Sandres v. Corrections Corporation of America

Filing 74

STIPULATION and ORDER GRANTING the parties' request to extend deadlines as follows: all expert discovery to be completed by 5/13/2011; non-dispositive motions filing deadline concerning expert discovery is 5/20/2011; and the non-dispositive motion hearing deadline concerning expert discovery is continued to 6/17/2011; order signed by Judge Oliver W. Wanger on 3/23/2011. (Rooney, M)

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Barry M. Appell, Esq. State Bar No.: 174324 APPELL HILAIRE BERNARDO LLP 15233 Ventura Blvd., Suite 420 Sherman Oaks, CA 91403 [phone] Fax: [phone] E-Mail: [e-mail] Attorney for Plaintiff, Terry Sandres PAUL M. GLEASON State Bar No.: 155569 RICHARD Y. CHEN State Bar No.: 225392 KATHY H. GAO State Bar No.: 259019 GLEASON & FAVAROTE, LLP 800 West Sixth Street, Suite 1010 Los Angeles, California 90017 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants Corrections Corporation of America and CCA of Tennessee, LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

TERRY SANDRES, an individual, Plaintiff, vs. CORRECTIONS CORPORATION OF AMERICA, a Maryland corporation; and Does 1 through 50, inclusive, Defendants.

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Case No. 1:09-cv-01609-OWW-DLB STIPULATION AND ORDER TO EXTEND: (1) THE DEADLINE TO COMPLETE EXPERT DISCOVERY; AND (2) THE DEADLINE TO FILE ALL NON-DISPOSITIVE PRE-TRIAL MOTIONS CONCERNING EXPERT DISCOVERY AND CORRESPONDING HEARING DATE District Judge: Magistrate: Action Filed: Trial Date: Hon. Oliver W. Wanger Hon. Jennifer L. Thurston July 24, 2009 August 30, 2011

STIPULATION TO EXTEND: (1) DEADLINE TO COMPLETE EXPERT DISCOVERY; AND (2) DEADLINE TO FILE ALL NON-DISPOSITIVE PRE-TRIAL MOTIONS CONCERNING EXPERT DISCOVERY AND CORRESPONDING HEARING DATE

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THE PARTIES TO THE ABOVE-CAPTIONED MATTER, by and through their respective attorneys of record, hereby enter into this stipulation to extend: (1) the deadline to complete all expert discovery; and (2) the deadline to file all non-dispositive pre-trial motions concerning expert discovery and the corresponding hearing date based on the following: WHEREAS, the expert discovery cut-off date in this matter is currently April 1, 2011
(Declaration of Kathy H. Gao ("Gao Decl."), ¶ 2); and

WHEREAS, the parties have designated retained and non-retained experts in this matter (Gao Decl., ¶ 3); and WHEREAS, plaintiff Terry Sandres ("Plaintiff") has designated Dr. Joseph Valentino as a non-retained expert (Gao Decl., ¶ 4); and WHEREAS, Plaintiff has agreed not to de-designate Dr. Valentino as a non-retained expert (Gao Decl., ¶ 5); and WHEREAS, counsel for the parties have agreed to private mediation with Steve Serratore in this matter on April 14, 2011 ­ the earliest time that the parties and the mediator are all available for mediation (Gao Decl., ¶ 6); and WHEREAS, Dr. Valentino's deposition was initially set for March 25, 2011, at a rate of $750.00 per hour (Gao Decl., ¶ 7); and WHEREAS, the parties are currently working with counsel for Dr. Valentino on receiving Plaintiff's complete medical records prior to Dr. Valentino's deposition (Gao Decl., ¶ 8); and WHEREAS, to complete expert discovery, the parties anticipate, among other things, Plaintiff submitting to an independent mental examination and taking depositions of each party's experts (Gao Decl., ¶ 9); and WHEREAS, to avoid the anticipated costs of Plaintiff's mental examination and the depositions of both retained and non-retained experts, the parties believe that it is in their best interest, as well as in the preservation of their financial resources, that Plaintiff's independent mental examination and expert depositions occur after the parties' mediation on April 14, 2011 (Gao Decl., ¶ 10); and

2.
STIPULATION TO EXTEND: (1) DEADLINE TO COMPLETE EXPERT DISCOVERY; AND (2) DEADLINE TO FILE ALL NON-DISPOSITIVE PRE-TRIAL MOTIONS CONCERNING EXPERT DISCOVERY AND CORRESPONDING HEARING DATE

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WHEREAS, the parties have met and conferred and believe it is in their best interest to extend: (1) the deadline to complete expert discovery to May 13, 2011; and (2) the deadline to file all non-dispositive pre-trial motions concerning expert discovery to May 20, 2011, and the date to have such motions heard by the Court to June 17, 2011 (Gao Decl., ¶ 11). NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED and requested by the parties through their respective attorneys of record that this Court order as follows: 1. That the deadline to complete all expert discovery is continued to May 13, 2011; and 2. That the deadline to file all non-dispositive pre-trial motions concerning expert discovery is continued to May 20, 2011; and 3. That the date to have all non-dispositive pre-trial motions concerning expert discovery heard by the Court is continued to June 17, 2011. IT IS SO STIPULATED. Dated: March 22, 2011 APPELL HILAIRE BERNARDO LLP /s/ Barry M. Appell (As authorized on 3/21/11) By: ___________________________ Barry M. Appell Attorneys for Plaintiff Terry Sandres

15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 22, 2011 GLEASON & FAVOROTE LLP /s/ Kathy H. Gao By: __________________________ Kathy H. Gao Attorneys for Defendants Corrections Corporation of America and CCA of Tennessee, LLC

3.
STIPULATION TO EXTEND: (1) DEADLINE TO COMPLETE EXPERT DISCOVERY; AND (2) DEADLINE TO FILE ALL NON-DISPOSITIVE PRE-TRIAL MOTIONS CONCERNING EXPERT DISCOVERY AND CORRESPONDING HEARING DATE

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PROOF OF SERVICE
DEAC_Signature-END:

IT IS SO ORDERED. Dated:

March 23, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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