Weeks v. Union Pacific Railroad Company

Filing 24

ORDER GRANTING 23 Stipulation to Modify the Pretrial Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 12/16/2014. (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. 1:13-cv-01641-AWI-JLT

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Plaintiff,
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STIPULATION TO MODIFY THE
PRETRIAL SCHEDULING ORDER

v.
(Doc. 23)

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UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Defendant.

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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). On October 9, 2014, the Court signed a stipulated Order

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extending non-expert discovery cut-off until December 31, 2014. (Doc. No. 22). On December 4,

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2014, Defendant began taking Plaintiff’s deposition, but was unable to complete the deposition in

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one day. Due to commitment over the upcoming Christmas holiday as well as commitments in

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other cases, the parties are unable to schedule a time to finish Plaintiff’s deposition until January

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2015. The parties are meeting and conferring for the date to complete Plaintiff’s deposition in

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early January 2015. As such, the parties respectfully request the Court extend the non-expert

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discovery deadline to January 31, 2015. This extension will not affect any of the other pretrial

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deadlines the Court set in this case.

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DATED: December 16, 2014

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SMITH JOHNSON, INC.
By:

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/s/ William J. Smith (as authorized on 12/13/14)
William J. Smith

Attorneys for Plaintiff
TREVOR WEEKS

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DATED: December 16, 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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ORDER

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Based upon the stipulation of the parties, the Court ORDERS:

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The stipulation (Doc. 23) is GRANTED. The non-expert discovery deadline is

extended to January 31, 2015;

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2.

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Absolutely no further requests to modify the scheduling order will be permitted.1

No other modifications to the case schedule are authorized.

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IT IS SO ORDERED.
Dated:

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December 16, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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When the Court last granted the stipulation to amend the scheduling order, it stated in the order, “No other deadlines
set forth in the scheduling order are authorized to be amended. Further, counsel are advised that no further requests
to modify the scheduling order will be entertained absent a showing of exceptional good caused. They are urged
in the strongest of terms to complete the needed discovery as soon as possible.” (Doc. 22 at 3) In granting the
stipulation here, the Court does not mean to imply that this showing has been made; it has not. However, because of
the crucial nature of the completion of Plaintiff’s deposition, the Court will allow this final amendment to the case
schedule.

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