Turner, Jr. v. County of Kern et al

Filing 37

ORDER DENYING without prejudice the parties' 36 stipulated request for a schedule modification, signed by Magistrate Judge Sheila K. Oberto on 04/29/2013. (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DAVID LEE TURNER, JR.,

CASE NO. 1:11-cv-01366-AWI-SKO

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ORDER DENYING WITHOUT
PREJUDICE THE PARTIES'
STIPULATED REQUEST FOR A
SCHEDULE MODIFICATION

Plaintiff,
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v.
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COUNTY OF KERN, et al.,

(Docket No. 36)

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Defendants.
/

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On April 29, 2013, the parties filed a stipulated request to modify the scheduling order. (Doc.

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36.)1 The parties seek a three-week extension of the expert discovery deadlines. (Doc. 36, ¶¶ 7-9.)

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Continuing the expert discovery deadline to June 13, 2013, however, conflicts with the deadlines to

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file (May 28, 2013) and hear (June 26, 2013) any non-dispositive motions and thus impacts all

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subsequent deadlines including the September 25, 2013, pre-trial conference date and the November

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26, 2013, trial date. Thus, the schedule modification proposed by the parties cannot be granted in

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its present form.

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///

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The Court notes this is the third modification to the schedule the parties have requested, and the trial has
been continued twice. (See Docs. 31, 35.)

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However, if the parties wish to waive their right to file non-dispositive motions or elect to

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stipulate to a shortened notice and briefing schedule related to non-dispositive motions to allow non-

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dispositive motions to be heard prior to July 1, 2013, the schedule may be conducive to the

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modifications sought by the parties.

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Accordingly, IT IS HEREBY ORDERED that the parties' stipulated request to modify the
schedule is DENIED without prejudice.

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IT IS SO ORDERED.

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Dated:
ie14hj

April 29, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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