Filed: Oct. 30, 2013
Latest Update: Oct. 30, 2013
Summary: STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE AND EXTENDING EXPERT DISCOVERY MAXINE M. CHESNEY, District Judge. Plaintiff GEORGE LOCKETT ("Plaintiff") and Defendant THE UNITED STATES OF AMERICA ("Defendant") (collectively referred to as the "Parties") hereby submit the following Stipulation and Proposed Order Continuing Trial Date and Extending Expert Discovery: RECITALS AND STIPULATION WHEREAS percipient discovery is complete and the Parties are set to proceed to a three to five d
Summary: STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE AND EXTENDING EXPERT DISCOVERY MAXINE M. CHESNEY, District Judge. Plaintiff GEORGE LOCKETT ("Plaintiff") and Defendant THE UNITED STATES OF AMERICA ("Defendant") (collectively referred to as the "Parties") hereby submit the following Stipulation and Proposed Order Continuing Trial Date and Extending Expert Discovery: RECITALS AND STIPULATION WHEREAS percipient discovery is complete and the Parties are set to proceed to a three to five da..
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STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE AND EXTENDING EXPERT DISCOVERY
MAXINE M. CHESNEY, District Judge.
Plaintiff GEORGE LOCKETT ("Plaintiff") and Defendant THE UNITED STATES OF AMERICA ("Defendant") (collectively referred to as the "Parties") hereby submit the following Stipulation and Proposed Order Continuing Trial Date and Extending Expert Discovery:
RECITALS AND STIPULATION
WHEREAS percipient discovery is complete and the Parties are set to proceed to a three to five day bench trail on December 9, 2013 (with pretrial filings due on November 5, 2013); and
WHEREAS Plaintiff has retained only one expert to testify at trial, marine safety expert Captain Mitchell Stoller, and Plaintiff considers the need for such an expert to be critical to the fair presentation of his case at trial; and
WHEREAS Captain Stoller has suffered medical complications following surgery that have resulted in his doctors prohibiting him from working, including drafting reports, appearing for depositions; and testifying at trial; and
WHEREAS Captain Stoller is expected to make a full recovery and to be able to testify in this case, but he is not currently available for deposition, and he may well not be available at the time of the current December trial date; and
WHEREAS counsel for the United States have just returned to work after being off for the duration of the federal government shut down, and are severely back logged on other cases; and
WHEREAS the Parties are confident that the above problems will have been resolved by January of 2014, and are available for trial during most times in February and March of 2014:
WHEREFORE the Parties propose, stipulate and request that the Court continue the trial of this matter from December 9, 2013, to a date in late March or April of 2014, with expert discovery to be open until 60 days before trial, and the pretrial conference and filings to be set at the convenience of the Court.
SO STIPULATED.
[PROPOSED] ORDER
Having reviewed the Stipulation and Proposed Order Continuing Trial Date and Extending Expert Discovery, and finding that good cause exists to grant the relief requested, IT IS HEREBY ORDERED THAT:
1. The current expert discovery, pretrial and trial dates set by the Court are hereby VACATED; and
2. The following new dates are set:
A. Trial Date: April 14, 2013, at 9:00 a.m.
B. Pretrial Conference: April 1, 2014, at 3:00 p.m.
C. Pretrial Filings: Per Pretrial Prep. Order filed February 5, 2013
D. Expert Discovery Cut-off: February 14, 2013
