Lopez v. DeVry University, Inc. et al

Filing 32

Stipulation to Continue Expert Discovery Cutoff and Plaintiff's Motion to Compel Supplemental Discovery Responses Deadline; Order, signed by Magistrate Judge Michael J. Seng on 07/03/2014. (Yu, L)

1
2
3
4
5

SEYFARTH SHAW LLP
Mark P. Grajski (SBN 178050)
Email: [e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Defendant
DEVRY UNIVERSITY, INC.

6
7
8
9

LAW OFFICES OF PARNELL FOX
Parnell Fox (SBN 186519)
Email: [e-mail]
4908 Lakewood Court
Visalia, California 93291
Telephone:
[phone]
Facsimile:
[phone]

10
11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14

LORENA LOPEZ,
Plaintiff,

15
16
17

Case No. 1:13-CV-00844-AWI-MJS
STIPULATION TO CONTINUE EXPERT
DISCOVERY CUTOFF AND PLAINTIFF’S
MOTION TO COMPEL SUPPLEMENTAL
DISCOVERY RESPONSES DEADLINE;
ORDER

v.
DEVRY UNIVERSITY, INC.; an Illinois
corporation and DOES 1-100, inclusive,

Date Action Filed: March 21, 2013

18
Defendants.
19
20
21

DeVry University (“Defendant”) and Lorena Lopez (“Plaintiff”) (collectively referred to herein
as the “Parties”), by and through their undersigned counsel, hereby stipulate and agree as follows:

22

1.

WHEREAS, the deadline to complete expert discovery is July 7, 2014.

23

2.

WHEREAS, the deadline to file discovery motions is July 7, 2014.

24

3.

WHEREAS, the Parties have worked diligently to coordinate and schedule the

25

depositions of two non-retained healthcare providers of Plaintiff identified in Plaintiff’s Expert Witness

26

Disclosure, Isabel C. Amancio, LMFT, 113 Church Street, #418, Visalia, California, and Shyam

27

Bhaskar, MD, 231, W. Noble Avenue, Visalia, California 93277;

28
1
STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINE; [PROPOSED] ORDER
17542522v.1

1
2
3
4
5

4.

WHEREAS, Defendant served subpoenas for deposition testimony and production of

documents on Ms. Amancio and Dr. Bhaskar for late June 2014 depositions;
5.

WHEREAS, Dr. Bhaskar advised the Parties that he was completely unavailable prior to

this time and, further, that he would out of the country until August 2014.
6.

WHEREAS, the Parties further believe that the most cost efficient approach to expert

6

depositions in this case would be to take both in a single day, particularly because of Defendant’s need

7

to travel from Sacramento to Visalia;

8

7.

WHEREAS, the Parties have also worked diligently to meet and confer on written

9

discovery propounded by Plaintiff, including two sets of requests for production of documents and

10

interrogatories. Defendant anticipates supplemental responses will be served by July 15, 2014 and

11

thereafter Plaintiff will need additional time to review and determine if a motion to compel further

12

responses is necessary.

13

8.

WHEREAS, the parties have agreed that discovery shall remain open to September 8,

14

2014 only for the following: (1) Defendant to depose Plaintiff's healthcare experts Shyam Bhaskar, M.D.

15

and Isabel Amancio, MFT; and (2) Defendant to prepare and serve supplemental discovery responses

16

(per Plaintiff's February 3, 2014 and Defendant's February 21, 2014 meet and confer correspondence),

17

and Plaintiff to move to compel such supplemental responses if necessary.

18

9.

WHEREAS, extending the deadline for expert discovery and Plaintiff’s motion to compel

19

supplemental written discovery responses will not result in a change to subsequent deadlines regarding

20

the January 6, 2015 trial date.

21

NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an Order

22

extending discovery to September 8, 2014 for: (1) Defendant to depose Plaintiff's healthcare experts

23

Shyam Bhaskar, M.D. and Isabel Amancio, MFT; and (2) Defendant to prepare and serve supplemental

24

discovery responses (per Plaintiff's February 3, 2014 and Defendant's February 21, 2014 meet and

25

confer correspondence) and Plaintiff to move to compel such supplemental responses if necessary.

26

Plaintiff reserves the right to file a motion and seek leave for additional discovery subject to the Court’s

27

approval and good cause shown.

28
2
STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINE; [PROPOSED] ORDER
17542522v.1

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3
4

DATED: July 2, 2014

Respectfully submitted,

5

SEYFARTH SHAW LLP

6
7

By: /s/ Mark P. Grajski
Mark P. Grajski
Attorney for Defendant
DEVRY UNIVERSITY, INC.

8
9
10

DATED: July 2, 2014

LAW OFFICES OF PARNELL FOX

11
12

By: /s/ Parnell Fox
Parnell Fox
Attorneys for Plaintiff
LORENA LOPEZ

13
14
15

ORDER

16
17
18
19

Good cause appearing, the above Stipulation is accepted and adopted as the Order of
this Court.
IT IS SO ORDERED.

20
21

Dated:

July 2, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28

3
STIPULATION TO CONTINUE EXPERT DISCOVERY DEADLINE; [PROPOSED] ORDER
17542522v.1