Earp v. County of Tulare et al

Filing 16

ORDER GRANTING JOINT STIPULATION signed by Magistrate Judge Michael J. Seng on 10/31/2011. (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]

1
2
3
4
5
6

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

7
8

THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DONNY Y. EARP,
Plaintiff,

12
13

JOINT STIPULATION OF THE
PARTIES; ORDER

vs.

14

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

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

15

Defendants.

16

Case Filed:
Trial Date:
Magistrate:

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

17
18
19
20
21

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;

22

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

23

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

24

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

25

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

26

months;

27
28

1
JOINT STIPULATION OF THE PARTIES; [PROPOSED] ORDER

1

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

2

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

3

Order dated July 1, 2011 as follows:

4

1.

5
6
7

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

November 15, 2011, shall be continued to December 16, 2011
2.

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

8

be

9

continued to January 16, 2012.

10
11

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:

12

1.

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

13

2.

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

14

3.

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

15

4.

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

16

5.

The Pre-Trial Conference shall remain June 1, 2012

17

6.

The trial date shall remain June 26, 2012.

18
19
20

Dated: October 31, 2011

21

Respectfully submitted,
LeBEAU-THELEN, LLP
By:

22
23

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

24
25
26
27
28

Dated: October 31, 2011

BOURDETTE AND PARTNERS
By:

/s/ PHILIP BOURDETTE
PHILIP BOURDETTE

2
JOINT STIPULATION OF THE PARTIES; [PROPOSED] ORDER

Attorneys for Plaintiff
DONNY Y. EARP

1
2
3
4

ORDER

5
6
7

IT IS SO ORDERED.

8
Dated:

9
10
11

October 31, 2011

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Sig nature-END:

ci4d6

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
JOINT STIPULATION OF THE PARTIES; [PROPOSED] ORDER