Filed: Jul. 03, 2019
Latest Update: Jul. 03, 2019
Summary: STIPULATION AND AMENDED ORDER RE MODIFICATION OF SCHDULING ORDER BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff HERARDO D. MARTINEZ ("Plaintiff"), by and through his attorney of record, Thornton Davidson, and Defendants COUNTY OF FRESNO and ANITA HARPER ("Defendants"), by and through their attorney of record, Michelle Pepper, stipulate as follows: A. Pursuant to the Court's Minute Order on June 18, 2019, the parties met and conferred regarding modification of the scheduling orde
Summary: STIPULATION AND AMENDED ORDER RE MODIFICATION OF SCHDULING ORDER BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff HERARDO D. MARTINEZ ("Plaintiff"), by and through his attorney of record, Thornton Davidson, and Defendants COUNTY OF FRESNO and ANITA HARPER ("Defendants"), by and through their attorney of record, Michelle Pepper, stipulate as follows: A. Pursuant to the Court's Minute Order on June 18, 2019, the parties met and conferred regarding modification of the scheduling order..
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STIPULATION AND AMENDED ORDER RE MODIFICATION OF SCHDULING ORDER
BARBARA A. McAULIFFE, Magistrate Judge.
Plaintiff HERARDO D. MARTINEZ ("Plaintiff"), by and through his attorney of record, Thornton Davidson, and Defendants COUNTY OF FRESNO and ANITA HARPER ("Defendants"), by and through their attorney of record, Michelle Pepper, stipulate as follows:
A. Pursuant to the Court's Minute Order on June 18, 2019, the parties met and conferred regarding modification of the scheduling order to determine whether a stipulation resolving Plaintiff's Motion to Amend the Scheduling Order could be reached.
B. The parties were unable to stipulate that Plaintiff has good cause to amend the existing Scheduling Order.
C. Nonetheless, in the event the Court finds good cause as set forth in the Declaration of Thornton Davidson, the parties stipulate the following dates:
Expert Disclosures: August 15, 2019
Supplemental Expert Disclosure: September 16, 2019
Non-Expert Discovery Cut Off: January 15, 2020
Expert Discovery Cut Off: February 21, 2020
Pre-Trial Motion Filing Deadline: April 20, 2020
Settlement Conference: TBD
Pre-Trial Conference: Date:__________
Time:__________
Dept.: _________
Jury Trial: June 15, 2020
Dated: June 20, 2019 THORNTON DAVIDSON, P.C.
Thornton Davidson,
Attorney for Respondent-Plaintiff
HERARDO D. MARTINEZ
Dated: June 20, 2019. STAMMER, McKNIGHT, BARNUM & BAILEY LLP
Michelle Pepper, Attorneys for Defendants,
COUNTY OF FRESNO, ANITA HARPER
ORDER
Pursuant to the stipulation of the parties, good cause appearing and based upon the availability of judges to decide this case, the Court partially grants and partially denies the request to modify the Scheduling Order. IT IS HEREBY ORDERED that the Scheduling Order in this action is modified as follows:
1. Expert Disclosures: July 31, 2019
2. Supplemental Expert Disclosures: August 17, 2019
3. Non-Expert Discovery Cutoff: August 23, 2019
4. Expert Discovery Cutoff: September 26, 2019
5. Pretrial Motion Filing Deadline: October 15, 2019
6. Pretrial Conference: February 12, 20201
8:30 a.m.
Dept: 4 (LJO)
7. JuryTrial: April 14, 2020
8:30 a.m.
Dept: 4 (LJO)
The parties are advised that further requests for continuances on the basis of counsel's lack of preparation will be looked upon with disfavor and no further extensions or modifications of the deadlines in this case will be granted absent a demonstrated showing of good cause. IT IS FURTHER ORDERED that, in light of the parties' stipulation, the hearing on Plaintiff's motion to modify the Scheduling Order filed June 14, 2019 (Doc. No. 18), currently set for July 19, 2019, is VACATED and the motion is DENIED as moot.
IT IS SO ORDERED.
