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)
1
2
3
4
UNITED STATES DISTRICT COURT
5
FOR THE EASTERN DISTRICT OF CALIFORNIA
6
7
D. L, a minor by and through his guardian ad
litem Kari Ann Junio,
8
Plaintiff,
Case No. 1:14-cv-00824-BAM
ORDER APPROVING STIPULATION TO
MODIFY SCHEDULING ORDER
9
v.
10
MARGARET VASSILEV, M.D., et al.,
(Doc. No. 15)
11
Defendants.
12
13
On February 23, 2018, the Court issued a Scheduling Order in this case setting deadlines for
14
discovery and trial. (Doc. No. 29.) On March 28, 2019, the parties filed a stipulation to extend the
15
discovery and dispositive motion deadlines based upon a medical issue concerning counsel for Plaintiff
16
D.L., a minor by and through his guardian ad litem Kari Ann Junio (“Plaintiff”), as well as counsel for
17
Defendant United States’ inability to participate in discovery due to the government shutdown which
18
occurred from December 22, 2018, through January 28, 2019, and a scheduling conflict with a four-
19
week jury trial in an unrelated matter. (Doc. No. 93.) The Court approved the parties’ stipulation on
20
March 29, 2019, and extended the deadlines set forth in the Scheduling Order as follows:
21
a. Non-expert discovery completed by June 10, 2019;
22
b. Initial expert disclosures due by June 21, 2019;
23
c. Supplemental expert disclosures due by July 5, 2019;
24
d. Expert discovery completed by August 2, 2019; and
25
e. Dispositive motions filed by August 30, 2019.
26
(Doc. No. 94.) The pretrial conference and trial dates remained unchanged. (Id.)
27
Currently before the Court is the parties’ second stipulation to modify the Scheduling Order and
28
extend the applicable expert discovery deadlines as well as the deadline for filing dispositive motions.
1
1
(Doc. No. 98.)
According to the stipulation, the parties deposed former defendant Christopher
2
Bencomo, M.D., on June 4, 2019, and are scheduled to depose Defendant Margaret Vassilev, M.D., on
3
June 10, 2019. (Id. at 1.) The deposition transcripts will not be available for up to a week following
4
each deposition, and the parties’ experts may need additional time to review the transcripts and complete
5
their reports once the transcripts become available. (Id.) Additionally, one of Plaintiff’s experts is
6
traveling for the next few weeks and has advised counsel that they may need additional time to review
7
the deposition transcripts once received. (Id. at 2.) Accordingly, the parties seek to extend the deadline
8
for expert disclosure to July 12, 2019, for supplemental expert disclosure to July 26, 2019, for close of
9
expert discovery to August 23, 2019, and for filing dispositive motions to September 13, 2019. (Id.)
10
Pursuant to the parties’ stipulation, and based upon the unavailability of Plaintiff’s expert, the
11
Court finds that good cause exists to grant the parties’ request for limited extension of the applicable
12
expert discovery and dispositive motion deadlines. Accordingly, it is HEREBY ORDERED that the
13
Court’s Scheduling Order (Doc. No. 29) is modified as follows:
14
a. Initial expert disclosures shall be completed by July 12, 2019;
15
b. Supplemental expert disclosures shall be completed by July 26, 2019;
16
c. Expert discovery shall be completed by August 23, 2019; and
17
d. Dispositive motions shall be served and filed by August 30, 2019.
18
The pretrial conference remains set for November 5, 2019, at 9:00 a.m. in Courtroom 8 before the
19
honorable Barbara A. McAuliffe, United States Magistrate Judge. The trial date likewise remains set
20
for February 4, 2020, at 8:30 a.m. before Judge McAuliffe. The parties are cautioned that further
21
modifications of the scheduling conference order will not be granted absent a showing of good cause.
22
Fed. R. Civ. P. 16(b).
23
IT IS SO ORDERED.
24
25
Dated:
/s/ Barbara
June 10, 2019
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?