Filed: Sep. 16, 2016
Latest Update: Sep. 16, 2016
Summary: JOINT STIPULATION TO CONTINUE NON-TRIAL RELATED DATES AND ORDER THEREON MICHAEL J. SENG , Magistrate Judge . Plaintiff Charles Johnson ("Plaintiff"), on the one hand, and Defendants Republic Services, Inc. and Allied Waste Services of North America, LLC ("Defendants") on the other, by and through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, on March 31, 2016, a Scheduling Conference was held and dates were set including a discovery cut off, expert di
Summary: JOINT STIPULATION TO CONTINUE NON-TRIAL RELATED DATES AND ORDER THEREON MICHAEL J. SENG , Magistrate Judge . Plaintiff Charles Johnson ("Plaintiff"), on the one hand, and Defendants Republic Services, Inc. and Allied Waste Services of North America, LLC ("Defendants") on the other, by and through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, on March 31, 2016, a Scheduling Conference was held and dates were set including a discovery cut off, expert dis..
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JOINT STIPULATION TO CONTINUE NON-TRIAL RELATED DATES AND ORDER THEREON
MICHAEL J. SENG, Magistrate Judge.
Plaintiff Charles Johnson ("Plaintiff"), on the one hand, and Defendants Republic Services, Inc. and Allied Waste Services of North America, LLC ("Defendants") on the other, by and through their respective counsel of record, hereby stipulate and agree as follows:
WHEREAS, on March 31, 2016, a Scheduling Conference was held and dates were set including a discovery cut off, expert disclosure deadlines, non-dispositive and dispositive motion deadlines, a Final Pretrial Conference on April 10, 2017, and a five day Jury Trial on May 31, 2017;
WHEREAS, the Parties have been diligently engaging in written discovery and plan on taking the depositions of Plaintiff and Defendants' Company witnesses in September and October of 2016;
WHEREAS, the Parties would like a short continuance of approximately six (6) weeks on all discovery-related deadlines and a short continuance of one month on the deadline to file any dispositive motions in order to allow them to adequately complete discovery;
WHEREAS, the requested short continuance will not impact the Final Pretrial Conference or Jury Trial date;
WHEREAS, counsel for the Parties are working collaboratively to move the case along efficiently;
WHEREAS, this is the first continuance requested by the Parties and no Party will suffer prejudice as a result of the proposed short continuance;
NOW, THEREFORE, Plaintiff and Defendants, by and through their attorneys of record, hereby stipulate that the below dates be continued as follows:
EVENT OLD DEADLINE NEW DEADLINE
Non-Expert Discovery Cutoff October 18, 2016 November 29, 2016
Expert Discovery Cutoff November 18, 2016 December 30, 2016
Expert Disclosure Filing October 1, 2016 November 11, 2016
Expert Disclosure Rebuttal October 18, 2016 November 29, 2016
Non-Dispositive Motion November 18, 2016 December 30, 2016
Deadlines (filing*)
Dispositive Motion Deadline January 6, 2017 February 6, 2017
(filing*)
Dispositive Motion Hearing Date February 21, 2017 Any date in March
2017
IT IS SO STIPULATED.
ORDER
Counsel for the Parties in the above-captioned action submitted a Joint Stipulation to Continue all Non-Trial Related Deadlines.
After consideration of the papers submitted, the Court remains unclear as to the proposed deadline for the hearing, if any, on dispositive motions. The Stipulation calls for a hearing "Any date in March 2017". If the parties do indeed intend to move the hearing on dispositive motions to any date beyond February 21, 2017, that hearing would encroach upon the absolute minimum six week period between such a hearing and the pretrial conference, and the pretrial and trial dates would need be modified.
Accordingly, the Court declines to adopt the parties' Stipulation. The parties may resubmit a stipulation that addresses the foregoing. Until further Order of the Court, all dates and deadlines remain as set (ECF No. 15.)
IT IS SO ORDERED.
