Tumbling v. Merced Irrigation District

Filing 48

STIPULATION and ORDER to extend deadlines: Non-expert depositions to be completed by 2/15/2010; Disclosure of all expert witnesses to be submitted by 3/19/2010; All supplemental experts to be disclosed by 4/19/2010; Expert discovery to be completed b y 5/14/2010; Dispositive Motions due by 7/23/2010, Hearing 9/14/2010; Non-Dispositive Motions due by 6/1/2010; Hearing 6/25/2010; Jury Trial set for 1/11/2011 at 09:00 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill; Pretrial Conference set for 11/1/2010 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. signed by Magistrate Judge Dennis L. Beck on 12/2/2009. (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, vs. Plaintiff, No. 1:08-CV-01801 LJO DLB JOINT STIPULATION FOR EXTENSION OF LITIGATION DEADLINES AND SCHEDULING ORDER

Merced Irrigation District, a public entity, Defendant.

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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] SCHEDULING ORDER

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LaMonte Tumbling ("Plaintiff") and Merced Irrigation District ("Defendant"), by and through their respective attorneys of record, hereby stipulate to and request the Court enter a scheduling order revising the amended scheduling order entered by this court on October 23, 2009 (See Joint Stipulation and Order attached as Exhibit A). The revisions to the scheduling order are as follows: (a) Extend the completion date for the taking of non-expert depositions by 60 days from December 15, 2009 to February 15, 2010. (The deadline for all other non-expert discovery expired on October 30, 2009.) (b) Extend all other current scheduling deadlines by 60 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. Good cause exists to extend the current litigation deadlines by 60 days in light of: (a) The difficulty the parties are having scheduling depositions prior to the December 15, 2009 deadline. This difficulty is exacerbated by the fact that the parties entered the following stipulation in their Joint Scheduling Report: "Depositions for . . . MID managers, supervisors and decision makers two days per deponent, maximum of 7 hours per day."; (b) The pending holiday season; and (c) The parties' dispute over the deposition of defendant's Person Most Knowledge on various matters, which is the subject of a motion to be heard by this court on December 10, 2009. 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) Non-expert depositions to be completed on or before February 15, 2010. Written disclosure of all expert witnesses to be submitted on or before March 19, 2010 All supplemental experts to be disclosed by April 19, 2010 Expert discovery will be completed on or before May 14, 2010 All non-dispositive pre-trial motions shall be filed no later than June 1, 2010 All non-dispositive pre-trial motions shall be heard no later than June 25, 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] SCHEDULING ORDER

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DEAC_Signature-END:

(vii) (viii) (ix) (x) (xi) (xii)

All dispositive pre-trial motions shall be filed no later than July 23, 2010 All oppositions to dispositive pre-trial motions shall be filed no later than August 20, 2010 All replies to dispositive pre-trial motions shall be filed no later than September 3, 2010. All dispositive pre-trial motions shall be heard no later than September 14, 2010 The pre-trial conference date is now calendared for November 1, 2010. The trial date is now calendared for January 11, 2011.

Date: __December 1, 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: The foregoing is the order of the court. IT IS SO ORDERED. Dated:

December 2, 2009

UNITED STATES MAGISTRATE JUDGE 3b142a

/s/ Dennis

L. Beck

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] SCHEDULING ORDER