Sorrell v. Kel-Tec CNC Industries, Inc.

Filing 26

STIPULATION and Amended SCHEDULING ORDER signed by Magistrate Judge Gary S. Austin on 8/10/2010. Pretrial Conference CONTINUED from 2/10/2011 to 8/3/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial CONTINUED from 4/5/2011 to 9/13/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Esteves, C)

1 Lowell T. Carruth # 034065 McCormick, Barstow, Sheppard, 2 Wayte & Carruth LLP P.O. Box 28912 3 5 River Park Place East Fresno, CA 93720-1501 4 Telephone: [phone] Facsimile: [phone] 5 Christopher Renzulli (Pro hac vice) 6 John A. Tartaglia, III (Pro hac vice) Renzulli Law Firm, LLP 7 81 Main Street, Ste. 508 White Plains, NY 10601 8 Telephone: [phone] Facsimile: [phone] 9 Attorneys for Defendant 10 KEL-TEC CNC INDUSTRIES, INC. 11 Stuart R. Chandler #088969 Stuart Chandler Law Firm 12 761 East Locust Avenue, Suite 101 Fresno, CA 93720 13 Telephone: [phone] Facsimile: [phone] 14 Attorneys for Plaintiff JONATHAN SORRELL 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 24 25
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

JONATHON SORRELL, Plaintiff, v. KEL-TEC CNC INDUSTRIES, INC., Defendant.

No. 1:09-CV-01465-AWI-GSA STIPULATION AND AMENDED SCHEDULING ORDER CORRECTED AS TO SCHEDULING PREFERENCES

Defendant KEL-TEC CNC INDUSTRIES, INC. (hereinafter "Defendant") and Plaintiff

26 JONATHON SORRELL (hereinafter "Plaintiff"), by and through their undersigned counsel, and, 27 28
1 STIPULATION AND AMENDED SCHEDULING ORDER CORRECTED AS TO SCHEDULING PREFERENCES

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

pursuant to the Federal Rules of Civil Procedure and Local Rules 83-143 and 6-144, hereby stipulate and agree to amend the Scheduling Order (Doc. 17) as follows: VIII. Discovery Plan and Cut-Off Date The parties are ordered to complete all discovery pertaining to non-experts on or before December 10, 2010. Plaintiff is directed to disclosure all expert witnesses, in writing, on or before January 10, 2011. Defendant is directed to disclosure all expert witnesses, in writing, on or before February 11, 2011. The written designation of experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A) and (B) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court excluding the testimony or other evidence offered through such experts that are not disclosed pursuant to this order. The parties are directed to complete all expert discovery on or before April 11, 2011. The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions included in the designation. Failure to comply will result in the imposition of sanctions, which may include striking the expert designation and preclusion of expert testimony. IX. Pre-Trial Motion Schedule All non dispositive Pre-Trial Motions, including any discovery motions, shall be filed no later than April 25, 2011. In scheduling such motions, the parties shall comply with Local Rules 78-230 and 56-260. Counsel must comply with Local Rule 37-251 with respect to discovery disputes or the motions will be denied without prejudice and dropped from the calendar. In scheduling such motions, the Judge may grant applications for an order shortening time pursuant to Local Rule 6-142(d). However, if a party does not obtain an order shortening time, the notice of motion must comply with Local Rule 37-251. Counsel or pro se parties may appear and argue non-dispositive motions by telephone, provided a written request to do so is made to the Magistrate Judge's Courtroom Clerk no later
2 STIPULATION AND AMENDED SCHEDULING ORDER CORRECTED AS TO SCHEDULING PREFERENCES

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5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

than five (5) Court days before the noticed hearing date. In the event that more than one party requests to appear by telephone then it shall be the obligation of the moving part(ies) to arrange and originate a conference call to the Court. All Dispositive Pre-Trial Motions shall be filed no later than May 24, 2011, and heard in Courtroom 2 before the Honorable Anthony W. Ishii, Chief United States District Court Judge. In scheduling such motions, the parties shall comply with Local Rules 78-230 and 56-260. X. Pre-Trial Conference Date The pre-trial conference will be held on August 1, 2011, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii. The parties are ordered to file a Joint Pre-trial Statement pursuant to Local Rule 16281(a)(2). The parties are further directed to submit a digital copy of their pre-trial statement in Word Perfect X31 format, directly to Judge Ishii's chambers by emailing it to [e-mail]. The parties' attention is directed to Rules 16-281 and 16-282 of the Local Rules of Practice for the Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will insist upon strict compliance with those rules. XI. Trial Date The trial will be held on September 12, 2011, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, Chief United States District Court Judge.

26 1 If Word Perfect X3 is not available to the parties then the latest version of WordPerfect or any other word 27 28
processing program in general use for IBM compatible personal computers is acceptable. 3 STIPULATION AND AMENDED SCHEDULING ORDER CORRECTED AS TO SCHEDULING PREFERENCES

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

IT IS SO STIPULATED BY: McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH, LLP By: /s/ Lowell T. Carruth LOWELL T. CARRUTH (Bar No. 034065) P.O. Box 28912 5 River Park Place East Fresno, California 93720-1501 Telephone: [phone] Facsimile: [phone] And RENZULLI LAW FIRM, LLP CHRISTOPHER RENZULLI (Pro hac vice) JOHN A. TARTAGLIA, III (Pro hac vice) 81 Main Street, Suite 508 White Plains, New York 10601 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant KEL-TEC CNC INDUSTRIES, INC. /s/ Stuart R. Chandler (as authorized on August 9, 2010) STUART CHANDLER LAW FIRM STUART R. CHANDLER 761 East Locust Street, Suite 101 Fresno, California 93720 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff JONATHON SORRELL

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5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

ORDER Upon the Court's review, the stipulation is adopted with the following modifications. The pre-trial conference will be held on August 3, 2011, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii; instead of August 1, 2011 as requested. The trial will be held on September 13, 2011, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii; instead of September 12, 2011 as requested.

IT IS SO ORDERED. Dated: August 10, 2010___ /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

5 STIPULATION AND AMENDED SCHEDULING ORDER CORRECTED AS TO SCHEDULING PREFERENCES