Williams v. United States of America et al

Filing 34

STIPULATION and ORDER 33 Granting Extension of Time as to Deposition of Dr. Coppola, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2016. (Hall, S)

1
2
3
4

PHILLIP A. TALBERT
Acting United States Attorney
JEFFREY J. LODGE
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for the United States

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRANKIE CALVIN WILLIAMS,

11

Plaintiff,

12

v.

13

UNITED STATES OF AMERICA,

14

Defendants.

15
16

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 1:15-cv-01347 DAD JLT
STIPULATION TO ALLOW THE
DEPOSITION OF DR. COPPOLA;
[PROPOSED] ORDER
(Doc. 33)

17

Plaintiff Frankie Calvin Williams (“Plaintiff”), and Defendant United States (“Defendant”),

18

(collectively “the parties”), stipulate, by and through their undersigned counsel, and request that the

19

time to take the deposition of Dr. Alfred Coppola be extended past the discovery cutoff of November

20

21, 2016.

21

The United States requested deposition dates for Dr. Coppola, Plaintiff’s treating phsycian,

22

since at least September 21, 2016. Deposition dates were not immediately provided because the

23

parties attempted a settlement conference with the Court on October 21, 2016, which was not

24

successful. Afterward, the Plaintiff indicated that he would notice the deposition of Dr. Coppola and,

25

in fact, on October 31, 2016, set the deposition for November 17, 2016. On or about Monday,

26

November 14, 2016, plaintiff’s counsel became aware that Dr. Coppola did not wish to have his

27

deposition on that date. This lead to Plaintiff’s decision to withdraw the deposition notice, and a

28

meet and confer between the parties pursuant to Rule 37 of the Federal Rules of Civil Procedure. The

29
STIPULATION TO ALLOW THE DEPOSITION OF DR. COPPOLA; [PROPOSED] ORDER

30

1

1

parties would like to accommodate Dr. Coppola’s schedule and take his deposition at a time more

2

convenient to him, but the discovery cutoff is November 21, 2016.

3

Accordingly, the parties stipulate and agree that they should be allowed to take Dr. Coppola’s

4

deposition within the next 60 days, which is enough flexibility to account for the holidays and Dr.

5

Coppola’s schedule. This is not a material alteration of the scheduling order and no other

6

adjustments to the schedule or the order are contemplated. The parties request the court to endorse

7

this stipulation by way of formal order.
Respectfully submitted,

8
9

Dated: November 17, 2016

PHILLIP A. TALBERT
Acting United States Attorney

10
11

By:

12
13
14

Dated: November 17, 2016

/s/Jeffrey J. Lodge
JEFFREY J. LODGE
Assistant U.S. Attorney
Attorneys for the United States
CHAIN COHN STILES

15
By:

16
17

[PROPOSED] ORDER

18
19

/s/Matthew C. Clark
MATTHEW C. CLARK
Attorneys for Plaintiff

Having reviewed the stipulation submitted by the parties, the parties SHALL take the

20

deposition of Dr. Coppola, if at all, no later than January 16, 2017. No other amendments to the

21

case schedule are authorized.

22
23
24

IT IS SO ORDERED.
Dated:

November 17, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
29
STIPULATION TO ALLOW THE DEPOSITION OF DR. COPPOLA; [PROPOSED] ORDER

30

2