Mills v. Family Healthcare Network, et al.

Filing 27

STIPULATION and ORDER TO EXTEND DISCOVERY DATES - The date for plaintiff to make his disclosure of experts under Rule 26(a)(2) shall be continued to 10/15/2010; The date for the United States disclosure of experts under Rule 26(a)(2) shall be continu ed to 12/1/2010; The deadline for completion of all discovery shall be continued to 2/15/2011; The deadline for filing a discovery motion shall be continued to 2/15/2011, with the last date to have a motion heard 3/18/2011, and all remaining pretrial dates shall remain as set by the Court in its 12/7/2009 Order. Order signed by Magistrate Judge Dennis L. Beck on 9/9/2010. (Hernandez, M)

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DANIEL R. BARADAT SBN 068651 DANIEL C. STEIN SBN 250102 BARADAT & PABOOJIAN, INC. ATTORNEYS AT LAW 720 West Alluvial Avenue Fresno, California 93711 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff(s): CALEB A. MILLS a minor, by and through his Guardian ad Litem, JACOB C. MILLS IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CALEB A. MILLS, a minor, by and through his CASE NO. 1:09-cv-00900-LJO-DLB Guardian ad Litem, JACOB C. MILLS, STIPULATION TO EXTEND Plaintiff, DISCOVERY DATES; [PROPOSED] ORDER v. THE UNITED STATES OF AMERICA, Defendant.

Plaintiff Caleb A. Mills, a minor by and through his guardian ad litem Jacob C. Mills, and Defendant the United States of America, through their respective counsel, hereby submit the following stipulation to extent discovery dates and request modification of the Court's scheduling order pursuant to Rule 16 of the Federal Rules of Civil Procedure. Recitals 1. On December 7, 2009, this Court's Scheduling Order set the following dates for the

completion of discovery, including expert discovery: Plaintiff's Expert Disclosures: Defendant's Expert Disclosures: Discovery Cut-off: Last date to file Discovery Motion: Last date to have Discovery Motions heard: August 2, 2010 September 15, 2010 November 15, 2010 November 15, 2010 December 17, 2010

tipulation to Extend Discovery Dates

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2. follows: · · · · · · 3.

On July 21, 2010, the parties submitted a Stipulation to Extend Discovery Dates as Plaintiff's Expert Disclosures: September 15, 2010 Defendant's Expert Disclosures: November 1, 2010 Discovery Cut-off: January 15, 2011 Last date to file Discovery Motion: January 15, 2011 Last date to have Discovery Motions heard: February 18, 2011 All remaining pretrial dates shall remain as set by the Court in its December 7, 2009 Order. The parties have worked diligently to complete discovery, including participating in

written discovery, and serving subpoenas on third parties. To date, the United States has taken the depositions of Jacob and Heather Mills, who are the parents of Plaintiff, and taken approximately nine additional depositions of medical providers involved in the care and treatment of Plaintiff. Plaintiff has also taken the deposition of approximately four medical providers from the federally-funded and insured healthcare clinic, and the parties are in the process of finalizing the depositions of at least a few additional medical providers, one of which was the treating physician at Valley Children's Hospital who diagnosed Plaintiff's Asplenia. 4. Due to the limited availability of the medical providers, as well as of counsel, many of

their depositions could not be completed until late September 2010, which is after the date Plaintiff's expert disclosures are due and the anticipated depositions will likely affect the opinions of the parties' respective experts. 5. The parties have met and conferred and agree concluding the depositions of Plaintiff's

treating physicians prior to Plaintiff's expert disclosure will further the expedient resolution of this matter, including avoiding the need to prepare supplemental expert disclosures by both sides. 6. The parties do not seek or wish to change any remaining dates, including dates for

dispositive motions, pretrial conference, or trial. Stipulation Accordingly, based upon the foregoing, the parties hereby STIPULATE that: 1. The date for Plaintiff to make his disclosure of experts under Rule 26(a)(2) shall be

continued to October 15, 2010; 2. The date for the United States's disclosure of experts under Rule 26(a)(2) shall be

continued to December 1, 2010;
tipulation to Extend Discovery Dates

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3. 4.

The deadline for completion of all discovery shall be continued to February 15, 2011; The deadline for filing a discovery motion shall be continued to February 15, 2011, with

the last date to have a motion heard March 18, 2011; and 5. All remaining pretrial dates shall remain as set by the Court in its December 7, 2009 Order.

IT IS SO STIPULATED. DATED: September 8, 2010 By: BENJAMIN B. WAGNER United States Attorney /s/ Todd A. Pickles______________ TODD A. PICKLES Assistant United States Attorney Attorneys for Defendant the United States of America DATED: September 8, 2010 By: BARADAT & PABOOJIAN, INC. /s/ Daniel R. Baradat DANIEL R. BARADAT DANIEL C. STEIN Attorneys for Plaintiffs

tipulation to Extend Discovery Dates

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tipulation to Extend Discovery Dates
DEAC_Signature-END:

ORDER Having read and considered the parties' Stipulation to Extend Discovery Dates, and for good cause showing under Rule 16 of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED THAT: 1. The dates for completion of discovery, including expert discovery, shall be CONTINUED

to the dates set forth in the stipulation above; and 2. All remaining pretrial dates set by this Court's December 7, 2009 Scheduling Order shall

remain UNCHANGED. IT IS SO ORDERED. Dated:

September 9, 2010

UNITED STATES MAGISTRATE JUDGE 3b142a

/s/ Dennis

L. Beck

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