Lema v. Modesto

Filing 35

ORDER Adopting With Modification Stipulation to Amend the Scheduling Order signed by Magistrate Judge Gary S. Austin on 2/3/2012. (Bradley, A)

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1 James J. Arendt, Esq. Roy C. Santos, Esq. Bar No. 142937 Bar No. 259718 2 WEAKLEY & ARENDT, LLP 1630 East Shaw Avenue, Suite 176 Fresno, California 93710 Telephone: (559) 221-5256 Facsimile: (559) 221-5262 3 4 5 Attorneys for Defendant, CITY OF MODESTO 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 GENEVA LEMA, ) ) Plaintiff, ) ) v. ) ) CITY OF MODESTO, ) ) Defendant(s). ) ) ____________________________________ ) CASE NO. 1:10-CV-02180-AWI-GSA ORDER ADOPTING WITH MODIFICATION STIPULATION TO AMEND THE SCHEDULING ORDER 17 IT IS HEREBY STIPULATED between the parties, through their respective counsel, and 18 ordered by this Court with the modifications noted, that the Scheduling Order, Doc. No. 13, be amended 19 and that the discovery deadlines, dispositive, and non-dispositive motion filing deadline be rescheduled. 20 There is good cause for extending these dates. In hindsight it appears that the deadlines agreed to in 21 the Scheduling Order were a bit too optimistic. Plaintiff recently provided Defendant with a complete 22 settlement demand and consideration of said demand will take time which is not currently allotted for 23 within the Scheduling Order. Also, should the parties be unable to reach settlement the added time will 24 enable both sides to properly prepare their respective cases for trial. 25 amended deadlines do not alter the pretrial conference nor the trial date as agreed to in the Scheduling 26 Order, Doc. No. 13. 27 /// 28 /// ____________________________ Stipulation and Order Furthermore, the proposed 1 Based on the foregoing, IT IS HEREBY STIPULATED: 2 DEADLINE CURRENT NEW Non-Expert Discovery 2/09/2012 3/15/2012 Expert Disclosure 1/03/2012 3/01/2012 Supplemental Expert Disclosure 2/03/2012 3/15/2012 Expert Discovery 3/09/2012 4/01/2012 Non-Dispositive Motions 3/16/2012 4/15/2012 Dispositive Motions 4/06/2012 4/15/2012* 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DATED: February 2, 2012 WEAKLEY & ARENDT, LLP 17 18 By: 19 20 /s/ Roy C. Santos James J. Arendt Roy C. Santos Attorneys for Defendant City of Modesto 21 22 DATED: February 2, 2012 THIMESCH LAW OFFICES 23 By: 24 25 /s/ Timothy S. Thimesch Timothy S. Thimesch Attorneys for Plaintiff Geneva Lema 26 27 28 ____________________________ Stipulation and Order 2 1 ORDER 2 The parties’ stipulation is ADOPTED AS MODIFIED. The expert disclosure deadline is extended nunc pro tunc from January 3, 2012, to March 1, 2012. The dispositive motion deadline is extended to April 15, 2012, only, as any further extension does not comport with Chief Judge Anthony W. Ishii’s scheduling requirements regarding this deadline (6-8 weeks between dispositive motion deadline and pretrial conference). All other deadlines are adopted as outlined above. 3 4 5 6 IT IS SO ORDERED. 7 8 Dated: 6i0kij February 3, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____________________________ Stipulation and Order 3

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