Solis v. National Emergency Medical Services Association

Filing 73

STIPULATION and ORDER Extending Non-Expert Discovery Deadline and Non-Dispositive Motion Deadline, signed by Magistrate Judge Gary S. Austin on 5/23/2012. (Non-Expert Discovery deadline extended to 6/19/2012, Non-Dispositive Motions to be filed by 6/20/2012. All other orders contained in this Courts scheduling order 61 issued on 9/9/2011 remain in full force and effect.) (Gaumnitz, R)

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BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor,

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Plaintiff,
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v.
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NATIONAL EMERGENCY MEDICAL )
SERVICES ASSOCIATION,
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Defendant.
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___________________________________)

Case No. 1:11-cv-00529 AWI-GSA
STIPULATION AND ORDER
EXTENDING NON-EXPERT DISCOVERY
DEADLINE AND NON-DISPOSITIVE
MOTION DEADLINE

Plaintiff, Hilda L. Solis, Secretary of Labor, United States Department of Labor, and
Defendant, National Emergency Medical Services Association, through its counsel of record,

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respectfully request a continuance of the following deadlines as follows:
Current Deadline

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Non-Expert Discovery
Non-Dispositive Motions

Stipulated Extension

May 23, 2012
May 30, 2012

June 19, 2012
June 26, 2012

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The parties respectfully submit that good cause exists for the extension for the following

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reasons:
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STIPULATION AND ORDER EXTENDING NON-EXPERT DISCOVERY DEADLINE

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1.

Settlement Negotiations. The parties have commenced discussions of a possible

settlement of this matter as well as the related action, Solis v. NEMSA, Case No. 1:11-cv-01929-

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LJO-DLB. The parties desire to delay further discovery, and the costs attendant therewith,

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during the course of continued negotiations, but are prepared to complete discovery if

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negotiations are not productive in the next two weeks.

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2.

Substitution of Attorneys. Recently, Attorney Geoffrey Evers substituted into

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this case as counsel for NEMSA. Mr. Evers accurately certified in the substitution documents
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that his substitution into the case will not (and has not) delayed the proceedings in this matter.

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However, as the parties focus on settlement negotiations, the parties submit that the interests of

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justice are best served if NEMSA’s new counsel is permitted to address settlement options first

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and then focus on the remaining discovery to be completed.

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3.

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Remaining Depositions. There are only a select number of depositions

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remaining to be completed, including the deposition of NEMSA’s principal, Torren Colcord.

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As reported to this Court in the prior stipulation filed March 22, 2012, Mr. Colcord’s deposition

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has been difficult to schedule because of his limited schedule (as well as the limited schedule of

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the attorneys for both parties). This and any additional remaining discovery will be completed

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by the proposed deadline of June 19.

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STIPULATION AND ORDER EXTENDING NON-EXPERT DISCOVERY DEADLINE

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4.

This is the parties’ second request to modify the scheduling order, the first

having been granted by this Court on March 21, 2012. All other dates identified in the Court’s

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Scheduling Order will remain unaffected.

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Dated: May 22, 2012

BENJAMIN B. WAGNER
United States Attorney

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By

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Dated: May 22, 2012

/s/ Glen F. Dorgan
Glen F. Dorgan
Assistant United States Attorney
Attorney for Plaintiff,
HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor
EVERS LAW GROUP, APC

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(As authorized 05/22/12.)

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/s/ Geoffrey O. Evers
Geoffrey O. Evers
Attorney for Defendant
National Emergency Medical Services Association

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STIPULATION AND ORDER EXTENDING NON-EXPERT DISCOVERY DEADLINE

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ORDER

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The Court adopts the parties’ stipulation IN PART. IT IS HEREBY ORDERED that the
non-expert discovery deadline be moved from May 23, 2012, to June 19, 2012, and the nondispositive motion deadline be moved from May 30, 2012, to June 20, 2012.1 All other orders

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contained in this Court’s scheduling order issued on September 9, 2011 remain in full force and

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effect. (Doc. 61). Counsel are advised that future requests to modify the scheduling order will

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be looked upon with disfavor as the pretrial conference is set for September 6, 2012, and the

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trial is set for October 23, 2012.

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IT IS SO ORDERED.

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Dated: May 23, 2012

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/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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____________________________________
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The non-dospositive motion deadline is designated as June 20, 2012 because the dispositive motion

deadline is also June 20, 2012.
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STIPULATION AND ORDER EXTENDING NON-EXPERT DISCOVERY DEADLINE