Tumbling v. Merced Irrigation District

Filing 42

ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER - Non Expert Depositions to be completed on or before 12/15/2009, Written Disclosure of all expert witnesses to be submitted on or before 1/18/2010, Supplemental experts to be disclosed 2/18/2010, Expert Discovery completed by 3/15/2010, Non-Dispositive Motions due by 4/2/2010, hearing no later than 4/26/2010, Dispositive Motions due by 5/24/2010, hearing no later than 7/16/2010, Oppositions to dispositive motions due by 6/21/2010, Reply due by 7/5/2 010, Pretrial Conference set for 9/2/2010 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill, Jury Trial set for 11/8/2010 at 09:00 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. signed by Magistrate Judge Dennis L. Beck on 10/23/2009. (Hernandez, M)

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Lawrence D. Murray (SBN 77536) MURRAY & ASSOCIATES 1781 Union Street San Francisco, CA 94123 Tel: [phone] Fax: [phone] Dean Gordon (SBN 61311) LAW OFFICES OF DEAN GORDON 1220 East Olive Avenue Fresno, CA 93728 Tel: [phone] Fax: [phone] ATTORNEYS FOR PLAINTIFF LAMONTE TUMBLING DALEY & HEFT, ATTORNEYS AT LAW Neal S. Meyers, Esq.(SBN 109625) Matthew T. Racine, Esq. (SBN 256865) 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 Tel: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANT, MERCED IRRIGATION DISTRICT

UNITED STATES DISTRICT COURT Eastern District of California Fresno Division
LaMonte Tumbling, Plaintiff, vs. Merced Irrigation District, a public entity, Defendant. No. 1:08-CV-01801 LJO DLB JOINT STIPULATION AND ORDER TO MODIFY THE PRE-TRIAL SCHEDULING ORDER

Tumbling vs. Merced Irrigation District Page 1 United States District Court, Eastern District of California, Fresno Division, Case No. 1:08-CV-01801 LJO DLB
JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY THE PRE-TRIAL SCHEDULING ORDER

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LaMonte Tumbling ("Plaintiff") and Merced Irrigation District ("Defendant"), by and through their respective attorneys of record, hereby stipulate and request the Court to modify the Pre-Trial Scheduling Order as follows: (a) Extend the completion date for the taking of non-expert depositions to December 15, 2009. All other non-expert discovery will end on the currently scheduled deadline of October 30, 2009. (b) Extend all other scheduling deadlines by 45 days including: deadline for disclosing initial and supplemental experts; deadline for filing and hearing non-dispositive motions; deadline for filing and hearing dispositive motions; date for pre-trial conference; and trial date. (Initial Scheduling Order attached as Exhibit A). Good cause exists to extend the initial Scheduling Order dates by 45 days in light of the October 13, 2009 order issued from this Court instructing Defendant to produce further documents to Plaintiff by November 2, 2009. The extension of the identified dates will allow sufficient time for the parties to review the forthcoming documents and engage in a more efficient and informed deposition process. An order granting the requested extension will also allow both parties to better understand the true nature of the supporting evidence underlying the allegations and defenses at issue in this case, which will be significant in the formulation of opinions of the various experts, as well as the drafting and arguments surrounding the dispositive motions. For these reasons, the parties respectfully request the Court modify the Pre Trial Scheduling Order so that it conforms to the foregoing new dates: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Non-expert depositions to be completed on or before December 15, 2009 Written disclosure of all expert witnesses to be submitted on or before January 18, 2010 All supplemental experts to be disclosed by February 18, 2010 Expert discovery will be completed on or before March 15, 2010 All non-dispositive pre-trial motions shall be filed no later than April 2, 2010 All non-dispositive pre-trial motions shall be heard no later than April 26, 2010. All dispositive pre-trial motions shall be filed no later than May 24, 2010 All oppositions to dispositive pre-trial motions shall be filed no later than June 21, 2010 All replies to dispositive pre-trial motions shall be filed no later than July 5, 2009 All dispositive pre-trial motions shall be heard no later than July 16, 2010 The pre-trial conference date is now calendared for September 2, 2010

Tumbling vs. Merced Irrigation District Page 2 United States District Court, Eastern District of California, Fresno Division, Case No. 1:08-CV-01801 LJO DLB
JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY THE PRE-TRIAL SCHEDULING ORDER

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DEAC_Signature-END:

(xii)

The trial date is now calendared for October 26, 2010*

Date: October 16, 2009 MURRAY & ASSOCIATES /s/ Lawrence D. Murray Lawrence D. Murray Attorney for Plaintiff DALEY & HEFT /s/ Neal S. Meyers Neal S. Meyers Attorney for Defendant

ORDER ON STIPULATION FOR ORDER HAVING READ AND CONSIDERED THE FOREGOING, and good cause appearing: *Except that the trial date shall be November 8, 2010.

IT IS SO ORDERED. Dated:

October 23, 2009

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE
3b142a

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Tumbling vs. Merced Irrigation District Page 3 United States District Court, Eastern District of California, Fresno Division, Case No. 1:08-CV-01801 LJO DLB
JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY THE PRE-TRIAL SCHEDULING ORDER