Filed: Jun. 22, 2018
Latest Update: Jun. 22, 2018
Summary: STIPULATION AND ORDER FOR EXTENSION OF PRETRIAL MOTION DEADLINE BARBARA A. McAULIFFE , Magistrate Judge . TO THE CLERK OF THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: Plaintiff RANDY BEAVERS ("Plaintiff") and Defendants CITY OF TURLOCK; GREGORY W. ROTON; DUSTIN M. FERREIRA; GABRIEL GONZALEZ; and PAUL INDERBITZEN ("Defendants") hereby respectfully requests an approximate three-week extension of the pretrial motion filing deadline: from June 29, 2018 to July 19, 2018. I. PRIOR
Summary: STIPULATION AND ORDER FOR EXTENSION OF PRETRIAL MOTION DEADLINE BARBARA A. McAULIFFE , Magistrate Judge . TO THE CLERK OF THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: Plaintiff RANDY BEAVERS ("Plaintiff") and Defendants CITY OF TURLOCK; GREGORY W. ROTON; DUSTIN M. FERREIRA; GABRIEL GONZALEZ; and PAUL INDERBITZEN ("Defendants") hereby respectfully requests an approximate three-week extension of the pretrial motion filing deadline: from June 29, 2018 to July 19, 2018. I. PRIOR E..
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STIPULATION AND ORDER FOR EXTENSION OF PRETRIAL MOTION DEADLINE
BARBARA A. McAULIFFE, Magistrate Judge.
TO THE CLERK OF THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
Plaintiff RANDY BEAVERS ("Plaintiff") and Defendants CITY OF TURLOCK; GREGORY W. ROTON; DUSTIN M. FERREIRA; GABRIEL GONZALEZ; and PAUL INDERBITZEN ("Defendants") hereby respectfully requests an approximate three-week extension of the pretrial motion filing deadline: from June 29, 2018 to July 19, 2018.
I. PRIOR EXTENSIONS
On April 17, 2017, the Court issued a Scheduling Order in this case. The Order set various deadlines, including: non-expert discovery (February 16, 2018); expert disclosure (March 23, 2018); rebuttal expert disclosure (April 20, 2018); expert discovery (May 18, 2018); pretrial motion filing deadline (June 29, 2018); pretrial conference (October 17, 2018); and trial (December 4, 2018).
The parties previously extended the fact discovery deadline until April 2, 2018 (Dkt. No. 22), in order to complete the depositions of Plaintiff and his wife, a third-party witness, and Plaintiff's treating physicians. Fact discovery is now complete.
The parties informally extended the expert disclosure date between themselves, until April 6, 2018.
On April 6, 2018, the parties requested extension of the rebuttal disclosure, expert discovery, pretrial motion deadline, pretrial conference, and trial. (Dkt. No. 25). The Court granted the request as to expert disclosure, rebuttal and expert discovery (Dkt. No. 26). It denied it as to pretrial motion deadline, pretrial conference, and trial. (Dkt. No. 26).
II. GOOD CAUSE FOR CURRENT REQUEST
Good cause exists to extend the pretrial filing deadline. The parties attended a settlement conference before Magistrate Judge Grosjean on May 8, 2018. (Dkt. No. 29). While the matter did not resolve on that date, lines remained open. On June 19th, both parties indicated to Judge Grosjean their desire to continue discussions. Each party is going to speak with her Honor the week of June 25th-29th. This is the best opportunity, to-date, the case has ever had at settling.
In order to facilitate these talks and maximize their chance of success, the parties respectfully request extension of the pretrial motion filing deadline three weeks (from June 29th to July 19th).1 Otherwise, the parties believe the attorneys' fees and costs incurred from summary judgment motion work will scuttle any possible settlement.
ORDER
Pursuant to the stipulation of the parties, and for some cause shown, the pretrial motion filing deadline is extended from June 29, 2018, to July 19, 2018. The parties are cautioned that the delay in filing pretrial dispositive motions may result in those motions not being resolved prior to the pretrial conference in this action. The parties also are cautioned that further modifications of the scheduling conference order will not be granted absent a showing of good cause. Fed. R. Civ. P. 16(b).
IT IS SO ORDERED.
