Baldhosky v. Hubbard et al

Filing 165

STIPULATION and ORDER to Modify Scheduling Order to Extend Expert-Related Deadlines by Seven Days signed by Magistrate Judge Jeremy D. Peterson on 10/9/2018. (Sant Agata, S)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
PAMELA J. HOLMES, State Bar No. 147360
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants Byers, Dunn, Gonzalez,
Grossi, Indendi, Kaylor, Metts, Nguyen, Peters, and
Ruff

LAW OFFICE OF KEN I. KARAN
Ken I. Karan, Esq., State Bar No. 204843
2907 Shelter Island Drive, Ste. 105-215
San Diego, CA 92106
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Raymond Baldhosky

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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RAYMOND BALDHOSKY,

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v.

No. 1:12-cv-1200 LJO-JDP
Plaintiff, STIPULATION AND PROPOSED
ORDER TO MODIFY SCHEDULING
ORDER TO EXTEND EXPERTRELATED DEADLINES BY SEVEN
DAYS

SUSAN HUBBARD, et al.,
Trial Date:
August 27, 2019
Defendants. Action Filed: July 23, 2012

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Under Federal Rules of Civil Procedure 16(b)(4) and Local Rule 143, the parties, through

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their counsel of record, agree to and request a modification of the September 4, 2018 Minute

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Order Scheduling Deadlines (ECF No. 163) to extend the expert-related deadlines by seven days.

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Good cause exists to grant this stipulated request because Defendants’ expert requires more time

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to complete his report due to his being in trial and deposition.
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Stipulation to Modify Scheduling Order to Extend Expert-Related Deadlines (1:12-cv-1200 LJO-JDP)

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A scheduling order may be modified only upon a showing of good cause and by leave of

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Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 609 (describing the factors a court should consider in ruling on such a motion). In

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considering whether a party moving for a schedule modification has good cause, the Court

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primarily focuses on the diligence of the party seeking the modification. Johnson, 975 F.2d at

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609 (citing Fed. R. Civ. P. 16 advisory committee’s notes of 1983 amendment). “The district

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court may modify the pretrial schedule ‘if it cannot reasonably be met despite the diligence of the

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party seeking the amendment.’” Id. (quoting Fed. R. Civ. P. 16 advisory committee notes of 1983

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amendment).

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On August 30, 2018, the parties stipulated to, and the Court granted, an extension of the

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expert-related and dispositive-motion deadlines. (ECF No. 162.) The Court required the parties

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to disclose expert witnesses by October 9, 2018, provide rebuttal/supplemental reports no later

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than October 23, and complete expert discovery by November 2. (ECF No. 163.) Defendants

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require, and Plaintiff agreed to, a seven-day extension to disclose expert witnesses. Defendants’

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expert was in trial last week, and has been in deposition this week. Despite his diligent efforts, he

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will be unable complete his expert report by the current deadline. This short extension will allow

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the expert to complete his report and allow Defendants to make full and complete disclosures.

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Corresponding extensions of the remaining expert-discovery deadlines is needed to permit the

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parties sufficient time to complete expert discovery. Good cause therefore exists to modify the

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expert discovery deadlines as follows:

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Expert Disclosure

October 16, 2018

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Rebuttal/Supplemental Expert Disclosure

October 30, 2018

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Expert Discovery Closes

November 9, 2018

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Stipulation to Modify Scheduling Order to Extend Expert-Related Deadlines (1:12-cv-1200 LJO-JDP)

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The parties’ proposed modification and request will not affect any other scheduling
deadlines, including the dispositive-motion and trial dates.
IT IS SO STIPULATED.

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Dated: October 9, 2018

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General

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/s/ Diana Esquivel

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DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

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LAW OFFICE OF KEN I. KARAN

Dated: October 9, 2018

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/s/ Ken I. Karan (as authorized 10/9/18)

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KEN I. KARAN
Attorney for Plaintiff

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SA2016301191
33600671.docx

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Stipulation to Modify Scheduling Order to Extend Expert-Related Deadlines (1:12-cv-1200 LJO-JDP)

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ORDER
Good cause appearing, the parties’ stipulated request to modify the expert-related deadlines
(ECF No. 163) to extend the deadlines by seven days is GRANTED.
The expert-related and dispositive-motion deadlines are modified as follows:

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Expert Disclosure

October 16, 2018

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Rebuttal/Supplemental Expert Disclosure

October 30, 2018

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Expert Discovery Closes

November 9, 2018

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IT IS SO ORDERED.

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IT IS SO ORDERED.

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Dated:

October 9, 2018

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UNITED STATES MAGISTRATE JUDGE

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Stipulation to Modify Scheduling Order to Extend Expert-Related Deadlines (1:12-cv-1200 LJO-JDP)