Earp v. County of Tulare et al

Filing 18

JOINT STIPULATION OF THE PARTIES and ORDER signed by Magistrate Judge Michael J. Seng on 11/2/2011. (Yu, L)

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1 Dennis R. Thelen, SBN 83999 Kevin E. Thelen, SBN 252665 LE BEAU • THELEN , LLP 5001 East Commercenter Drive, Suite 300 Post Office Box 12092 Bakersfield, California 93389-2092 (661) 325-8962; Fax (661) 325-1127 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, 12 CASE NO.: 1:11-CV-00196-MJS Plaintiff, 13 vs. 14 JOINT STIPULATION OF THE PARTIES; ORDER 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 The parties to the above referenced action, subject to the Court's approval, hereby stipulate to 18 19 the following: WHEREAS the parties have recently stipulated and the Court has ordered a change in the expert 20 21 discovery disclosure dates in this case; 22 WHEREAS certain retained experts in this case have informed counsel who retained them that 23 significant difficulty, time, and expense will be encountered if the experts are required to generate a 24 report setting forth details regarding their prior deposition testimony and prior trial testimony as required 25 by Federal Rules of Civil Procedure Rule 26, as such reports are not currently in existence at this time; 26 /// 27 /// 28 /// 1 JOINT STIPULATION OF THE PARTIES; ORDER 1 2 The parties HEREBY AGREE, subject to the Court's approval, to modify the expert witness disclosure requirements under Federal Rules of Civil Procedure Rule 26 as follows: : 3 1. No expert witness designation by either plaintiff or defendants will be required to include 4 a list or report from each expert witness setting forth details regarding their prior deposition testimony 5 and prior trial testimony for the past four years as required by Federal Rules of Civil Procedure Rule 26. 6 SO STIPULATED. 7 8 9 Respectfully submitted, Dated: November 2, 2011 LeBEAU-THELEN, LLP 10 By: 11 12 /s/ KEVIN E. THELEN KEVIN E. THELEN Attorneys for Defendants COUNTY OF TULARE and STEVEN HENRY 13 14 Dated: November 2, 2011 BOURDETTE AND PARTNERS 15 By: 16 17 /s/ PHILIP BOURDETTE PHILIP BOURDETTE Attorneys for Plaintiff DONNY Y. EARP 18 19 ORDER 20 21 IT IS SO ORDERED. 22 23 Dated: ci4d6 November 2, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2 JOINT STIPULATION OF THE PARTIES; ORDER

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