Filed: Oct. 10, 2018
Latest Update: Oct. 10, 2018
Summary: JOINT STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER FOR GOOD CAUSE [Fed. R. Civ. Proc. 16(b)] KIMBERLY J. MUELLER , District Judge . Pursuant to Federal Rules of Civil Procedure Rule 16(b)(4), and Section X of the Status (Pre-trial) Scheduling Order issued by United States District Judge Kimberly J. Mueller on November 9, 2017 (the "Scheduling Order"), Plaintiff TRINIDAD BROWN ("Brown") and Defendants, EDDIE DIAZ, ERIC HOWARD, LAERTIS MORAITIS and DANIEL VILLALOBOS (collectively
Summary: JOINT STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER FOR GOOD CAUSE [Fed. R. Civ. Proc. 16(b)] KIMBERLY J. MUELLER , District Judge . Pursuant to Federal Rules of Civil Procedure Rule 16(b)(4), and Section X of the Status (Pre-trial) Scheduling Order issued by United States District Judge Kimberly J. Mueller on November 9, 2017 (the "Scheduling Order"), Plaintiff TRINIDAD BROWN ("Brown") and Defendants, EDDIE DIAZ, ERIC HOWARD, LAERTIS MORAITIS and DANIEL VILLALOBOS (collectively ..
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JOINT STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER FOR GOOD CAUSE [Fed. R. Civ. Proc. 16(b)]
KIMBERLY J. MUELLER, District Judge.
Pursuant to Federal Rules of Civil Procedure Rule 16(b)(4), and Section X of the Status (Pre-trial) Scheduling Order issued by United States District Judge Kimberly J. Mueller on November 9, 2017 (the "Scheduling Order"), Plaintiff TRINIDAD BROWN ("Brown") and Defendants, EDDIE DIAZ, ERIC HOWARD, LAERTIS MORAITIS and DANIEL VILLALOBOS (collectively "Defendants"), by and through undersigned counsel, hereby jointly stipulate and move to modify the Scheduling Order for good cause as follows:
1. Pursuant to the Scheduling Order, the cut-off for expert witness discovery is October 12, 2018. There is no trial date yet set in this matter.
2. The Parties scheduled the deposition of Plaintiff's expert, Roger Clark to occur on October 4, 2018, within the parameters of the Scheduling Order.
3. Counsel for Defendants is presently in trial in the Superior Court of California, County of San Joaquin in a matter titled Lytle v. Jeffrey, San Joaquin County Case Number: STK-CV-UAT-2015-0010820. Counsel does not believe that this case will be concluded in its entirety before October 4, 2018. As a result of counsel's unavailability, the deposition of Mr. Clark had to be rescheduled.
4. The Parties were unable to identify any mutually available dates between October 4, 2018 and the current expert discovery cut-off date of October 12, 2018 on which to conduct Mr. Clark's examination.
5. Counsel rescheduled the deposition of Ms. Clark to occur on October 25, 2018, after the current expert discovery cut-off and twenty-one (21) days later than the originally scheduled deposition date.
6. The testimony of Mr. Clark is critical to the Parties' ability to fully evaluate their respective cases, to prepare for trial, and to evaluate the propriety of and compose any appropriate dispositive motions.
7. In light of the above, the Parties have met and conferred and agreed to approach the Court regarding modifications to the Scheduling Order. The parties propose that the Scheduling Order be modified as follows:
a. Expert Discovery Cut-Off extended 21 days to Friday, November 2, 2018.
b. Dispositive Motion hearing deadline extended a concomitant 21 days to Thursday, December 20, 2018.
IT IS RESPECTFULLY REQUESTED AND SO STIPULATED.
ORDER
The Court, having considered the parties' Joint Stipulation and Request to Modify Scheduling Order, and good cause appearing therefore, hereby modifies the Scheduling Order as follows:
Event Existing Date New Date
Expert Discovery Deadline October 12, 2018 November 2, 2018
Last Day to Hear Dispositive November 29, 2018 December 21, 2018 at
Motions 10:00 AM in Courtroom 3.
IT IS SO ORDERED.
