Jimenez, et al. v. Volvo Ce Rents, Inc., et al.

Filing 23

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 9/19/16 ORDERING that the deadline for completion of discovery shall be extended from October 25, 2016 to December 16, 2016; and the date to disclose experts shall be extended from December 2, 2016 to January 16, 2017. (Becknal, R)

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ANNE J. KEPNER – BAR NO. 181078
NEEDHAM KEPNER & FISH LLP
1960 The Alameda, Suite 210
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIA I. JIMENEZ; LUIS ANDRES JIMENEZ;
JOSE LUIS JIMENEZ, JR.; BRANDO LUIS
JIMENEZ, a minor, by his Guardian ad Litem
Maria I. Jimenez; AIME JASMINE JIMENEZ, a
minor, by her Guardian ad Litem Maria I.
Jimenez; AELLEN GEMA JIMENEZ, a minor, by
her Guardian ad Litem Maria I. Jimenez; and
NIMZY HAZEL JIMENEZ, a minor, by her
Guardian ad Litem Maria I. Jimenez,

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STIPULATION TO FURTHER
EXTEND DEADLINES CONTAINED
IN PRETRIAL SCHEDULING
ORDER; ORDER EXTENDING
DEADLINES

Plaintiffs,

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No. 1:15-CV-01259-TLN-SAB

vs.
VOLVO CE RENTS, INC.; BLUELINE RENTAL,
LLC; TEICHERT, INC., dba TEICHERT
CONSTRUCTION; A. TEICHERT & SONS,
INC.; and DOES 1 – 20, inclusive,

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Defendants.
WHEREAS the parties will be unable to complete the depositions of the parties and
percipient witnesses by the current discovery deadline of October 25, 2016;
WHEREAS the parties have coordinated the following depositions to occur on the

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following dates: 9/26/16 Officer Macias in Modesto; 10/5/16 Mark Netjes in Modesto;

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10/11/16 Michelle Grubbs and John Caynak of OSHA in Sacramento; and 10/12/16 Dave
-1STIPULATION TO FURTHER EXTEND DEADLINES CONTAINED IN PRETRIAL SCHEDULING ORDER; and ORDER EXTENDING
DEADLINES

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Mello of Blueline Rental in Fresno.
In addition, the parties have met and conferred and identified these additional

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dates for possible depositions: September 19, 21, 27, October 6, and 10, 2016.
Plaintiffs’ counsel intends to depose 4 employees of Teichert Construction,

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decedent’s employer. These witnesses will be produced and represented by Teichert’s

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attorney who is involved in a two-month long trial and therefore has limited availability, and

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so far has not been able to produce these witnesses in the allowed time.
In addition, defense counsel intends to take the depositions of all 7 plaintiffs,

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2 employees from the coroner’s office, and employees of the Merced County Fire
Department who responded to the scene of the accident.
WHEREAS the attorneys have met and conferred and agreed that an additional 50

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days will be sufficient time to schedule and take the needed depositions;
WHEREAS the attorneys have also met and conferred and agreed that disclosing

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experts within 30 days of completing discovery will allow sufficient time to depose said

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experts as it is not anticipated there will be more than 5 experts per party;
WHEREAS the parties are working cooperatively to schedule the necessary

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depositions and exchange discovery;
WHEREAS the parties are in agreement that all other deadlines listed in the Pre-

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Trial Scheduling Order can be met;
The parties HEREBY STIPULATE AND AGREE that the deadline for completion of

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discovery shall be extended from October 25, 2016 to December 16, 2016 and that the

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deadline to disclose experts shall be extended from December 2, 2016 to January 16,

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2017.

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-2STIPULATION TO FURTHER EXTEND DEADLINES CONTAINED IN PRETRIAL SCHEDULING ORDER; and ORDER EXTENDING
DEADLINES

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IT IS SO STIPULATED:

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Dated: September 13, 2016
NEEDHAM KEPNER & FISH LLP

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By: ____/s/____________________________
ANNE J. KEPNER
Attorneys for Plaintiff

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Dated: September __15_, 2016
SNELL & WILMER, LLP

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By: ___/s/_____________________________
ALINA MOORADIAN
Attorneys for Defendant
Blueline Rental LLC

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ORDER

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Pursuant to the stipulation of the parties, and good cause appearing, it is hereby
ordered as follows:
The deadline for completion of discovery shall be extended from October 25, 2016
to December 16, 2016.
The date to disclose experts shall be extended from December 2, 2016 to
January 16, 2017.
IT IS SO ORDERED.

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Dated: September 19, 2016

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Troy L. Nunley
United States District Judge

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STIPULATION TO FURTHER EXTEND DEADLINES CONTAINED IN PRETRIAL SCHEDULING ORDER; and ORDER EXTENDING
DEADLINES