Filed: Jan. 23, 2018
Latest Update: Jan. 23, 2018
Summary: STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL SCHEDULING ORDER; ORDER KIMBERLY J. MUELLER , District Judge . Plaintiff Gianfranco Ruffino and Defendant the United States of America jointly stipulate as follows and submit this request to modify the Amended Pretrial Scheduling Order (ECF 11). The purpose of the requested scheduling modification is to permit the Court to resolve the government's anticipated motion to dismiss for lack of subject matter jurisdiction before the parties conclud
Summary: STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL SCHEDULING ORDER; ORDER KIMBERLY J. MUELLER , District Judge . Plaintiff Gianfranco Ruffino and Defendant the United States of America jointly stipulate as follows and submit this request to modify the Amended Pretrial Scheduling Order (ECF 11). The purpose of the requested scheduling modification is to permit the Court to resolve the government's anticipated motion to dismiss for lack of subject matter jurisdiction before the parties conclude..
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STIPULATION AND JOINT REQUEST TO MODIFY PRETRIAL SCHEDULING ORDER; ORDER
KIMBERLY J. MUELLER, District Judge.
Plaintiff Gianfranco Ruffino and Defendant the United States of America jointly stipulate as follows and submit this request to modify the Amended Pretrial Scheduling Order (ECF 11). The purpose of the requested scheduling modification is to permit the Court to resolve the government's anticipated motion to dismiss for lack of subject matter jurisdiction before the parties conclude discovery, including expert discovery.
The Court previously entered a scheduling order that contemplated two phases of discovery, with the first phase focused on fact discovery and jurisdictional issues, and the second phase focused on damages issues. See ECF 11 at 2. The second phase of discovery was scheduled to close on March 30, 2018. Due to difficulty scheduling certain fact witnesses for depositions because of their firefighting responsibilities, the parties requested and the Court approved a modification to the scheduling order to combine both phases of discovery into a single phase, closing on March 30, 2018. ECF 13.
As previously noted, the government intends to file a motion to dismiss for lack of subject matter jurisdiction under the FTCA. See ECF 11 at 2. The current scheduling order requires the government to file its jurisdictional motion by the close of fact discovery. Id.
The parties agree that the Court's ruling on the anticipated jurisdictional motion would assist them as they complete discovery, including expert discovery. If the Court grants the motion, it may be dispositive of the case, which may eliminate the need to undertake certain discovery. If the Court denies the motion in whole or in part, the ruling may help define the issues for remaining discovery. Accordingly, the parties respectfully request that the Court modify the schedule as specified below to allow time for the Court to rule on the jurisdictional motion before completion of discovery.
Proposed Schedule:
Deadline for government to file its jurisdictional motion; March 23, 2018
discovery stayed pending resolution of the motion
Hearing on jurisdictional motion April 20, 2018
Fact discovery resumes July 9, 2018
Fact discovery cutoff October 5, 2018
Parties submit expert reports October 26, 2018
Parties submit supplemental expert reports November 16, 2018
Expert discovery cutoff December 21, 2018
Dispositive motions hearing deadline February 15, 2019
Joint pretrial conference statement and motions in limine due May 3, 2019
Final pretrial conference May 24, 2019
Trial briefs June 24, 2019
Bench trial July 8, 2019
ORDER
GOOD CAUSE APPEARING, the parties' joint stipulation and request to modify the Amended Scheduling Order is APPROVED. The case shall be governed by the schedule set forth below. The parties shall refer to the Amended Pretrial Scheduling Order (ECF 11) for the Court's other pretrial instructions.
Schedule:
Deadline for government to file its jurisdictional motion; March 23, 2018
discovery stayed pending resolution of the motion
Hearing on jurisdictional motion April 20, 2018
Fact discovery resumes July 9, 2018
Fact discovery cutoff October 5, 2018
Parties submit expert reports October 26, 2018
Parties submit supplemental expert reports November 16, 2018
Expert discovery cutoff December 21, 2018
Dispositive motions hearing deadline February 8, 2019
Joint pretrial conference statement and motions in limine due May 10, 2019
Final pretrial conference May 31, 2019
Trial briefs June 24, 2019
Bench trial July 8, 2019
