Johnson v. Johnson

Filing 84

JOINT STIPULATION and ORDER TO AMEND SCHEDULING ORDER TO EXTEND TIME FOR DISCOVERY AND SUBSEQUENT ACTIONS, signed by Magistrate Judge Michael J. Seng on 1/30/2018. (Kusamura, W)

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Edward J. Johnson (SBN 234205)
Attorney at Law
5622 Heddon Court
Mariposa, CA 95338
559-760-7659
[e-mail]

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Attorney in Pro Se

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
) Case No.: 1:15-CV-01793-MJS
EDWARD J. JOHNSON,
)
) JOINT STIPULATION
Plaintiff,
) AND ORDER TO REQUEST TO AMEND
) SCHEDULING ORDER TO EXTEND
vs.
) TIME FOR DISCOVERY AND
) SUBSEQUENT ACTIONS,
GERALD JOHNSON,
)
)
Defendant.
)

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IT IS HEREBY STIPULATED that the parties to this litigation, by and through their
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respective attorneys of record, hereby request, and stipulate and agree to, an amendment to the
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First Amended Scheduling Order, ECF No. 74, to extend the time for discovery, and all other
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subsequent actions, by six months, pursuant to Local Rule 144. Discovery pertaining to non17

experts is currently ordered to be completed by February 2, 2018.
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Good cause for the request is shown by the following. Neither Plaintiff nor Defendant
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have begun planned depositions, caused in part by a continuing discovery dispute between the
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parties which must be resolved in order to properly prepare for those depositions. Many of those
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depositions will be conducted on the East Coast and will require substantial preparation.
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The parties to this litigation have been embroiled in a discovery dispute since Plaintiff
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propounded discovery requests upon Defendant on August 2, 2017. The parties met several times
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in good faith to resolve the dispute, including a Telephonic Discovery Dispute Conference
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conducted by the Court on November 14, 2017. Resolution was not achieved following the
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Conference and Plaintiff filed a Motion to Compel on December 13, 2017. Pursuant to the
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Court’s Minute Order on the Telephonic Discovery Dispute Conference, the Motion to Compel

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_______________________________________________________________________________________________________
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Stipulated Request for Additional Time

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included Points and Authorities on the question of bifurcating the case so as to conduct trial only

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on selected issues with discovery on other issues and claims to be conducted at a later time.

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Pending the outcome of the discovery dispute, and any change in direction for future

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discovery by any bifurcation Order from the Court, both parties have delayed further discovery

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and, in particular, depositions of the parties and key witnesses. Regardless of the outcome of any

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Order of the Court on the Motion to Compel and question of bifurcation, each party will need to

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re-formulate their discovery plan pursuant to the Court’s pending Order. As Plaintiff’s initial

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discovery request precipitating this dispute was in August 2017, Plaintiff’s discovery requests,

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and Defendant’s discovery responses, have been uncertain for six months. The Parties request

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that the Scheduling Order be amended to allow a six month period to be added to the Scheduling

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Order timetable for discovery deadlines and all subsequent deadlines.

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IT IS FURTHER STIPULATED that this stipulation may be signed in counterparts.
Respectfully Submitted,
Dated: 1/30/18

By:____/s/ Edward J. Johnson__________
Edward J. Johnson
Plaintiff’s Attorney in Pro Se

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Dated: 1/30/18

By:_____/s/ Douglas M. Larsen_________
Douglas M. Larsen
Fishman, Larsen, & Callister
Attorney for Defendant

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ORDER
Based on the Joint Stipulation of the parties, and good cause appearing therefor, IT IS

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ORDERED that the First Amended Scheduling Order be and hereby is AMENDED to extend all

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discovery and other unexpired deadlines and dates by a period of at least six months, the precise

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dates and deadlines to be determined hereafter.

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IT IS SO ORDERED.

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Dated:

January 30, 2018

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
_______________________________________________________________________________________________________
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Stipulated Request for Additional Time