Serquina v. The Raymond Corporation

Filing 23

STIPULATION and ORDER to Amend First Amended Scheduling Conference Order, to Continue Trial Date signed by Magistrate Judge Gary S. Austin on 8/16/2010. Non-Expert Disclosure: 9/7/2010; Plaintiff Expert Disclosure: 9/14/2010; Defendant Expert Dis closure: 9/28/2010; Supplemental Expert Disclosure: 10/12/2010; Non-Expert Discovery Cut-Off: 11/19/2010; Expert Discovery Cut-Off: 11/19/2010; Non Dispositive Motion Deadline: 12/10/2010; Dispositive Motion Deadline: 12/31/2010; Settlement Conferenc e set for 2/28/2011 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin; Pretrial Conference set for 5/18/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial set for 6/28/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Esteves, C)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
P.O. BOX 28912 FRESNO, CA 93729-8912

Michael F. Ball, # 116328 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 Defendant THE RAYMOND CORPORATION

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT URBANO SERQUINA Plaintiffs, v. THE RAYMOND CORPORATION, and DOES 1 through 20, Defendants. Case No. 1:08-CV-01741 AWI GSA STIPULATION TO AMEND FIRST AMENDED SCHEDULING CONFERENCE ORDER, TO CONTINUE TRIAL DATE, AND ORDER THEREON Proposed New Dates: Discovery Deadlines: Non-Expert Disclosure: September 7, 2010 Expert Disclosure: Plaintiff: September 14, 2010 Defendant: September 28, 2010 Supp. Expert Disclosures: October 12, 2010 Non-Expert Disc. Cut-Off: November 19, 2010 Expert Disc. Cut-Off: November 19, 2010 Motion Deadlines: Non Dispositive: December 10, 2010 Dispositive: December 31, 2010 Settlement Conference: February 28, 2011 10:30 a.m., Judge Gary S. Austin Pre-Trial Conference: May 16, 2011 8:30 a.m., Judge Anthony W. Ishii Trial (Jury: 10 days): June 27, 2011 8:30 a.m., Judge Anthony W. Ishii

1:08-CV-01741 AWI CSA STIPULATION TO AMEND FIRST AMENDED SCHEDULING CONFERENCE ORDER

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
P.O. BOX 28912 FRESNO, CA 93729-8912

STIPULATION WHEREAS, Plaintiff URBANO SERQUINA and Defendant THE RAYMOND CORPORATION previously submitted a Mandatory Joint Scheduling Conference Report to the Court, and the Court, by Scheduling Conference Order issued January 20, 2009, established a schedule and trial date for the case; WHEREAS, this Court amended the initial Scheduling Conference Order on March 30, 2010, based on a stipulation by the parties. WHEREAS, Plaintiff and Defendant have not yet completed fact witness and expert discovery in the case; WHEREAS, Plaintiff and Defendant have agreed to extend the schedule set forth in the March 30, 2010 First Amended Scheduling Conference Order and continue the trial date as set forth in the (Proposed) Scheduling Order below. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, through their respective counsel of record, and they each request that the Court enter an order amending the March 30, 2010 First Amended Scheduling Conference Order to adjust the schedule in the case as follows: 1. The non-expert disclosure deadline shall be extended to September 7, 2010. 2. Plaintiff's expert disclosure deadline shall be extended to September 14, 2010. 3. Defendant's expert disclosure deadline shall be extended to September 28, 2010. 4. The supplemental expert disclosure deadline shall be extended to October 12, 2010. 5. The deadline for non-expert discovery shall be extended to November 19, 2010. 6. /// 2
1:08-CV-01741 AWI CSA STIPULATION TO AMEND FIRST AMENDED SCHEDULING CONFERENCE ORDER

The deadline for expert discovery shall be extended to November 19, 2010.

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
P.O. BOX 28912 FRESNO, CA 93729-8912

7.

The non-dispositive motion deadline shall be extended to December 10, 2010.

8. 9.

The dispositive motion deadline shall be extended to December 31, 2010. A Settlement Conference shall be held in this case at _______ on February ______, 2011 before The Honorable Gary S. Austin, Magistrate Judge.

10.

A Pre-Trial Conference shall be held in this case at ______ on May _____, 2011 before The Honorable Anthony W. Ishii, Judge.

11.

The Trial of this matter shall commence at _____ on June ____, 2011 before The Honorable Anthony W. Ishii, Judge.

Dated: August 12, 2010

LAW OFFICES OF EDWARD B. CHATOIAN

By: /s/ Edward B. Chatoian (as authorized on August 11, 2010) Edward B. Chatoian Attorney for Plaintiff URBANO SERQUINA Dated: August 12, 2010 McCORMICK, BARSTOW, SHEPPARD WAYTE & CARRUTH LLP

By:

/s/ Michael F. Ball Michael F. Ball Attorneys for Defendant THE RAYMOND CORPORATION

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1:08-CV-01741 AWI CSA STIPULATION TO AMEND FIRST AMENDED SCHEDULING CONFERENCE ORDER

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
P.O. BOX 28912 FRESNO, CA 93729-8912

SECOND AMENDED SCHEDULING CONFERENCE ORDER The parties having so stipulated and agreed and good cause appearing, the March 30, 2010 First Amended Scheduling Conference Order is hereby amended as follows: 1. 2. 3. 4. The non-expert disclosure deadline shall be extended to September 7, 2010. Plaintiff's expert disclosure deadline shall be extended to September 14, 2010. Defendant's expert disclosure deadline shall be extended to September 28, 2010. The supplemental expert disclosure deadline shall be extended to October 12, 2010. 5. 6. 7. 8. 9. The deadline for non-expert discovery shall be extended to November 19, 2010. The deadline for expert discovery shall be extended to November 19, 2010. The non-dispositive motion deadline shall be extended to December 10, 2010. The dispositive motion deadline shall be extended to December 31, 2010. A Settlement Conference shall be held in this case at 10:30 a.m. on February 28, 2011 before The Honorable Gary S. Austin, Magistrate Judge. 10. A Pre-Trial Conference shall be held in this case at 8:30 a.m. on May 18, 2011* before The Honorable Anthony W. Ishii, Judge. 11. The Trial of this matter shall commence at 8:30 a.m. on June 28, 2011* before The Honorable Anthony W. Ishii, Judge. *As Chief Judge Anthony W. Ishii hears pretrial conferences Wednesdays through Fridays and begins trials on Tuesdays, the Pre-Trial Conference date is set for May 18, 2011, instead of May 16, 2011 as stipulated, and Trial date is set for June 28, 2011, instead of June 27, 2011 as stipulated.

IT IS SO ORDERED.

Date: August 16, 2010

/s/ Gary S. Austin Gary S. Austin U.S. Magistrate Judge 4

1:08-CV-01741 AWI CSA STIPULATION TO AMEND FIRST AMENDED SCHEDULING CONFERENCE ORDER