Danny Rodriguez v. Frito-Lay, Inc.

Filing 20

STIPULATION and ORDER to Alter The Scheduling Order signed by Magistrate Judge Gary S. Austin on 2/24/2010. The stipulation is adopted IN PART. (Esteves, C)

1 McCLELLAND LAW OFFICES, APC W. ROD McCLELLAND, JR., Cal Bar No. 179771 2 2273 E. Beechwood Avenue, Suite 103 Fresno, California 93720 3 Telephone: [phone] Facsimile: 559.322.2227 4 Attorney for Plaintiff 5 DANNY RODRIGUEZ 6 VILLARREAL HUTNER PC TRACY S. TODD, ESQ., Cal. Bar No. 172884 7 E-Mail: [e-mail] 575 Market Street, Suite 300 8 San Francisco, California 94105 Telephone: [phone] Facsimile: 415.512.7674 10 Attorney for Defendant FRITO-LAY, INC. (erroneously sued as 11 "FRITO LAY") 12 13 14 15 DANNY RODRIGUEZ, 16 17 v. Plaintiff, CASE NO. 1:09-cv-01380-AWI-GSA STIPULATION ORDER TO ALTER THE SCHEDULING ORDER TRIAL: October 19, 2010 TIME: 8:30 a.m. CTRM: #2 (8th Floor) GARY S. AUSTIN U.S. MAGISTRATE JUDGE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

18 FRITO LAY and DOES 1 TO 25, inclusive, 19 Defendants. 20 21 22 23 24

Pursuant to Federal Rule of Civil Procedure ("FRCP") 26(f) and the Court's

25 Scheduling Order, the parties, Plaintiff Danny Rodriguez ("Plaintiff") and Defendant Frito-Lay, 26 Inc. ("Frito-Lay") do hereby submit this Joint Stipulation and [Proposed] Order To Alter 27 Scheduling entered on October 14, 2009. 28 Currently, the non-expert discovery deadline is February 26, 2010. Because this is -1-

CASE NO. 1:09-cv-01380-AWI-GSA

JOINT STIPULATION AND [PROPOSED] ORDER TO ALTER THE SCHEDULING ORDER

1 a case that involves multiple health care providers who have either treated or evaluated Plaintiff 2 for the condition at issue in this case, the parties anticipate that the depositions of five to seven 3 health care providers may be necessary. The parties wish to extend the non-expert discovery 4 deadline solely for the purpose of deposing Plaintiff's treating or evaluating health care providers, 5 Roger Babb, Mike Castaneda, and Dale Clay. The discovery extension would not apply to any 6 other type of non-expert discovery, including other depositions or written discovery. The purpose 7 for this request is two-fold. Plaintiff's counsel is unavailable to attend any depositions of any of 8 the treating or evaluating health care providers or to take the depositions of three witnesses, Roger 9 Babb, Mike Castaneda, and Dale Clay, during the month of February, 2010. Plaintiff's counsel is 10 a solo practitioner and is currently opposing two separate motions for summary judgment. He is 11 scheduled to be in deposition or otherwise working on these matters for the entire month of 12 February. As such, he is unable to schedule or attend the deposition of any treating or evaluating 13 health care provider during the month of February. In addition, most health care providers charge 14 an hourly rate ranging from $350.00 to $600.00 per hour to appear for deposition. The parties 15 would like additional time to explore potential resolution of this case prior to incurring these 16 significant costs. As such, the parties respectfully request that the deadline for completing the 17 depositions of Plaintiff's treating and evaluating health care providers and of Roger Babb, Mike 18 Castaneda, and Dale Clay be continued until April 27, 2010, which is approximately 25 weeks 19 prior to the ordered trial date of October 19, 2010. 20 Similarly, the parties wish to continue the deadlines relating to expert discovery for the

21 same reasons. Currently, expert disclosures are due on March 5, 2010, supplemental expert 22 disclosures are due on March 26, 2010, and expert discovery closes on April 30, 2010. The parties 23 respectfully request these deadlines be continued until March 26, 2010, April 16, 2010, and May 24 21, 2010, respectively, which are approximately more than 4 weeks prior to the ordered 25 Dispositive Motion Deadline of June 18, 2010. The parties further agree that the disclosure of 26 expert testimony under FRCP 26(a)(2)(c)(i) should be 30 days prior to trial (i.e., approximately 27 September 17, 2010), and rebuttal evidence under FRCP 26(a)(2)(c)(ii) should be 15 days prior to 28 trial (i.e., October 4, 2010). The parties further request that the date by which Defendant must -2CASE NO. 1:09-cv-01380-AWI-GSA

JOINT STIPULATION AND [PROPOSED] ORDER TO ALTER THE SCHEDULING ORDER

1 move to compel an independent mental examination of Plaintiff be continued until May 15, 2010. 2 Respectfully submitted, and 3 IT IS SO STIPULATED. 4 Dated: February 22, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 April 27, 2010, to conclude the depositions of Plaintiff's treating and evaluating health care providers and of witnesses Roger Babb, Dale Clay, and Mike Castaneda. For all other non-expert By _________/s/ Tracy S. Todd____________ TRACY S. TODD Attorney for Defendant, FRITO-LAY, INC. ORDER Upon the Court's review, the stipulation is adopted IN PART. The parties have until Dated: February 22, 2010 VILLARREAL HUTNER PC By ________/s/_W. Rod McClelland, Jr.______ W. ROD McCLELLAND, JR. Attorney for Plaintiff DANNY RODRIGUEZ McCLELLAND LAW OFFICES

19 discovery matters, the deadline of February 26, 2010, remains unchanged. Further, expert 20 disclosures are now due on March 26, 2010, supplemental expert disclosures are now due on April 21 16, 2010, and expert discovery closes on and May 21, 2010. Defendant must move to compel an 22 23 24 25 26 27 28
CASE NO. 1:09-cv-01380-AWI-GSA

independent mental examination of Plaintiff by May 15, 2010. IT IS SO ORDERED. DATED: February 24, 2010 /s/ Gary S. Austin THE HONORABLE GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE -3-

JOINT STIPULATION AND [PROPOSED] ORDER TO ALTER THE SCHEDULING ORDER