Earp v. County of Tulare et al

Filing 15

ORDER on JOINT STIPULATION OF THE PARTIES REGARDING DISCLOSURE OF EXPERTS signed by Magistrate Judge Michael J. Seng on 10/26/2011. (Yu, L)

Dennis R. Thelen, SBN 83999
Kevin E. Thelen, SBN 252665
LEBEAU $ THELEN, LLP
5001 East Commercenter Drive, Suite 300
Post Office Box 12092
Bakersfield, California 93389-2092
[phone]; Fax [phone]

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Attorneys for Defendant, COUNTY OF TULARE and
STEVEN HENRY (erroneously sued herein as
"PHYSICIANS ASSISTANT HENRY")

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THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNY Y. EARP,
Plaintiff,

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JOINT STIPULATION OF THE
PARTIES; ORDER

vs.

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CASE NO.: 1:11-CV-00196-MJS

COUNTY OF TULARE, PHYSICIANS
ASSISTANT HENRY, and DOES 1-25,

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Defendants.

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Case Filed:
Trial Date:
Magistrate:

February 3,2011
June 26, 2012
Michael J. Seng

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The parties to the above referenced action, subject to the Court's approval, hereby
stipulate to the following:
WHEREAS the parties desire to continue expert discovery related dates contained
within the Court's July 1, 2011 Scheduling Conference Order;

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WHEREAS the parties have been diligent in conducting discovery, however the

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plaintiff's status as an incarcerated individual has frustrated efforts at timely fact discovery

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which will be necessary for expert witness review in addition to counsel for defendants'

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multiple trial commitments in the past two months as well as anticipated in the following two

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months;

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JOINT STIPULATION OF THE PARTIES; [PROPOSED] ORDER

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The parties HEREBY AGREE, subject to the Court's approval, to modify the fact

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discovery and expert discovery related dates contained in the Court's Scheduling Conference

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Order dated July 1, 2011 as follows:

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1.

November 15, 2011, shall be continued to December 16, 2011

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2.

Supplemental expert witness disclosure, previously set for December 15, 2011, shall be

continued to January 16, 2012.

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Initial expert witness disclosure for both the plaintiff and defendants, previously set for

The parties also HEREBY AGREE, subject to the Court's approval, that the following dates,
contained in the Court's Scheduling Conference Order dated July 1, 2011 remain as follows:

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1.

The cut-off for expert discovery shall remain February 1, 2012

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2.

The cut-off for fact discovery shall remain February 1, 2012

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3.

The deadline for filing dispositive motions shall remain February 1, 2012

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4.

The deadline for filing non-dispositive motions shall remain February 1, 2012

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5.

The Pre-Trial Conference shall remain June 1, 2012

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6.

The trial date shall remain June 26, 2012.

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Dated: October 26, 2011

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Respectfully submitted,
LeBEAU-THELEN, LLP
By:

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/s/ KEVIN E. THELEN
KEVIN E. THELEN
Attorneys for Defendants COUNTY OF
TULARE and STEVEN HENRY

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////
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Dated: October 26, 2011

BOURDETTE AND PARTNERS
By:

/s/ PHILIP BOURDETTE
PHILIP BOURDETTE

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JOINT STIPULATION OF THE PARTIES; [PROPOSED] ORDER

Attorneys for Plaintiff
DONNY Y. EARP

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ORDER

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GOOD CAUSE APPEARING, the Stipulation is approved. The dates for

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disclosure of experts are modified as stipulated above. All other dates and

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deadlines remain as set in the Scheduling Order.

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IT IS SO ORDERED.

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Dated:

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October 26, 2011

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

ci4d6

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JOINT STIPULATION OF THE PARTIES; [PROPOSED] ORDER