Quinn v. Fresno County Sheriff et al

Filing 62

STIPULATION and ORDER Amending The Scheduling Order to Exten the Time for Expert Discovery, Designation of Expert Witnesses and Rule 26 Reports: (1) The date for designating expert witnesses, and production of their Rule 26 expert reports is extended from 3/9/12 to March 14, 2012; (2) The expert discovery cutoff date is extened from 3/9/12 to April 6, 2012; (3) Defendants' ex parte application to amend the scheduling order [Doc. 60] is DENIED as moot. signed by Magistrate Judge Barbara A. McAuliffe on 3/9/2012. (Herman, H)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JAMES LORAN QUINN, 11 Plaintiff, 12 vs. 13 14 15 16 17 FRESNO COUNTY SHERIFF, FRESNO COUNTY PROBATION DEPARTMENT, OFFICER DAVID ALANIS, OFFICER LEONARD RICHERT, FRESNO COUNTY DISTRICT ATTORNEY, FRESNO COUNTY JAIL, ET AL. and DOES 1 to 100 INCLUSIVE, Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 1:10-CV-01617-LJO-BAM STIPULATION AND ORDER AMENDING THE SCHEDULING ORDER TO EXTEND THE T I M E FO R E XPE RT DI S CO V E R Y , DESIGNATION OF EXPERT WITNESSES, AND RULE 26 REPORTS 18 19 IT IS HEREBY STIPULATED between the parties, through their respective counsel, and ordered 20 by this Court, that the Scheduling Order, Doc. No. 47, be amended and the expert discovery cutoff, date 21 for designating expert witnesses, and production of their Rule 26 expert reports be moved from March 22 9, 2012, to March 14, 2012, and the expert discovery cutoff date be moved to April 6, 2012. There is 23 good cause for extending these dates. First, it will allow the parties to complete discovery and ensure 24 their experts have ample time to consider all information prior to preparing their Rule 26 expert reports; 25 given Plaintiff identified additional potential witnesses and documents at his February 16, 2012, 26 deposition. Secondly, the parties will be prevented from conducting expert depositions since expert 27 discovery is scheduled cutoff on the same day as the parties are scheduled to exchange expert 28 designations and Rule 26 reports. As such, it appears that the deadline agreed to in the Scheduling Order, with regard to designation of expert witnesses and preparation of their Rule 26 expert reports, was a bit too optimistic. Furthermore, the proposed amended deadlines do not alter the pretrial conference 1 nor the trial date as agreed to in the Scheduling Order, Doc. No. 47. 2 3 IT IS SO STIPULATED. 4 DATED: March 9, 2012 WEAKLEY & ARENDT, LLP 5 6 By: /s/ Roy C. Santos James J. Arendt Roy C. Santos Attorneys for Defendants By: /s/ David M. Hollingsworth David M. Hollingsworth Attorney for Plaintiff 7 8 9 10 DATED: March 9, 2012 11 12 13 14 15 16 ORDER Based on the above stipulation of the parties, and good cause appearing, the Court ORDERS as follows: 1. 17 The date for designating expert witnesses, and production of their Rule 26 expert reports is extended from March 9, 2012, to March 14, 2012; 18 2. The expert discovery cutoff date is extended from March 9, 2012 to April 6, 2012. 19 3. Defendants’ ex parte application to amend the scheduling order (Doc. 60) is DENIED 20 as moot. 21 IT IS SO ORDERED. 22 Dated: 10c20k March 9, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?