Sons v. McManis

Filing 55

STIPULATION and ORDER to Modify Scheduling Order signed by Magistrate Judge Gary S. Austin on 7/28/2010. Dispositive Motions filed by 1/14/2011; Non-Dispositive Motions filed by 1/14/2011. Pretrial Conference set for 3/10/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Jury Trial set for 5/10/2011 at 08:30 AM in Courtroo m 2 (AWI) before Chief Judge Anthony W. Ishii. (Sant Agata, S)

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BARRY L. GOLDNER, State Bar No. 107126 DUSTIN S. DODGIN, State Bar No. 245497 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 4550 California Avenue, Second Floor Bakersfield, California 93309 P.O. Box 11172 Bakersfield, California 93389-1172 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant, JAMES McMANUS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO BRUCE SONS, an individual, Plaintiff, v. JIM MCMANIS, Defendants. Case No. 1:08-CV-00840-AWI-GSA [Complaint Filed: 6/13/2008] Hon. Anthony W. Ishii, U.S. District Judge Hon. Gary S. Austin, U.S. Magistrate Judge STIPULATION TO MODIFY SCHEDULING ORDER; ORDER ON SAME Trial Date: December 7, 2010

Plaintiff, BRUCE SONS ("Sons"), and defendant, JIM MCMANUS ("McManus"), through their respective attorneys of record, respectfully submit the following Stipulation to Modify the November 5, 2009 Scheduling Order of United States Magistrate Judge Gary S. Austin (the "Scheduling Order," Exhibit A), under Rule 16(b)(4) of the Federal Rules of Civil Procedure: 1. McManus filed a Motion for Summary Judgment on June 30, 2010, which is

scheduled for hearing on August 23, 2010. 2. In light of the dispositive nature of McManus's Motion for Summary Judgment

and the possibility that a ruling on McManus's Motion could dispose of this case, the Parties have agreed to continue the dates or extend the cutoffs set forth in the Scheduling Order in Sections VI (Discovery Plan and Cut-Off Dates), VII (Pre-Trial Motion Schedule), VIII (PreTrial Conference Date), and IX (Trial Date), as follows:
08cv840.Sons.OreStipModifySchedConfOrder.sh.doc

CERTIFICATE OF SERVICE

PDF created with pdfFactory trial version www.pdffactory.com

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08cv840.Sons.OreStipModifySchedConfOrder.sh.doc

Current Dates Discovery Deadlines Non-Expert Expert Disclosure Supp. Expert Disclosure Expert Discovery Motion Deadlines Non-dispositive Dispositive Settlement Conference Pre-Trial Conference Friday, Aug. 27, 2010 Friday, Sept. 27, 2010 None set at this time October 28, 2010 Friday, July 9, 2010 Friday, July 16, 2010 Friday, July 30, 2010 Friday, Aug. 20, 2010

Proposed Dates

Friday, Oct. 22, 2010 Friday, Dec. 3, 2010 Friday, Dec. 10, 2010 Friday, Jan. 7, 2011

Friday, Jan. 14, 2011 Friday, Feb. 4, 2011 N/A

March 10, 2011, or a later date according to the Court's Availability April 19, 2011, or a later date according to the Court's availability

Trial

December 7, 2010

IT IS SO STIPULATED. DATED: July 16, 2010 KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP By: /s/ Dustin S. Dodgin, Esq. DUSTIN S. DODGIN Attorneys for Defendant, JAMES McMANUS DATED: July 16, 2010 LAW OFFICES OF RANDALL M. RUMPH By: /s/ Randall M. Rumph, Esq. RANDALL M. RUMPH Attorneys for Plaintiff, BRUCE SONS

CERTIFICATE OF SERVICE

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The Court has considered the parties' foregoing stipulation. The Stipulation is GRANTED IN PART and DENIED IN PART. The Scheduling Order IS HEREBY MODIFIED as follows: Current Dates Discovery Deadlines Non-Expert Expert Disclosure Supp. Expert Disclosure Expert Discovery Motion Deadlines Non-dispositive Dispositive Settlement Conference Pre-Trial Conference Trial Friday, Aug. 27, 2010 Friday, Sept. 27, 2010 None set at this time October 28, 2010 December 7, 2010 Friday, Jan. 14, 2011 Friday, Jan. 14, 2011 N/A Friday, July 9, 2010 Friday, July 16, 2010 Friday, July 30, 2010 Friday, Aug. 20, 2010 Friday, Oct. 22, 2010 Friday, Dec. 3, 2010 Friday, Dec. 10, 2010 Friday, Jan. 7, 2011 Proposed Dates

March 10, 2011, at 8:30 a.m. in Courtroom 2 May 10, 2011, at 8:30 a.m. in Courtroom 2

IT IS SO ORDERED. Dated: July 28, 2010 /s/ Gary S. Austin United States Magistrate Judge

08cv840.Sons.OreStipModifySchedConfOrder.sh.doc

CERTIFICATE OF SERVICE

PDF created with pdfFactory trial version www.pdffactory.com