National Railroad Passenger Corporation v. Young's Commercial Transfer, Inc. et al.

Filing 33

AMENDED STIPULATION to Continue Trial Date and Discovery Deadlines and ORDER THEREON signed by Magistrate Judge Gary S. Austin on 11/13/2014. Nonexpert Discovery due by 6/5/2015; Expert Disclosure due by 7/16/2015; Rebuttal Expert Disclosure due by 8/6/2015; Expert Discovery due by 9/14/2015; Nondispositive Motions filed by 10/12/2015; Dispositive Motions filed by 11/16/2015; Pretrial Conference set for 2/18/2016 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 4/19/2016 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Martinez, A)

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James D. Emerson, No. 042031

EMERSON · SORENSEN · CHURCH
2520 WEST SHAW LANE, SUITE 102
FRESNO, CALIFORNIA 93711-2765
Telephone: [phone]
Facsimile: [phone]
www.lawemerson.com

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Attorneys for Defendants, YOUNG'S COMMERCIAL TRANSFER, INC. and
RIGOBERTO FERNANDEZ JIMENEZ, individually and doing business as
JIMENEZ TRUCKING

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UNITED STATES DISTRICT COURT

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EASTERN DIVISION

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NATIONAL RAILROAD PASSENGER
CORPORATION,
Plaintiff,

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vs.

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Case No. 1:13-CV-01506-AWI-GSA
(Consolidated with Case No.
1:13-CV-02085-AWI-GSA)
AMENDED STIPULATION TO CONTINUE
TRIAL DATE AND DISCOVERY
DEADLINES and ORDER THEREON

YOUNG'S COMMERCIAL TRANSFER,
INC., a corporation, and RIGOBERTO
FERNANDEZ JIMENEZ, an individual,
d/b/a JIMENEZ TRUCKING,

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Defendants.

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COMPLAINT FILED: September 17, 2013

CELIA RAMIREZ,
Plaintiff,

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vs.

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RIGOBERTO FERNANDEZ JIMENEZ,
JIMENEZ TRUCKING, NATIONAL
RAILROAD PASSENGER CORPORATION,
BARBARA NEU, BNSF RAILWAY
COMPANY, YOUNG'S COMMERCIAL
TRANSFER, INC., and DOES 1 to 200,
Inclusive,

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Defendants.

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COMPLAINT FILED: September 18, 2013

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Amended Stipulation to Continue Trial Date and Discovery Deadlines and Order Page 1

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The parties have met and conferred regarding discovery and mediation in this

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matter.

The parties would like to conduct medical discovery, including Plaintiff Celia

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Ramirez’ deposition, a defense medical examination and depositions of Plaintiff’s treating

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doctors. After concluding this discovery the parties intend to mediate the Ramirez case.

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The continuance of discovery cut-off dates and the trial date would allow this to be

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accomplished.

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would be counter-productive to the goal of resolving the case and not the best use of time

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and resources.

The parties believe conducting non-expert discovery in the next month

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IT IS HEREBY STIPULATED by and between the parties hereto, through their

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respective attorneys of record that dates in the Scheduling Order dated September 5, 2014,

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be modified as follows:

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1.

The trial date and discovery deadlines be continued to the following dates:

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Non Expert Discovery Cutoff:

June 5, 2015

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Expert Disclosure:

July 16, 2015

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Rebuttal Expert Disclosure:

August 6, 2015

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Expert Discovery Cutoff:

September 14, 2015

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Non-dispositive Motion Filing Deadline:

August 4, 2015

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Dispositive Motion Filing Deadline:

September 8, 2015

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Pretrial Conference:

December 1, 2015

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Time: 10:00 a.m.

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Dept: 2

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Jury Trial:

January 26, 2016

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Time: 10:00 a.m.

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Dept: 2

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DATED: November 12, 2014

REICH LAW FIRM
By /s/ Jeff Reich
Jeff Reich
Attorney for Plaintiff
CELIA RAMIREZ

Amended Stipulation to Continue Trial Date and Discovery Deadlines and Order Page 2

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DATED: November 12, 2014

EMERSON · SORENSEN · CHURCH

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By /s/ James D. Emerson
James D. Emerson
Attorney for Defendants YOUNG'S
COMMERCIAL TRANSFER, INC. and
RIGOBERTO FERNANDEZ JIMENEZ,
individually and dba JIMENEZ TRUCKING

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DATED: November 12, 2014

LOMBARDI LOPER & CONANT, LLP
By /s/ B. Clyde Hutchinson
B.Clyde Hutchinson
Attorney for Defendants, NATIONAL
RAILROAD PASSENGER CORPORATION
aka AMTRAK, BNSF RAILWAY COMPANY
and BARBARA ANN NEU

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Amended Stipulation to Continue Trial Date and Discovery Deadlines and Order Page 3

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ORDER
Based on the parties’ foregoing stipulation, the Court modifies the Scheduling Order
dated September 5, 2014.

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proposed dates (see the underlined dates below) to reflect the Court’s sequencing and

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spacing requirements.

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(Doc. 28).

The Court has adjusted some of the parties’

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Accordingly, discovery deadlines, motion filing deadlines, and trial-related dates are
continued as follows:

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Non-Expert Discovery Cutoff:

June 5, 2015

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Expert Disclosure Deadline:

July 16, 2015

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Rebuttal Expert Disclosure Deadline:

August 6, 2015

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Expert Discovery Cutoff:

September 14, 2015

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Non-dispositive Motion Filing Deadline:

October 12, 2015

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Dispositive Motion Filing Deadline:

November 16, 2015

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Pretrial Conference:

February 18, 2016

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Time: 10:00 a.m.

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Crt. Rm.: 2 (AWI)

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Jury Trial:

April 19, 2016

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Time: 8:30 a.m.

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Crt. Rm.: 2 (AWI)

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IT IS SO ORDERED.
Dated:

November 13, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Amended Stipulation to Continue Trial Date and Discovery Deadlines and Order Page 4