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

Filing 38

STIPULATION to Continue Discovery Deadlines and ORDER signed by Magistrate Judge Gary S. Austin on 8/25/2015. Non Expert Discovery due by 10/16/2015; Expert Disclosure due by 10/23/2015; Rebuttal Expert Disclosure due by 11/13/2015; Expert Disco very due by 1/15/2016; Non-Dispositive Motions filed by 1/22/2016; Dispositive Motions filed by 2/26/2016; Pretrial Conference set for 5/26/2016 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 7/26/2016 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

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

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UNITED STATES DISTRICT COURT
EASTERN DIVISION

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NATIONAL RAILROAD PASSENGER
CORPORATION,
Plaintiff,

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vs.

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

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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CELIA RAMIREZ,
Plaintiff,

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vs.
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,
Defendants.

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COMPLAINT FILED: September 17, 2013

COMPLAINT FILED: September 18, 2013

AND RELATED CROSS-ACTIONS

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Stipulation to Continue Discovery Deadlines and Order

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

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parties are still in the process of taking depositions, after which they intend to mediate the Ramirez

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case. The continuance of discovery cut-off dates would allow this to be accomplished. These

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extensions of time will not affect the pending pretrial or trial dates.

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

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attorneys of record that dates in the Order on Amended Stipulation to Continue Trial Date and

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Discovery Deadlines dated April 23, 2015, be modified as follows:

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Non Expert Discovery Cutoff:

October 16, 2015

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Expert Disclosure:

October 23, 2015

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Rebuttal Expert Disclosure:

November 13, 2015

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Expert Discovery Cutoff:

January 15, 2016

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Non-dispositive Motion Filing Deadline:

January 22, 2016

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Dispositive Motion Filing Deadline:

February 26, 2016

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IT IS FURTHER STIPULATED that:

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1.

These modified dates do not relate to written discovery; and

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2.

All non-expert depositions shall be noticed by no later than August 29, 2015.

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DATED: August 29, 2015

REICH LAW FIRM

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By /s/ Jeff Reich
Jeff Reich
Attorney for Plaintiff
CELIA RAMIREZ

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DATED: August 20, 2015

LOMBARDI LOPER & CONANT, LLP

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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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///

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///
Stipulation to Continue Discovery Deadlines and Order

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DATED: August 20, 2015

EMERSON · SORENSEN · CHURCH

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

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ORDER

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The Court, having considered the parties’ Stipulation to Continue Discovery Deadlines (ECF
No. 37), and good cause appearing, has adjusted the parties’ proposed dates and orders the following
deadlines to be modified as follows:
Non Expert Discovery Cutoff:

October 16, 2015

Expert Disclosure:

October 23, 2015

Rebuttal Expert Disclosure:

November 13, 2015

Expert Discovery Cutoff:

January 15, 2016

Non-dispositive Motion Filing Deadline:

January 22, 2016

Dispositive Motion Filing Deadline:

February 26, 2016

Pretrial Conference:

May 26, 2016
Time: 10:00 a.m.

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Courtroom 2

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Trial:

July 26, 2016
Time: 8:30 a.m.
Courtroom 2

The extension to the non-expert discovery cutoff date is provided solely to complete
depositions as required by the parties. Non-expert depositions shall be noticed by no later than
August 29, 2015. The Court notes that this Stipulation is the third stipulation to be submitted by the
parties that has failed to comport with the guidelines set forth by the Court on November 6, 2014.

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Stipulation to Continue Discovery Deadlines and Order

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(ECF No. 31.) The parties are cautioned that the Court will view future requests with similar

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deficiencies with great disfavor.

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IT IS SO ORDERED.
Dated:

August 25, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Continue Discovery Deadlines and Order

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