Felix et al v. The State of California et al

Filing 48

STIPULATION and ORDER to CONTINUE Fact Discovery Cut-Off. Non-expert fact discovery shall be continued three weeks. No other dates are affected. The new date and deadline shall be as follows: Non-Expert Discovery due by 3/13/2015. Order signed by Magistrate Judge Sheila K. Oberto on 1/20/2015. (Timken, A)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 13 ROBERT FELIX and JACK PHELPS, individuals, 1:13-cv-00561-SKO STIPULATION FOR ORDER TO Plaintiffs, CONTINUE FACT DISCOVERY CUTOFF; ORDER THEREON 14 15 v. Judge: The Honorable Sheila K. Oberto Trial Date: January 25, 2016 Action Filed: April 17, 2013 16 17 18 THE STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES, OFFICE OF PROTECTIVE SERVICES, 19 Defendant. 20 21 22 23 IT IS HEREBY STIPULATED, by and among ROBERT FELIX (“FELIX”) and JACK PHELPS (“PHELPS”) (“Plaintiffs”) and STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES, INC. (“Defendant” or “Defendant”) (collectively, the “Parties”), through their respective undersigned counsel, as follows: 24 WHEREAS, this Court entered an Amended Scheduling Order in this matter on August 18, 25 2014 (Court Docket, Document No. 37); 26 WHEREAS, the current Scheduling Order has a fact discovery cut-off date of February 21, 27 2015; 28 1 Stip. For Order to Continue Fact Discovery Cut-Off (1:13-cv-00561-SKO) 1 WHEREAS, after an informal telephonic discussion with the Honorable District Court 2 Magistrate Judge Sheila Oberto related to discovery issues, the Parties have been advised that due 3 to scheduling difficulties involving third party witnesses, over whom neither Party has control, at 4 least one of the witnesses will not be available for deposition until the first week of March 2015; 5 6 7 8 9 WHEREAS, the Parties have a mediation scheduled for January 20, 2015 and it is currently unknown if said mediation will resolve this matter; WHEREAS, the Parties anticipate additional depositions will be necessary if the mediation is not successful; WHEREAS, the Parties agree the difficulty in scheduling depositions and the other factors 10 described more fully herein constitute good cause pursuant to Federal Rules of Civil Procedure 11 Rule 16(b)(4) for the Court to extend the non-expert discovery deadline for an additional three 12 weeks until March 13, 2015 in order to complete adequate discovery. No other dates will be 13 changed. 14 15 16 EVENT/DEADLINE Non-Expert Discovery CURRENT DATE PROPOSED DATES 02/21/2015 3/13/2015 17 18 19 20 IT IS SO STIPULATED. 21 22 Dated: January 20, 2015 LAW OFFICE OF DEAN B. GORDON 23 By: /s/ Dean B. Gordon Dean B. Gordon Attorneys for Plaintiffs Robert Felix and Jack Phelps 24 25 26 27 Dated: January 20, 2014 OFFICE OF THE ATTORNEY GENERAL 28 2 Stip. For Order to Continue Fact Discovery Cut-Off (1:13-cv-00561-SKO) 1 By: /s/ Mary Horst Mary Horst Deputy Attorney General Attorneys for Defendant Department of Developmental Services 2 3 4 5 6 7 8 ORDER Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that non-expert fact discovery shall be continued three weeks. No other dates are affected. The new dates and deadlines shall be as follows: 9 10 11 EVENT/DEADLINE CURRENT DATE 2/21/2015 Non-Expert Discovery NEW DATE 3/13/2015 12 13 14 15 IT IS SO ORDERED. Dated: January 20, 2015 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stip. For Order to Continue Fact Discovery Cut-Off (1:13-cv-00561-SKO)

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