Brisbin v. Vulcan Materials Company

Filing 19

ORDER GRANTING 18 the parties' stipulated request to modify the scheduling order. Discovery due by 3/16/2012. Non-Dispositive Motions filed by 3/21/2012. Dispositive Motions filed by 4/27/2012. Settlement Conference set for 5/17/2 012, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pretrial Conference set for 7/25/2012, at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Trial set for 9/18/2012, at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 1/4/2012. (Timken, A)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS,

8
Plaintiff,
9

CASE NO. 1:11-cv-00568-AWI-SKO
ORDER GRANTING THE PARTIES'
STIPULATED REQUEST TO
MODIFY THE SCHEDULING
ORDER

v.
10
11
12

CALMAT CO, dba VULCAN
MATERIALS COMPANY - WESTERN
DIVISION; and DOES 1 through 100,
inclusive,

13

(Docket No. 18)

Defendant.

14
15
16

CALMAT CO., dba VULCAN
MATERIALS COMPANY – WESTERN
DIVISION,

17
18
19
20

Counter-Claimant
v.
JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS; WESTERN SURETY
COMPANY, a South Dakota corporation,

21
22
23

Counter-Defendants.
___________________________________/

24
On December 29, 2011, the parties filed a stipulation seeking a modification of the
25
scheduling order. (Doc. 18.) Specifically, the parties have scheduled a private mediation that will
26
take place on January 27, 2012, and the parties wish to "avoid taking all of the necessary depositions
27
and completion of other discovery in the case prior to the . . . mediation, in order to save attorney's
28

1

fees and costs." (Doc. 18, 2:20-24.) As such, the parties request that the deadlines be extended 60

2

days to accommodate the scheduled mediation.

3

Event

Current Deadline

Proposed Deadline

4

1.

Non-Expert Disc.

October 31, 2011

March 30, 2012

5

2.

Expert Discovery

January 31, 2012

March 30, 2012

6

3.

Non-dispositive filing

January 23, 2012

March 23, 2012

7

4.

Dispositive motion filing

February 29, 2012

April 27, 2012

8

5.

Settlement Conference

March 6, 2012

May 4, 2012

9

6.

Pre-Trial Conference

May 23, 2012

July 23, 2012

10

7.

Trial

July 17, 2012

September 17, 2012

11
12

The parties propose that no other deadlines be modified, e.g., the expert disclosure deadline
and the supplemental expert disclosure deadline.

13

Allowing additional time for the parties to attempt to resolve their dispute through mediation

14

conserves resources and represents good cause for a modification of the scheduling deadlines. While

15

the deadlines proposed by the parties are generally acceptable, the Court will modify the proposed

16

dates of the Pre-Trial Conference and the Trial date to comport with the Chief District Judge Ishii's

17

calendar, and the proposed date for the settlement conference will be modified to comport with

18

Magistrate Judge Oberto's calendar. Further, the proposed deadline for the close of discovery will

19

be set prior to the deadline for filing non-dispositive motions.

20

Accordingly, the schedule is modified as follows:

21

Event

Current Deadline

New Deadline

22

1.

Non-Expert Disc.

October 31, 2011

March 16, 2012

23

2.

Expert Discovery

January 31, 2012

March 16, 2012

24

3.

Non-dispositive filing

January 23, 2012

March 21, 2012

25

4.

Non-dispos. mtn hearing

26

5.

Dispositive motion filing

27

6.

Disp. Motion hearing

28

5.

Settlement Conference

On or before April 18, 2012
February 29, 2012

April 27, 2012

On or before June 11, 2012
March 6, 2012
2

May 17, 2012

1

6.

Pre-Trial Conference

May 23, 2012

July 25, 2012

2

7.

Trial

July 17, 2012

September 18, 2012

3
4
5

IT IS SO ORDERED.

6

Dated:
ie14hj

January 4, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3