Filed: Jul. 18, 2018
Latest Update: Jul. 18, 2018
Summary: STIPULATION TO MODIFY DATE FOR SETTLEMENT CONFERENCE, TRIAL, AND RELATED TRIAL DATES JOHN A. MENDEZ , District Judge . Plaintiff Gregory Simmons ("Plaintiff") and Defendants California Department of General Services and Fred Klass (collectively "Defendants"), by and through their respective undersigned counsel, hereby agree and stipulate as follows: WHEREAS, Plaintiff's counsel, Mr. J. Edward Brooks, was admitted to the hospital on July 9, 2018 for an emergency medical condition and will
Summary: STIPULATION TO MODIFY DATE FOR SETTLEMENT CONFERENCE, TRIAL, AND RELATED TRIAL DATES JOHN A. MENDEZ , District Judge . Plaintiff Gregory Simmons ("Plaintiff") and Defendants California Department of General Services and Fred Klass (collectively "Defendants"), by and through their respective undersigned counsel, hereby agree and stipulate as follows: WHEREAS, Plaintiff's counsel, Mr. J. Edward Brooks, was admitted to the hospital on July 9, 2018 for an emergency medical condition and will b..
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STIPULATION TO MODIFY DATE FOR SETTLEMENT CONFERENCE, TRIAL, AND RELATED TRIAL DATES
JOHN A. MENDEZ, District Judge.
Plaintiff Gregory Simmons ("Plaintiff") and Defendants California Department of General Services and Fred Klass (collectively "Defendants"), by and through their respective undersigned counsel, hereby agree and stipulate as follows:
WHEREAS, Plaintiff's counsel, Mr. J. Edward Brooks, was admitted to the hospital on
July 9, 2018 for an emergency medical condition and will be unavailable due to his health for the extended future, including beyond the date currently scheduled for the Settlement Conference, July 19, 2018;
WHEREAS, due to the unavailability of Plaintiff's counsel, Plaintiff is unable to attend the Settlement Conference scheduled for July 19, 2018;
WHEREAS, Plaintiff's counsel has been informed by the Court that the next available magistrate who is able to conduct the Settlement Conference is unavailable until November 8, 2018;
WHEREAS, the Parties have met and conferred regarding these issues, and due to the unavailability of Plaintiff's counsel, the Parties desire to move the Settlement Conference to November 8, 2018;
WHEREAS, the Parties intended to wait to complete discovery until after the Settlement Conference. Based upon the next available Settlement Conference date, the Parties additionally desire to continue the trial date and all related trial dates by approximately four (4) months, so that the Parties can conduct the Settlement Conference and allow time for discovery to be completed afterwards if the Parties are unable to resolve the matter at the Settlement Conference;
WHEREAS, the Parties have agreed, and therefore propose, continuing the Settlement Conference from July 19, 2018 to November 8, 2018. The parties agree to modify the date of the Settlement Conference and all related trial dates by approximately four (4) months.
IT IS STIPULATED AND AGREED, by and between the undersigned and attorneys for the Parties herein, to modify the Scheduling Order in the following ways and ask that the Court approve this modification:
Settlement Conference on November 8, 2018;
Disclose experts and produce reports on or before March 1, 2019;
Disclose rebuttal expert and reports on or before April 5, 2019;
All other discovery to be completed by June 14, 2019;
Dispositive motions shall be filed by August 2, 2019, or thereafter;
Dispositive motions shall be heard by September 6, 2019, or thereafter;
Final pre-trial conference set for October 11, 2019, or thereafter, and
Jury trial set for November 12, 2019, or thereafter.
The Court, having considered the parties' stipulation seeking to modify the dates for Settlement Conference and related trial dates issued in the Order to Modify Status (Pre-Trial Scheduling) Order issued May 1, 2018, approves the following schedule changes as follows:
Settlement Conference on November 8, 2018 at 10:00 a.m. before Chief Magistrate Judge Edmund F. Brennan;
Disclose experts and produce reports on or before March 1, 2019;
Disclose rebuttal expert and reports on or before April 5, 2019;
All other discovery to be completed by June 14, 2019;
Dispositive motions shall be filed by August 13, 2019;
Dispositive motions shall be heard by September 10, 2019 at 1:30 p.m.;
Joint pretrial statement due October 4, 2018.
Final pre-trial conference set for October 11, 2019 at 11:00 a.m.;
Jury trial set for November 18, 2019 at 9:00 a.m.
IT IS SO ORDERED:
