Weeks v. Union Pacific Railroad Company

Filing 22

ORDER GRANTING 21 Stipulation to Modify the Pretrial Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 10/8/2014. (Hall, S)

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William J. Smith, CA Bar No. 056116
[e-mail]
SMITH JOHNSON, INC.
5588 N. Palm Ave
Fresno, CA 93704
Telephone:
559.432.0986
Facsimile:
559.432.0988
Attorneys for Plaintiff,
TREVOR WEEKS
Charles L. Thompson, IV, CA Bar No. 139927
[e-mail]
Jill V. Cartwright, CA Bar No. 260519
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendant
UNION PACIFIC RAILROAD COMPANY

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TREVOR WEEKS

Case No. 13-cv-01641-AWI-JLT

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Plaintiff,
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STIPULATION TO MODIFY THE
PRETRIAL SCHEDULING ORDER

v.
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UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Defendant.

Complaint Filed: October 10, 2013
Trial Date:
August 4, 2015

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Case No. 13-cv-01641-AWI-JLT
STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER

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Plaintiff Trevor Weeks and Defendant Union Pacific Railroad Company submit the
following stipulation to modify the Court’s pretrial Scheduling Order. (Doc. No. 11).
On January 23, 2014, the Court issued a Scheduling Order with deadlines for non-expert

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and expert discovery. (Doc. No. 11). Due to health concerns of Plaintiff’s counsel, the parties

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have been delayed in discovery regarding the facts in this action. The parties have been unable to

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schedule depositions in this case that are critical to determining whether this case can be disposed

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of either through mediation or summary judgment. The deadline to complete non-expert discovery

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is October 31, 2014, and the parties have been unable to take depositions yet. The parties will be

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prejudiced if they are unable to take depositions in this case. The parties are meeting and

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conferring about deposition dates in October and November 2014.

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The parties request the following modifications to the pretrial Scheduling Order:

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Non-expert discovery continued from October 31, 2014 to December 31, 2014

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Expert Discovery continued from January 12, 2015 to April 30, 2015

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These changes do not affect the trial date, or any other pretrial deadlines, such as the

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settlement conference and summary judgment deadlines. The parties have not made any prior

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requests to modify the pretrial schedule order.

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DATED: October 8, 2014

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SMITH JOHNSON, INC.
By:

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/s/ William J. Smith (as authorized on 10/8/14)
William J. Smith

Attorneys for Plaintiff
TREVOR WEEKS

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DATED: October 8, 2014

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By:

/s/ Jill V. Cartwright
Charles L. Thompson, IV
Jill V. Cartwright

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Attorneys for Defendant
UNION PACIFIC RAILROAD COMPANY
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Case No. 13-cv-01641-AWI-JLT
STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER

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ORDER
Before the Court is the stipulation of counsel to extend the deadlines related to non-expert

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and expert discovery. (Doc. 21) The Court is aware of the difficulties of Plaintiff’s counsel in

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recent months (Docs. 18, 19, 20) and, based thereon, will GRANT the stipulation. The scheduling

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order is amended as follows:

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1.

All non-expert discovery SHALL be completed no later than December 31, 2015;

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2.

All expert discovery SHALL be completed no later than April 30, 2015;

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No other deadlines set forth in the scheduling order are authorized to be amended. Further,

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counsel are advised that no further requests to modify the scheduling order will be

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entertained absent a showing of exceptional good caused. They are urged in the strongest of

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terms to complete the needed discovery as soon as possible.

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IT IS SO ORDERED.
Dated:

October 8, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Case No. 13-cv-01641-AWI-JLT
STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER