Hilton v. Twain Harte Community Services District

Filing 19

STIPULATION and ORDER GRANTING the parties' request for an extension of the Designation of Expert Witnesses deadline to 2/7/2014; Supplemental Expert Witness Designation due by 3/3/2014; and the Expert Discovery deadline is extended to 4/11/2014. Order signed by Magistrate Judge Sandra M. Snyder on 10/31/2013. (Rooney, M)

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JAMES K. WARD, ESQ. (SBN 117639)
DANIEL P. JAY, ESQ. (SBN 215860)
EVANS, WIECKOWSKI & WARD, LLP
745 University Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TWAIN HARTE COMMUNITY SERVICES DISTRICT
PUBLIC ENTITY-FILING FEE WAIVED

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE HILTON ,

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Plaintiff,
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vs.
TWAIN HARTE COMMUNITY
SERVICES DISTRICT, and DOES ONE
THROUGH TWENTY, Inclusive,
Defendants,

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Case No. 1:12-CV-01360-LJO-SMS
STIPULATION AND DECLARATION;
ORDER RE EXPERT DISCOVERY

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IT IS HEREBY STIPULATED by Plaintiff, YVONNE HILTON, by and through her

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attorneys, and Defendant, TWAIN HARTE COMMUNITY SERVICES DISTRICT, by and
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through its attorneys, that the expert disclosure deadline of October 18, 2013 be continued to

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February 7, 2014; that the supplemental expert disclosure deadline of November 18, 2013 be

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continued to March 3, 2014; and that the expert discovery deadline of December 13, 2013 be

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continued to April 11, 2014 in order to allow the parties to avoid the expense of retaining experts
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until the Court hears dispositive motions in this case.

This stipulation is based upon the

following facts which the parties submit show good cause to continue the discovery cut-off date:

STIPULATION OF THE PARTIES AND ORDER - 1

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1.

That on December 7, 2012 the Court established an expert disclosure deadline of

October 18, 2013; a supplemental expert disclosure deadline of November 18, 2013; and an

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expert discovery cut-off of December 13, 2013.
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2.

Since the initiation of this case the parties have engaged in extensive written

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discovery including depositions, exchanges of written special interrogatories and requests for

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production of documents. As a result, it is submitted that the parties have been diligent in regard

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to discovery in this matter.
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3.

The parties to this case submit that good cause exists to adjust the expert

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discovery deadlines in this case because it will allow the parties to avoid the expense of retaining

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experts until after the Court hears dispositive motions in this case which are to be filed on or

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before January 31, 2014. The avoidance of such costs may also help the parties in resolving this

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case without a trial. Furthermore, the Court has already extended the non-expert discovery cut15
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off to November 20, 2013 and it is difficult for the parties to engage in expert discovery before
non-expert discovery is finished.
Based upon the foregoing, the parties submit that good cause exists to continue the expert
disclosure deadline to February 7, 2014, the supplemental expert disclosure deadline to March 3,

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2014, and the expert discovery deadline to April 11, 2014 in order to allow the parties to avoid
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the expense of retaining experts until the Court hears dispositive motions in this case. Further,

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good cause exists to continue the expert discovery dates because an amendment to the scheduling

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order will cause no prejudice to either party since both parties have agreed to the continuance;

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and because the adjustment of the discovery cutoff will not affect the other dates set by this
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Court and the trial date will not need to be continued.

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STIPULATION OF THE PARTIES AND ORDER - 2

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Thus, the parties to this case have stipulated to continue the expert discovery cut-off date
as set forth above.

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IT IS SO STIPULATED.
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Dated: October 30, 2013

EVANS, WIECKOWSKI & WARD, LLP

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/s/ Daniel Jay
___________________________________
JAMES K. WARD
DANIEL JAY

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Attorneys for Defendant TWAIN HARTE
COMMUNITY SERVICES DISTRICT

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Dated: October 30, 2013

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LAW OFFICES OF RAND L. STEPHENS
/s/ Rand L. Stephens
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RAND L. STEPHENS
Attorney for Plaintiff YVONNE HILTON

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DECLARATION OF DANIEL JAY
I, Daniel Jay, do hereby declare and say the following:

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1.

I am one of the attorneys of record for Defendant in the above-entitled action. I

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have prepared this Declaration as evidence in support of the parties’ stipulation and request to

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this Court to continue the expert discovery cutoff and related dates. The facts stated in the

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stipulation set forth above are true and correct and based upon my personal knowledge.

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STIPULATION OF THE PARTIES AND ORDER - 3

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I declare under the penalty of perjury under the laws of the United States of America that
the facts stated above in the stipulation of the parties is true and correct. This Declaration was

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executed on October 30, 2013 in Sacramento, California.
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/s/ Daniel Jay
_____________________________

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DECLARATION OF RAND L. STEPHENS

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I, Rand L. Stephens, do hereby declare and say the following:
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I am one of the attorneys of record for Plaintiff in the above-entitled action. I

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have prepared this Declaration as evidence in support of the parties’ stipulation and request to
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this Court to continue the expert discovery cutoff and related date. The facts stated in the
stipulation set forth above are true and correct and based upon my personal knowledge.
I declare under the penalty of perjury under the laws of the United States of America that
the facts stated above in the stipulation of the parties is true and correct. This Declaration was

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executed on October 30, 2013 in Martinez, California.
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/s/ Rand L. Stephens
_____________________________

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STIPULATION OF THE PARTIES AND ORDER - 4

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ORDER
Based upon the stipulation of the parties and good cause appearing, the Court orders that

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the expert disclosure deadline be extended to February 7, 2014; that the supplemental expert
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disclosure deadline be extended to March 3, 2014; and that the expert discovery deadline be

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extended to April 11, 2014.

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IT IS SO ORDERED.

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Dated: 10/31/2013
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/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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STIPULATION OF THE PARTIES AND ORDER - 5