Alvarado v. Darin M. Camarena Health Centers, Inc.

Filing 44

JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER, signed by Judge Oliver W. Wanger on 4/2/2009. (Expert Discovery due by 9/4/2009, Non-Expert Discovery due by 6/8/2009, Non-Dispositive Motions due by 9/11/2009, Dispositive Motion due by 10/16/2009, Disclosure of Supplemental Expert Witnesses due by 6/12/2009) (Scrivner, E)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Lawrence E. Wayte, # 032676-0 Kirsten K. Corey, # 210339 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Third-Party Defendant JOHN E. DINSMORE, M.D.

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LORENA S. ALVARADO, a minor, by and through her Guardian ad Litem LORENA ALVARADO, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. UNITED STATES OF AMERICA, Third-Party Plaintiff, v. CHILDREN'S HOSPITAL CENTRAL CALIFORNIA; JOHN E. DINSMORE, M.D.; DAVID HODGE, M.D.; and JILL GHANBARIAN, FNP, Third-Party Defendant. /// /// /// /// ///

Case No. 1:06-cv-01381-OWW-DLB JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

The parties, acting by and through their respective attorneys of record, hereby agree and stipulate to amend the Scheduling Order in this matter. An extension of the deadlines is necessary to accommodate the schedules of witnesses and counsel. The parties do not seek to continue this action's trial date. The parties' agreement to a continuance of the discovery cut-off date, expert disclosure dates and other discovery cut-offs dates is based on good cause. Many of the witnesses are medical providers with limited availability for discovery purposes. One of the named

Defendants and treating physician, Dr. John Dinsmore, has relocated in Roanoke, Virginia and has limited availability. This extension is based the parties' need to complete the discovery necessary to prepare for the January 5, 2010 trial date, given the limited availability of the Defendant and other witnesses as discovered based on his deposition. Presently, Defendant, United States of America has noticed Dr. Dinsmore's deposition for April 15, 2009; however, Dr. Dinsmore is unavailable and cannot be produced in Fresno, California on this date. The parties have agreed to a deposition date of May 22, 2009, and wish that the below extensions be granted to accommodate not only the scheduling of Dr. Dinsmore's deposition, but also the request of Plaintiff and United States to have additional time after all fact discovery has been completed to then supplement their expert designations. As such, to accommodate all parties and still comply with the District court order for trial to begin on January 5, 2010, the parties hereby stipulate to the following deadlines:

Previous Date Non-Expert Discovery Cut-Off Plaintiff & United States Disclosure of Supplemental Expert Witnesses Expert Discovery Cut-Off Last day to File Non-Dispositive Motions Last Day to File Dispositive Motions April 17, 2009 April 3, 2009 June 26, 2009 July 24, 2009 September 11, 2009

Stipulated New Date June 8, 2009 June 12, 2009 September 4, 2009 September 11, 2009 October 16, 2009

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JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Motions shall be set on the first available date after the filing cut-off, allowing for timely service. The Settlement Conference scheduled for August 25, 2009, the Pretrial Conference scheduled for November 9, 2009, and the trial date of January 5, 2010, shall all still remain in effect, as well as other deadlines set forth in the Scheduling Conference Order filed September 22, 2008, unless otherwise approved by the Court. The parties respectfully request that the Court order the continuance of the dates described above, subject to the Court's approval. This Stipulation can be executed in counter parts. Dated: March _____, 2009 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By: Lawrence E. Wayte Attorneys for Third-Party Defendant JOHN E. DINSMORE, M.D. Dated: March _____, 2009 GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER

By: Steven J. Brewer Kerri A. Jaffe Attorneys for Plaintiff LORENA S. ALVARADO, a minor, by and through her Guardian ad Litem LORENA ALVARADO Dated: March _____, 2009 HABBAS, NASSERI & ASSOCIATES

By: Omar I. Habbas Attorneys for Plaintiff LORENA S. ALVARADO, a minor, by and through her Guardian ad Litem LORENA ALVARADO

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JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Dated: March _____, 2009

UNITED STATES ATTORNEY

By: Lawrence G. Brown, Acting U.S. Attorney Jeffrey J. Lodge, Assistant U.S. Attorney Attorneys for Defendant/Third Party Plaintiff UNITED STATES OF AMERICA Dated: March _____, 2009 STAMMER. McKNIGHT, BARNUM & BAILEY

By: Jerry Dennis Jones Attorneys for Third Party Defendant CHILDREN'S HOSPITAL OF CENTRAL CALIFORNIA and JILL GHANBARIAN, FNP Dated: March _____, 2009 McNAMARA DODGE NEY BEATTY SLATTERY AND PFALZER, LLP

By: Robert William Hodges Attorneys for Third Party Defendant DAVID HODGE, M.D.

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JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

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IT IS SO ORDERED. The Scheduling Order in this matter is amended as follows: Original Date Non-Expert Discovery Cut-Off Plaintiff & United States Disclosure of Supplemental Expert Witnesses Expert Discovery Cut-Off Last day to File Non-Dispositive Motions Last Day to File Dispositive Motions April 17, 2009 April 3, 2009 June 26, 2009 July 24, 2009 September 11, 2009 New Date June 8, 2009 June 12, 2009 September 4, 2009 September 11, 2009 October 16, 2009

Date:April 2, 2009

/s/ OLIVER W. WANGER U.S. DISTRICT COURT JUDGE

18802/00576-1372918.v1

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

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JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER

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