Stines, et al. v. Amtrak

Filing 32

STIPULATION and ORDER to Continue Trial Date and Extend Discovery and Motion Deadlines. The Jury Trial is now set for December 9, 2014 at 08:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng and the Pretrial Conference is now set for October 24, 2014 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 07/01/2014. (Yu, L)

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B. CLYDE HUTCHINSON, State Bar No. 037526
[e-mail]
VINCENT CASTILLO, State Bar No. 209298
[e-mail]
KARA A. ABELSON, State Bar No. 279320
[e-mail]
LOMBARDI, LOPER & CONANT, LLP
Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION (AMTRAK)

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Lake Merritt Plaza
1999 Harrison Street, Su ite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA—FRESNO DIVISION

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CHARLES STINES; JANET R. STINES

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Plaintiffs,
vs.

Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO
CONTINUE THE TRIAL DATE AND
EXTEND DISCOVERY AND MOTION
DEADLINES

"AMTRAK" aka NATIONAL
RAILROAD PASSENGER
CORPORATION and DOES 1
THROUGH 100 INCLUSIVE

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Defendants.
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Pursuant to the parties’ status conference before Magistrate Judge Michael J. Seng on
April 10, 2014, the parties to this action, by and through their respective counsel, hereby stipulate
to continue the trial date and extend the deadlines set by the Court in its Order Granting the
Parties’ Stipulation to Extend Discovery Deadlines and Dispositive Motion Deadlines, dated
February 19, 2014. The parties stipulate to the following:
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The trial date shall be continued from September 16, 2014 to December 8, 2014,

provided such date is agreeable to the Court.
2.

The deadline to complete non-expert discovery in compliance with Rule 26 shall
13249-42974 KAA 654331.1
-1Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND EXTEND DISCOVERY AND MOTION
DEADLINES

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be extended from April 15, 2014 to September 19, 2014.

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3.

with Rule 26(a)(2)(B) shall be extended from May 2, 2014 to September 19, 2014.

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4.

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The deadline to file, serve, and notice all non-dispositive motions shall be

extended from June 16, 2014 to October 24, 2014.

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Lake Merritt Plaza
1999 Harrison Street, Su ite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

The deadline to complete all expert discovery, including depositions of expert

witnesses shall be extended from June 16, 2014 to October 24, 2014.

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The deadline to serve rebuttal expert witness disclosures and expert reports shall

be extended to October 3, 2014.

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The deadline to serve expert witness disclosures and expert reports in compliance

Good cause exists for the requested trial continuance and corresponding extension of

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discovery and motion deadlines because there was extensive delay in obtaining plaintiff’s medical

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bills due to the medical provider’s policies and procedures. The delay in obtaining plaintiff’s

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medical records and bills prevented defendant from deposing plaintiff because a review of

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plaintiff’s medical records and bills prior to and at deposition is essential for the deposition to be

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of any value. The parties have finally received plaintiff’s medical records and are in the process

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of scheduling plaintiff’s deposition for a date in July. After plaintiff’s deposition, additional time

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is necessary to conduct potential follow-up discovery.
Further, as a result of not having plaintiff’s complete medical file, the parties were forced

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to postpone settlement discussions and continue a previously scheduled settlement conference.

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The parties would now like to attend a settlement conference with the hope that this matter can be

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resolved through settlement and that a trial will not be necessary. Additional time is necessary to

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schedule both plaintiff’s deposition and a settlement conference so that the parties can engage in

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meaningful settlement discussions. Further, the parties ask that the trial and expert discovery

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deadlines be extended so that the parties do not need to waste time and resources conducting

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discovery that may no longer be necessary if the case is resolved through settlement.

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13249-42974 KAA 654331.1

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Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND EXTEND DISCOVERY AND MOTION
DEADLINES

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Considering that trial is currently scheduled to begin in three months and the parties have

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been restricted from conducting essential discovery and engaging in productive settlement

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discussions, both parties agree that the requested continuance is necessary. Without the requested

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continuance, the parties would be severely prejudiced, as they would be unable to adequately

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prepare for trial and attempt to resolve this matter through settlement, thereby eradicating the

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need for trial.

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Dated: June 30, 2014

By:

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Lake Merritt Plaza
1999 Harrison Street, Su ite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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DANIEL L. HARRALSON LAW
CORPORAION

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/s/ Daniel L. Harralson
DANIEL L. HARRALSON
Attorney for Plaintiffs,
CHARLES STINES and JANET R.
STINES

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Dated: June 30, 2014

LOMBARDI, LOPER & CONANT, LLP

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By:

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/s/ Kara Abelson
KARA ABELSON
Attorney for Defendant,
NATIONAL RAILROAD PASSENGER
CORPORATION

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13249-42974 KAA 654331.1

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Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND EXTEND DISCOVERY AND MOTION
DEADLINES

ORDER

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WHEREAS, good cause exists for the relief requested herein, the Court hereby

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makes the foregoing Stipulation the Order of this Court except that trial shall begin at

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9:00 AM, December 9, 2014 (instead of December 8, 2014) and a Pretrial Conference

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shall be held at 10:00 AM, Friday, October 24, 2014, both in Courtroom 6, Fresno,

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California.

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Dated:

July 1, 2014

10
Lake Merritt Plaza
1999 Harrison Street, Su ite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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IT IS SO ORDERED.

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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13249-42974 KAA 654331.1

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Case No. 1:13-CV-00522-LJO-MJS
STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND EXTEND DISCOVERY AND MOTION
DEADLINES