Walsh, individually and as Successor-in-Interest to S.W., Deceased v. Tehachapi Unified School District et al

Filing 43

ORDER GRANTING Stipulation to Amend Scheduling Order re 42 , signed by Magistrate Judge Jennifer L. Thurston on 12/7/2012. Discovery Deadlines: Non-expert 5/24/2013; Expert Disclosure 5/30/2013; Joint Rebuttal Expert Disclosure 6/21/2013; Expert Di scovery 7/19/2013. Dispositive Motion Deadlines: Filed by 7/11/2013; Heard by 8/22/2013. Non-Dispositive Motion Deadlines: Filed by 7/19/2013; Heard by 8/16/2013. Settlement Conference set for 9/19/2013 at 10:00 AM at the United States Courthouse , 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 11/13/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial set for 1/7/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENDY WALSH, individually and as
Successor-in-Interest to SETH WALSH,
Deceased; and Sh.W., a minor, by his
Guardian ad Litem, WENDY WALSH,

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Plaintiffs,

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vs.
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TEHACHAPI UNIFIED SCHOOL
DISTRICT, et al.,

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Defendants.

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Case No. 1:11-CV-01489-LJO-JLT
ORDER GRANTING STIPULATION
TO AMEND SCHEDULING ORDER
(Doc. 42)

Before the Court is the stipulation to amend the scheduling order to extend all dates

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set forth in the scheduling order, including the trial date. (Doc. 42) The basis for this

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request is the fact that Plaintiffs noticed 17 depositions to be taken between October 29,

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2012 and November 14, 2012 but which could not proceed because Defendants’ counsel,

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Mr. Kellar, was involved in a trial. Id. at 3.

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The parties explain also that they anticipate taking up to 30 depositions in addition

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and that many of the percipient witnesses have not been located. Id. Finally, Plaintiffs

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reports that they have been unable to obtain documents sought under FOIA. Id. at 3-4.

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Though the Court lacks sufficient information explaining why Plaintiffs waited until

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so late in the discovery period to conduct their depositions or why, when it was apparent

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that they could not go forward as scheduled, the depositions were not immediately

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rescheduled or why the Court’s intervention was not obtained at that time. Moreover, the

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Court lacks information regarding the efforts Plaintiffs have made to obtain the FOIA

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information or the efforts of the parties to locate the missing percipient witnesses.

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ORDER

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Despite the scant information provided in the stipulation, the Court will find minimal
good cause to justify the amendment to the scheduling order as follows:

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1.

All non-expert discovery SHALL be completed no later than May 24, 2013;

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2.

Joint expert disclosure, in the manner required by the scheduling order,

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SHALL occur no later than May 30, 2013;

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3.

Joint rebuttal expert disclosure, in the manner required by the scheduling order,

SHALL occur no later than June 21, 2013;

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4.

All expert discovery SHALL be completed no later than July 19, 2013;

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5.

Any nondispositive motions SHALL be filed no later than July 19, 2013 and

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heard no later than August 16, 2013;

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and heard no later than August 22, 2013;

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7.

The settlement conference SHALL take place on September 19, 2013 at 10:00

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The pre-trial conference SHALL take place on November 13, 2013 at 8:30

a.m.;

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All dispositive pre-trial motions SHALL be filed no later than July 11, 2013

a.m. in Courtroom 4;

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9.

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Trial SHALL take place on January 7, 2014 at 8:30 a.m. in Courtroom 4;

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Each side may take up to 35 depositions.

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No further amendments to the scheduling order will be authorized absent a showing of

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exceptional good cause.

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IT IS SO ORDERED.

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Dated:

December 7, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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