Taylor v. FedEx Freight, Inc.

Filing 32

STIPULATION and ORDER TO EXTEND TIME TO TAKE PLAINTIFF'S EXPERT'S DEPOSITON AND TO DESIGNATE SUPPLEMENTAL EXPERT ECONOMIST. IT IS HEREBY ORDERED that Plaintiff's expert economist's deposition shall be taken on or before October 13, 2017; provided, further, that Defendant FedEx shall be allowed to serve its supplemental expert witness disclosure for an expert economist no later than October 27, 2017, with all other deadlines remaining as previously scheduled herein. Order signed by Magistrate Judge Barbara A. McAuliffe on 7/28/2017. (Thorp, J)

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CHARLES TRUDRUNG TAYLOR, #127105
ANA de ALBA, #253917
LANG, RICHERT & PATCH
Post Office Box 40012
Fresno, California 93755-0012
Telephone: [phone]
Facsimile: 559.228.6727
[e-mail]
[e-mail]

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Attorneys for Defendant FEDEX FREIGHT, INC.

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UNITED STATES DISTRCT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROY D. TAYLOR, on behalf of himself
and all others similarly situated,

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Plaintiff,
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v.

Case No. 1:16-CV-00438-BAM
STIPULATION AND ORDER TO EXTEND
TIME TO TAKE PLAINTIFF’S EXPERT’S
DEPOSITON AND TO DESIGNATE
SUPPLEMENTAL EXPERT ECONOMIST

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FEDEX FREIGHT, INC., an Arkansas
Corporation; and DOES 1 through 10,
inclusive,

Judge: Honorable Barbara A. McAuliffe

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Defendants.

Complaint Filed: March 29, 2016

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Plaintiff, Roy Taylor (“Plaintiff”), and Defendant, FedEx Freight, Inc. (“Defendant”), or

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collectively with Plaintiff, (“the Parties”), by and through their respective counsel, hereby

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stipulate as follows:

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WHEREAS, the Scheduling Conference Order in this case sets the time for service of

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initial expert witness disclosures as no later than June 9, 2017, and supplemental expert witness

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disclosures as no later than June 23, 2017.

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WHEREAS, the Scheduling Conference Order further provides that the disclosures must

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be made pursuant to Federal Rules of Civil Procedure section 26(a)(2)(A) and (B) and include

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all the information required thereunder.

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Stipulation and Order to Extend Time to Take Plaintiff’s Expert’s Deposition, etc.

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WHEREAS, Plaintiff timely provided the expert designation for his expert economist;

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however, he did not provide any of the supporting information as required under the rules and

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the Scheduling Conference Order.

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WHEREAS, Plaintiff provided his expert economists’ report and supporting information

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by email on June 28, 2017, which was five days after the date for supplemental expert witness

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disclosures;

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WHEREAS, the taking of Plaintiff’s expert economist’s deposition at this time would

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likely require an updated opinion by Plaintiff’s expert economist because Plaintiff will claim

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that his past economic damages have continued to accrue before trial;

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WHEREAS, Defendant did not have an opportunity to timely serve a supplemental
expert disclosure;

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WHEREAS, the trial in this matter is set for January 23, 2018;

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WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that Defendant shall be

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allowed to take Plaintiff’s economist’s deposition on or before Friday, December 15, 2017;

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provided, further, that Defendant shall be allowed to serve its supplemental expert witness

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disclosure for an expert economist no later than Friday, December 29, 2017.

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IT IS SO STIPULATED.
Dated: July 11, 2017

THE ASHWORTH LAW OFFICE

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/s/ James C. Ashworth
James C. Ashworth
Attorneys for Plaintiff,
ROY D. TAYLOR

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Dated: July 11, 2017

LANG RICHERT & PATCH

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/s/ Charles Trudrung Taylor
Charles Trudrung Taylor
Attorneys for Defendant
FEDEX FREIGHT, INC.

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Stipulation and Order to Extend Time to Take Plaintiff’s Expert’s Deposition, etc.

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ORDER

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On July 28, 2017, the Court held a telephonic status conference to discuss the above-

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referenced stipulation of the parties. As indicated at the conference, the Court will grant the

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stipulated extension of time, but will advance the dates selected by the parties. Accordingly,

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based on the Court’s interest in managing its docket and maintaining the currently scheduled

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pretrial and trial dates in this matter, IT IS HEREBY ORDERED that Plaintiff’s expert

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economist’s deposition shall be taken on or before October 13, 2017; provided, further, that

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Defendant FedEx shall be allowed to serve its supplemental expert witness disclosure for an

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expert economist no later than October 27, 2017, with all other deadlines remaining as

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previously scheduled herein.

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IT IS SO ORDERED.
Dated:

July 28, 2017

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order to Extend Time to Take Plaintiff’s Expert’s Deposition, etc.