McNally et al v. Eye Dog Foundation for the Blind, Inc. et al

Filing 76

ORDER re Defendants' second amended motion to continue trial and related dates. Deadline to file motion for leave to amend answer 10/18/2010. Deadline to file motion for leave to file a counter-claim, 10/18/2010. Deadline to file opposition to motion for leave to amend answer 10/22/2010. Deadline to file Opposition to Motion for Leave to File a Counter-Claim 10/28/2010. Deadline for Plaintiffs to Show Cause why Entry of Default against Eye Dog Foundation, Inc., should not be set aside 1 0/21/2010. Deadline to file Defendants Response to OSC re Entry of Default against Eye Dog Foundation, Inc. 10/27/2010. Deadline to file Plaintiffs Reply to OSC re Entry of Default against Eye Dog Foundation, Inc. 11/1/2010. Designation of Expert W itnesses due by 11/24/2010. Supplemental Expert Witness Disclosure deadline 12/1/2010. Non-Expert discovery due by 12/13/2010. Expert Discovery cut-off 12/17/2010. Hearing on Plaintiffs Motion for Summary Judgment 12/20/2010. Non-Dispositive Mot ions filed by 12/21/2010. Settlement Conference remains set for 1/11/2011 at 10:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. January 19, 2011 Non-Dispositive Motion hearing deadline. Dispositive Motions filed by 1/28/2011, w ith a hearing date no later than March 7, 2011. Pretrial Conference currently set for 2/4/2011 is CONTINUED to 4/27/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Jury Trial currently set for 3/15/2011 is CONTI NUED to 6/14/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. FURTHER: (1) The Court orders that if any new discovery forces Plaintiffs to re-file their Motion for Summary Judgment (no later than January 28, 2011), Plain tiffs may ask the Court for their attorneys' fees and costs associated with amending and re-filing the Motion at Defendants' expense; (2) The Parties are to meet and confer prior to the deadline in which Plaintiffs must Show Cause why the E ntry of Default against Eye Dog Foundation for the Blind, Inc. should not be set aside; and (3) Eye Dog Foundation, Inc., is prohibited from participating until the Default is set aside. Order signed by Magistrate Judge Sheila K. Oberto on 10/18/2010. (Timken, A)

McNally

et

al

v.

Eye

Dog

Foundation

for

the

Blind,

Inc.

et

al

Doc.

76

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. EYE DOG FOUNDATION FOR THE BLIND, INC.; EYE DOG FOUNDATION PROFIT SHARING PLAN; GWEN BROWN, an individual, and DOES 1 THROUGH 50, Defendants. Date: October 15, 2010 MONTRY MCNALLY; RUBY BELL; and KENNETH BALES, Plaintiffs, CASE NO.: 1:09-CV-01184-AWI-SKO ORDER RE DEFENDANTS' SECOND AMENDED MOTION TO CONTINUE TRIAL AND RELATED DATES UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

Defendant's Second Amended Motion to Continue Trial and corresponding Cutoff and Hearing Dates set forth in Scheduling Conference Order dated October 22, 2009, came on for hearing on October 13, 2010. The Court made the following modifications to the Scheduling Conference Order dated October 22, 2009: October 18, 2010 October 18, 2010 October 22, 2010 Deadline to file Motion for Leave to Amend Answer Deadline to file Motion for Leave to File a Counter-Claim Deadline to file Opposition to Motion for Leave to Amend Answer -1-

Dockets.Justia.com

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October 28, 2010

Deadline to file Opposition to Motion for Leave to File a Counter-Claim

October 21, 2010

Deadline for Plaintiffs to Show Cause why Entry of Default against Eye Dog Foundation, Inc., should not be set aside

October 27, 2010

Deadline to file Defendants' Response to OSC re Entry of Default against Eye Dog Foundation, Inc.

November 1, 2010

Deadline to file Plaintiffs Reply to OSC re Entry of Default against Eye Dog Foundation, Inc.

November 24, 2010 December 1, 2010 December 13, 2010 December 17, 2010 December 20, 2010 December 21, 2010 January 11, 2011 January 19, 2011 January 28, 2011

Expert Witness Disclosure cut-off. Supplemental Expert Witness Disclosure deadline Non-Expert Discovery cut-off Expert Discovery cut-off Hearing on Plaintiffs' Motion for Summary Judgment Non-Dispositive Motion filing deadline Settlement Conference before Magistrate Judge Oberto Non-Dispositive Motion hearing deadline Dispositive Motion filing deadline; with a hearing date no later than March 7, 2011.

April 27, 2011

Final Pretrial Conference at 8:30 a.m. before Judge Ishii -2-

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DEAC_Signature-END:

June 14, 2011

Trial Date 8:30 a.m.

FURTHER: (1) The Court orders that if any new discovery forces Plaintiffs to re-file their Motion for Summary Judgment (no later than January 28, 2011), Plaintiffs may ask the Court for their attorneys' fees and costs associated with amending and re-filing the Motion at Defendants' expense; (2) The Parties are to meet and confer prior to the deadline in which Plaintiffs must Show Cause why the Entry of Default against Eye Dog Foundation for the Blind, Inc. should not be set aside; and (3) Eye Dog Foundation, Inc., is prohibited from participating until the Default is set aside. APPROVED AS TO FORM AND CONTENT

DATED: October 15, 2010

Ralph E. Harrison, II. Attorney At Law /s/ Ralph E. Harrison, II. Attorneys for Defendants

DATED: October 15, 2010

McCormick, Barstow, Sheppard, Wayte & Carruth, LLP /s/ Devon R. McTeer Attorneys for Plaintiffs

IT IS SO ORDERED. Dated:

October 18, 2010

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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