Tenorio et al v. Gallardo et al

Filing 51

ORDER GRANTING 50 Stipulation to Amend the Case Schedule, signed by Magistrate Judge Jennifer L. Thurston on 3/21/2017. Discovery Deadlines: Non-Expert 9/29/2017; Expert 12/1/2017. Non-Dispositive Motion Deadlines: Filed by 12/15/2017; Hearing by 1/16/2018. Dispositive Motion Deadlines: Filed by 1/26/2018; Hearing by 3/6/2018. Pretrial Conference CONTINUED to 4/23/2018 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial CONTINUED to 6/19/2018 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUCARIA TENORIO, et al.,
Plaintiffs,

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v.
GABRIEL GALLARDO SR., et al.,
Defendants.

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Case No.: 1:16-cv-00283 -DAD - JLT
ORDER GRANTING THE STIPULATION TO
AMEND THE CASE SCHEDULE
(Doc. 50)

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The parties have submitted a stipulation to “modify the scheduling order to continue the

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discovery cut-off and the deadlines for non-dispositive motions.” (Doc. 50 at 2) The parties contend

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that “[d]espite the diligence of the Parties, the current discovery deadline of March 27, 2017 cannot be

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met” for the following reasons:

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First, two new defendants, Hardeep Kaur and Pawan Kooner, have only recently
appeared. Consequently, discovery as to these new defendants has just begun and
cannot be completed within the cutoff. Second, discovery as to Defendants Kern
County Cultivation, Inc., Gabriel Gallardo, Silvia Gallardo and Manuel Gallardo has
been delayed and cannot be completed within the cutoff due to their counsel’s motion
to withdraw from representation.

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(Id. at 2-3) Accordingly, they propose the non-expert discovery deadline be extended to September

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29, 2017; the expert discovery deadline be extended to November 8, 2017; and the non-dispositive

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motion deadline be extended to October 15, 2017. (Id. at 5)

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Notably, the parties fail to address the fact that the proposed amendments also impact the
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dispositive motion deadline, pre-trial conference, and trial dates. Currently, all dispositive motions are

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to be filed no later than June 27, 2017, and heard no later than August 15, 2017. (Doc. 19 at 4,

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emphasis omitted) In addition, the pre-trial conference is set for October 30, 2017, with the trial on

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January 9, 2018. (Id. at 5) The parties’ stipulation fails to acknowledge the impact that the proposed

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deadlines would have upon the rest of the litigation and fails to account for the need to make expert

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disclosures in an orderly fashion. Therefore, the Court ORDERS:
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The stipulation to amend the case schedule is GRANTED. The case schedule is

amended as follows:

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a.

Non expert discovery SHALL be completed no later than September 29, 2017;

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b.

The parties SHALL disclose experts no later than October 13, 2017 and any

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rebuttal experts SHALL be disclosed no later than November 3, 2017. All expert discovery SHALL

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be completed no later than December 1, 2017;
c.

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heard no later than January 16, 2018;
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Non-dispositive motions SHALL be filed no later than December 15, 2017 and

Dispositive motions SHALL be filed no later than January 26, 2018 and heard

no later than March 6, 2018;

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e.

The pretrial conference is set on April 23, 2018 at 3:30 p.m.;

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f.

The trial is set on June 19, 2018 at 1:30 p.m.

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No other amendments are authorized.1

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IT IS SO ORDERED.

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Dated:

March 21, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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However, the Court will entertain a stipulation to continue the settlement conference if by the time of the July 7, 2017
date, the case is not in a settlement posture.

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