March 28, 2013
Deadline to file MSJ August 28, 2013 April 23, 2013
Hearing on MSJ September 25, 2013 May 28, 2013
Final Pretrial Conference November 8, 2013 July 18, 2013
Trial February 3, 2013 August 11, 2013
WHEREAS the parties are in the process of attempting to schedule a mediation in these consolidated cases to occur in late June of 2013.
WHEREAS the parties agree that good cause is present to modify the currently set deadlines per the above table.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
ORDER (as modified by the Court)
Good cause having been shown by the parties, the Court hereby orders that the currently set deadlines issued in the Washington case are hereby modified as follows in these consolidated cases:
Description Current Deadline New Deadline
Initial/Suppl. Disclosures No outstanding deadline July 12, 2013
Expert Witness Disclosure May 3, 2013 December 2, 2013
Supplemental/Rebuttal June 7, 2013 January 6, 2013
Disclosure
Joint Mid-Litigation Statement July 5, 2013 March 14, 2013
Due (14 days prior to disc.
close)
All Discovery Closes July 19, 2013 March 28, 2013
Deadline to file MSJ August 28, 2013 May 7, 2013
Hearing on MSJ September 25, 2013 June 4, 2013 at 9:30 a.m.
Final Pretrial Conference November 8, 2013 July 18, 2013 at 11:00 a.m.
Trial February 3, 2013 Sept. 8, 2013 at 9:00 a.m.
All deadlines and other requirements indicated in the STATUS (Pre-trial Scheduling) ORDER, e-filed October 12, 2012 (Document 74), remain in effect, based upon these newly issued dates and deadlines.
IT IS SO ORDERED.
