STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO PERMIT DEFENDANTS TO DESIGNATE KRISTOFFER HALL AS EXPERT WITNESS ON ECONOMIC DAMAGES DUE TO RETIREMENT OF DEFENDANTS' PREVIOUSLY DESIGNATED EXPERT WITNESS MARGO OGUS

MORRISON C. ENGLAND, JR., District Judge.

STIPULATION

Pursuant to Federal Rule of Procedure 16(b)(4) and Local Rules 143 and 144, plaintiff Tamara Evans ("plaintiff") and defendants California Commission on Peace Officer Standards and Training, Edmund Pecinovsky and Anne Johnston (collectively, "defendants") hereby stipulate and request the Court to modify the Pretrial Scheduling Order to permit defendants to designate Kristoffer M. Hall as an expert witness on economic damages in place of defendants' previously-designated expert witness on that subject, Margo Ogus. Good cause exists to modify the Pretrial Scheduling Order under Rule 16 for the following reasons.

The Court's most recent scheduling order required the parties to designate expert witnesses on or before September 27, 2017. See Document 69. On October 17, 2017, pursuant to Federal Rule of Civil Procedure 26(a)(2)(D)(ii), defendants timely filed a Rebuttal Expert Disclosure designating Margo Ogus to offer expert testimony about plaintiff's claimed economic losses in rebuttal to plaintiff's retained expert witness on that topic. See Document 76. Defendants' disclosure included Dr. Ogus's written report setting forth the opinions she would offer at trial. Id.

In mid-2019, Dr. Ogus advised defendants' counsel that she was retiring and winding up her firm, and therefore could not testify at the trial of this matter in May 2020. Defendants have since retained Kristoffer Hall, who concurs in the opinions expressed in Dr. Ogus's written report. Mr. Hall's trial testimony will express the opinions set forth in that report and he will not offer any additional or different opinions. Defense counsel has provided plaintiff's counsel with Mr. Hall's curriculum vitae and fee schedule, which are attached hereto as Exhibit A.

The parties have made three previous requests to extend discovery deadlines in this case.

The parties therefore stipulate and request that the Court order as follows:

1. To modify the Pretrial Scheduling Order to permit defendants to designate Kristoffer Hall as a retained expert witness in place of Margo Ogus to testify about plaintiff's claimed economic losses.

2. To order defendants to file a Supplemental Expert Witness Disclosure designating Mr. Hall in place of Dr. Ogus within five (5) court days of the Court's entry of the attached Order.

ORDER

IT IS SO ORDERED.