D.L. v. Vassilev et al

Filing 99

ORDER APPROVING STIPULATION TO MODIFY SCHEDULING ORDER. The Court's Scheduling Order (Doc. No. 29) is modified as follows: a) Initial expert disclosures shall be completed by July 12, 2019; b) Supplemental expert disclosures shall be completed by July 26, 2019; c) Expert discovery shall be completed by August 23, 2019; and d) Dispositive motions shall be served and filed by August 30, 2019. The pretrial conference remains set for November 5, 2019, at 9:00 a.m. in Courtroom 8 bef ore the honorable Barbara A. McAuliffe, United States Magistrate Judge. The trial date likewise remains set for February 4, 2020, at 8:30 a.m. before Judge McAuliffe. The parties are cautioned that further modifications of the scheduling conference order will not be granted absent a showing of good cause. Order signed by Magistrate Judge Barbara A. McAuliffe on 6/10/2019. (Timken, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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D. L, a minor by and through his guardian ad
litem Kari Ann Junio,

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Plaintiff,

Case No. 1:14-cv-00824-BAM
ORDER APPROVING STIPULATION TO
MODIFY SCHEDULING ORDER

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v.
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MARGARET VASSILEV, M.D., et al.,

(Doc. No. 15)

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Defendants.
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On February 23, 2018, the Court issued a Scheduling Order in this case setting deadlines for

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discovery and trial. (Doc. No. 29.) On March 28, 2019, the parties filed a stipulation to extend the

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discovery and dispositive motion deadlines based upon a medical issue concerning counsel for Plaintiff

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D.L., a minor by and through his guardian ad litem Kari Ann Junio (“Plaintiff”), as well as counsel for

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Defendant United States’ inability to participate in discovery due to the government shutdown which

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occurred from December 22, 2018, through January 28, 2019, and a scheduling conflict with a four-

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week jury trial in an unrelated matter. (Doc. No. 93.) The Court approved the parties’ stipulation on

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March 29, 2019, and extended the deadlines set forth in the Scheduling Order as follows:

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a. Non-expert discovery completed by June 10, 2019;

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b. Initial expert disclosures due by June 21, 2019;

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c. Supplemental expert disclosures due by July 5, 2019;

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d. Expert discovery completed by August 2, 2019; and

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e. Dispositive motions filed by August 30, 2019.

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(Doc. No. 94.) The pretrial conference and trial dates remained unchanged. (Id.)

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Currently before the Court is the parties’ second stipulation to modify the Scheduling Order and

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extend the applicable expert discovery deadlines as well as the deadline for filing dispositive motions.
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(Doc. No. 98.)

According to the stipulation, the parties deposed former defendant Christopher

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Bencomo, M.D., on June 4, 2019, and are scheduled to depose Defendant Margaret Vassilev, M.D., on

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June 10, 2019. (Id. at 1.) The deposition transcripts will not be available for up to a week following

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each deposition, and the parties’ experts may need additional time to review the transcripts and complete

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their reports once the transcripts become available. (Id.) Additionally, one of Plaintiff’s experts is

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traveling for the next few weeks and has advised counsel that they may need additional time to review

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the deposition transcripts once received. (Id. at 2.) Accordingly, the parties seek to extend the deadline

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for expert disclosure to July 12, 2019, for supplemental expert disclosure to July 26, 2019, for close of

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expert discovery to August 23, 2019, and for filing dispositive motions to September 13, 2019. (Id.)

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Pursuant to the parties’ stipulation, and based upon the unavailability of Plaintiff’s expert, the

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Court finds that good cause exists to grant the parties’ request for limited extension of the applicable

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expert discovery and dispositive motion deadlines. Accordingly, it is HEREBY ORDERED that the

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Court’s Scheduling Order (Doc. No. 29) is modified as follows:

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a. Initial expert disclosures shall be completed by July 12, 2019;

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b. Supplemental expert disclosures shall be completed by July 26, 2019;

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c. Expert discovery shall be completed by August 23, 2019; and

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d. Dispositive motions shall be served and filed by August 30, 2019.

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The pretrial conference remains set for November 5, 2019, at 9:00 a.m. in Courtroom 8 before the

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honorable Barbara A. McAuliffe, United States Magistrate Judge. The trial date likewise remains set

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for February 4, 2020, at 8:30 a.m. before Judge McAuliffe. The parties are cautioned that further

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modifications of the scheduling conference order will not be granted absent a showing of good cause.

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Fed. R. Civ. P. 16(b).

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 10, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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