Tumbling v. Merced Irrigation District

Filing 66

ORDER FOR EXTENSION OF LITIGATION DEADLINES AND SCHEDULING ORDER - Extend the completion date for the taking of the non-expert deposition of Trudy Largent by 60 days from 2/15/2010 to 4/15/2010. To extend the completion date for the taking of the non-expert depositions of Cindy LaCava and Jem Brown by 30 days from 2/15/2010 to 3/17/2010. Order signed by Magistrate Judge Dennis L. Beck on 2/11/2010. (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 FOR EXTENSION OF LITIGATION DEADLINES AND SCHEDULING ORDER

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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 December 4, 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 the non-expert deposition of Trudy Largent by 60 days from February 15, 2010, to April 15, 2010. (b) Extend the completion date for the taking of the non-expert depositions of Cindy LaCava and Jem Brown by 30 days from February 15, 2010, to March 17, 2010. Good cause exists to extend the deposition discovery deadline for Trudy Largent by 60 days in light of: (a) The difficulty Plaintiff is having in obtaining the report conducted and submitted by Mrs. Largent regarding the complaints of harassment against Mr. Tumbling by Ms. Cindy LaCava and Ms. Linda Davidson. (b) MID is in possession of this report, yet it has not been produced to Plaintiff. Plaintiff is therefore prevented from preparing and conducting an informed and effective deposition of Trudy Largent until such time the report is produced. Good cause exists to extend the deposition discovery deadline for Cindy LaCava and Jem Brown by 30 days in light of: (a) The fact that Jem Brown lives in Wisconsin and, although the parties have started his

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deposition, his schedule has made it difficult to find sufficient time to complete his deposition. The parties do not believe the schedule of Mr. Brown and counsel for the parties will make it possible to complete his deposition before February 15, 2010. (b) The parties have begun the deposition of Cindy LaCava, but recent scheduling conflicts with other deponents have necessitated rescheduling Ms. LaCava's deposition. Counsel for the parties do not believe it will be possible to reschedule Ms. LaCava's deposition prior to February 15, 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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For these reasons, the parties respectfully request the Court modify the Pre Trial Scheduling Order so that it conforms to the foregoing new discovery cut-off dates for the deposition of Trudy Largen, Cindy LaCava, and Jem Brown. Date: __February 10, 2010

MURRAY & ASSOCIATES /s/ Lawrence D. Murray Lawrence D. Murray Attorney for Plaintiff

DALEY & HEFT /s/ . 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:
DEAC_Signature-END:

February 11, 2010

/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] SCHEDULING ORDER