Yith et al v. Johnson et al

Filing 96

STIPULATION AND ORDER AMENDING SCHEDULING ORDER, Non-Expert Discovery due by 7/15/2019; Designation of Expert Witnesses due by 7/19/2019; Rebuttal Expert Disclosures due by 7/26/2019; Expert Discovery Completion due by 8/9/2019; Dispositive Motions/Non-Dispositive Motions filed by 8/14/2019. Order signed by Magistrate Judge Sheila K. Oberto on 05/08/2019. (Apodaca, P)

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JOSEPH H. HUNT
Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director
District Court Section
Office of Immigration Litigation
ANTHONY D. BIANCO
Senior Litigation Counsel
Office of Immigration Litigation
Civil Division
United States Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
E-mail: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SEANLIM YITH and SEAK LEANG YITH,

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Plaintiffs,

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v.

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KEVIN K. MCALEENAN, in his Capacity
as Acting Secretary of Homeland Security,1
et al.,

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Defendants.

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Case No.: 1:14-cv-01875-LJO-SKO
STIPULATION AND ORDER
AMENDING SCHEDULING ORDER

(Doc. 95)

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The parties hereby stipulate and respectfully request that the Court consent to amending
the Scheduling Order, Doc. No. 93, to extend the non-expert discovery deadline by 45 days2 and

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Pursuant to Fed. R. Civ. P. 25(d), Kevin K. McAleenan is automatically substituted as Acting
Secretary of Homeland Security for his predecessor in office, effective April 10, 2019.
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The parties have also proposed to extend the expert discovery deadlines to accommodate their
proposed non-expert discovery extension, but by less than the 45-day period requested for the
non-expert discovery extension to ultimately shorten the length of time requested for the
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the non-dispositive and dispositive motions dates by 14 days, for good cause, and in support

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state:

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1.

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discovery deadlines: non-expert discovery complete by May 31, 2019; expert disclosures

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complete by June 7, 2019; rebuttal expert disclosures complete by June 14, 2019; and expert

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discovery complete by June 30, 2019. Doc. No. 93. The Court further set a deadline of July 31,

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2019, for non-dispositive and dispositive motions. Id.

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2.

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of pages of documents and the deposition of eight witnesses. Furthermore, there are outstanding

On December 13, 2018, the Court issued a scheduling order setting the following

To date, the parties have engaged in active discovery, including production of hundreds

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discovery disputes that the parties are actively attempting to resolve without the need for the

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Court’s intervention.

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3.

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intends on providing additional disclosures and production of documents to Plaintiffs, which is

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expected, in turn, to require additional discovery.

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4.

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complete discovery, and propose the following amended discovery schedule: non-expert

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discovery complete by July 15, 2019; expert disclosures due by July 19, 2019; rebuttal expert

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disclosures due by July 26, 2019; and expert discovery complete by August 9, 2019.

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5.

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extended 14 days to August 14, 2019, in order to not disrupt the dates set thereafter in the

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Scheduling Order. The parties do not wish to cause a change to the trial date.

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6.

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rather to facilitate full and complete discovery in this case.

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The parties intend on conducting additional depositions of witnesses and the government

The parties agree that the additional time requested is necessary to allow the parties to

The parties also propose that non-dispositive and dispositive motion deadlines be

This request is not made for any improper purpose or to create unnecessary delay, but

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For the forgoing reasons, the parties hereby request that the Court modify its Scheduling
Order as follows: non-expert discovery complete by July 15, 2019; expert disclosures due by

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extensions to the motions deadlines. The parties believe that any expert discovery can be
accomplished within the timeframe proposed herein.
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July 19, 2019; rebuttal expert disclosures due by July 26, 2019; expert discovery complete by

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August 9, 2019; and non-dispositive and dispositive motions due by August 14, 2019.

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Dated: May 8, 2019

Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
Civil Division

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/s/ Bruce Leichty (with consent)
BRUCE LEICHTY
Bruce Leichty, A Professional Corporation
264 Clovis Avenue
Clovis, CA 93612
Telephone: [phone]
E-mail: [e-mail]

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Attorney for Plaintiffs

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WILLIAM C. PEACHEY
Director
District Court Section
Office of Immigration Litigation
TIMOTHY M. BELSAN
Chief

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/s/ Anthony D. Bianco
ANTHONY D. BIANCO
Senior Litigation Counsel
Office of Immigration Litigation
Civil Division
United States Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Telephone: [phone]
E-mail: [e-mail]

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Attorneys for Defendants

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ORDER

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The Court, having considered the parties above Stipulation to Amend Scheduling Order

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to Extend Discovery (Doc. 95), and for good cause shown, hereby GRANTS an extension of

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discovery and other pretrial dates as follows:

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Event

Prior Date

Continued Date

Non-Expert Discovery Completion May 31, 2019

July 15, 2019

Expert Disclosures

June 7, 2019

July 19, 2019

Rebuttal Expert Disclosures

June 14, 2019

July 26, 2019

Expert Discovery Completion

June 30, 2019

August 9, 2019

Non-Dispositive Motion Filing

July 31, 2019

August 14, 2019

Non-Dispositive Motion Hearing

September 4, 2019

September 11, 2019

Dispositive Motion Filing

July 31, 2019

August 14, 2019

Dispositive Motion Hearing

September 5, 2019

September 19, 2019

All other dates in the Scheduling Order (Doc. 93), remain unchanged.

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The Court also advises the parties that there is no more room in the schedule to further

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extend any other pretrial dates without moving the trial date. As such, this is the only stipulation

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to modify the Scheduling Order that the Court will entertain.

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IT IS SO ORDERED.
Dated:

May 8, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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