Tennison v. Lawrence Factor, Inc. et al

Filing 32

Order granting in part stipulation to amend the case schedule, signed by Magistrate Judge Jennifer L. Thurston on 6/5/2017. (Non Discovery due by 6/30/2017; Expert disclosed by 7/14/2017; Expert Discovery due by 9/1/2017) The settlement conference is VACATED but counsel may file a joint stipulation to return it to the Courts calendar when they believe the case is in a settlement posture. In all other respects, the stipulation is DENIED. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHANIE TENNISON,
Plaintiff,

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v.
LAWRENCE FACTOR, INC.; LAB ON
LOCALE; and X-ZAM LABORATORIES,

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Defendants.
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Case No.: 1:16-cv-00247 - LJO - JLT
ORDER GRANTING IN PART STIPULATION TO
AMEND THE CASE SCHEDULE
(Doc. 31)

The parties have stipulated to amend the case schedule to extend virtually all of the remaining

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case deadlines. (Doc. 31) In doing so, the attorney for the plaintiff, Mr. Muir, reports that he only

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recently learned that a key witness whom he believed was still employed by the defendant, is no

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longer employed and he needs time to locate him and depose him. Id. at 4. He reports also that due to

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treatment that has been “delayed, denied and/or subject to approvals of appeals” in the workers

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compensation system, has prevented her experts from properly forming their opinions. Id. Only now

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realizing these delays, are the experts re-grouping and forming their opinions without benefit of the

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workers compensation determinations and need 30 additional days to do so. Id.

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The Court agrees that the new information related to the witness justifies additional time to

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complete discovery. However, it is not convinced that the delays of the workers compensation do

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also. Instead, virtually every case of which the Court is aware that has proceeded through that system

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is suffers from delay. It is the rare case that has no delay. Thus, upon the minimal showing made, the
Court does not accept that the delay has only now been discovered rather than having been attendant

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on this case for some time. If this is not the case, the Court is at a loss to understand why details

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related to when the delays occurred were not provided.

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Therefore, the Court ORDERS:

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1.

The stipulation to amend the case schedule is GRANTED in PART as follows:

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a.

All non-expert discovery SHALL be completed no later than June 30, 2017;

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b.

Experts SHALL be disclosed no later than July 14, 2017 and rebuttal experts

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SHALL be disclosed no later than August 4, 2017;

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c.

All expert discovery SHALL be completed no later than September 1, 2017;

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d.

The settlement conference is VACATED but counsel may file a joint

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stipulation to return it to the Court’s calendar when they believe the case is in a settlement posture;
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In all other respects, the stipulation is DENIED.

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IT IS SO ORDERED.
Dated:

June 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE