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Lopez v. County of Kern, 1:17-CV-00864-AWI-JLT. (2018)

Court: District Court, E.D. California Number: infdco20181126823 Visitors: 6
Filed: Nov. 21, 2018
Latest Update: Nov. 21, 2018
Summary: STIPULATION TO MODIFY THE SCHEDULING ORDER; [PROPOSED] ORDER JENNIFER L. THURSTON , Magistrate Judge . BY AND BETWEEN THE PARTIES TO THIS ACTION, THROUGH THEIR COUNSEL OF RECORD: This stipulation is entered into by and between the plaintiffs and the defendants, by and through their respective counsel to modify the Scheduling Order in this matter, by continuing all dates by approximately forty-five (45) days. 1. As set forth in the attached declaration of Marshall S. Fontes, the part
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STIPULATION TO MODIFY THE SCHEDULING ORDER; [PROPOSED] ORDER

BY AND BETWEEN THE PARTIES TO THIS ACTION, THROUGH THEIR COUNSEL OF RECORD:

This stipulation is entered into by and between the plaintiffs and the defendants, by and through their respective counsel to modify the Scheduling Order in this matter, by continuing all dates by approximately forty-five (45) days.

1. As set forth in the attached declaration of Marshall S. Fontes, the parties have completed all non-expert discovery and have designated and exchanged expert Rule 26 reports. The parties also scheduled a mediation of the matter before Hon. Carla M. Woerhle for the entire day of December 7, 2018, with a firm commitment to resolving the matter without the need for further time and expense in litigating the matter, including taking the depositions of experts who are located as far away as Idaho. However, due to the hospitalization and critical condition of defense counsel's mother, as set forth in the supporting declaration, the mediation has been forced to be rescheduled for January 17, 2019. Based upon these circumstances, the parties believe that good cause exists for the requested short continuance of all dates in order to permit possible resolution of the matter without the necessity of further time, cost and expense to the parties and this court in the ongoing litigation of this matter.

2. Based on the forgoing, the parties agree through counsel to amend the scheduling order as follows:

Deadline: Currently: Proposed: Expert Discovery Cut Off: 12/28/18 2/11/19 Non Dispositive Motion Filing: 1/18/19 3/1/19 Non-Dispositive Motions: 2/15/19 3/29/19 Dispositive Motion Filing: 3/8/19 4/19/19 Dispositive Motions: 4/22/19 6/3/19 Pre-Trial Conference: 6/13/19 7/25/19 Trial: 8/13/19 9/24/19

3. Additionally, the Court has scheduled a Mandatory Settlement Conference in this matter on January 7, 2019. In light of the current mediation scheduled for January 17, 2019, the parties request that the settlement conference be vacated.

NOW THEREFORE, IT IS HEREBY STIPULATED by the Parties that the Scheduling Order be modified as set forth above.

ORDER

The Court GRANTS in PART the stipulation to amend the case schedule as follows:

1. All expert discovery SHALL be completed no later than February 1, 2019;

2. Any non-dispositive motions SHALL be filed no later than February 8, 2019 and heard no later than March 8, 2019;

3. The settlement conference scheduled for January 7, 2019 is vacated.

No other modifications to the case schedule are authorized.

IT IS SO ORDERED.

Source:  Leagle

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