Maduako v. Horizon Health and Subacute, LLC

Filing 25

Stipulation, Declaration of Amy R. Lovegren-Tipton to modify the scheduling order to extend deadlines and dates, signed by Magistrate Judge Erica P. Grosjean on 3/27/2017. (Non Expert Discovery Deadline: 6/16/2017; Settlement Conference curren tly set for 3/30/2017 has been CONTINUED to 6/20/2017 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean; Expert Disclosure due by 7/14/2017; Rebuttal Expert Disclosure due by 8/14/2017; Expert Discovery due by 9/15/2017; Dispositive Motions filed by 10/20/2017; Pretrial Conference set for 2/20/2018 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; Jury Trial set for 5/1/2018 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd) (Rosales, O)

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Amy R. Lovegren-Tipton (SBN 258697)
LAW OFFICE OF AMY R.
LOVEGREN-TIPTON, APLC
5703 N. West Avenue, Suite 103
Fresno, California 93711
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff REGINALD MADUAKO, an individual

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EDWARD GARCIA, Bar No. 173487
KULUVA, ARMIJO & GARCIA
One California Street, Suite 1150
San Francisco, CA 94111
[phone]
[phone] Fax
[e-mail]

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Attorneys for Defendant,
Horizon Health and Subacute, LLC dba
Horizon Health and Subacute Center

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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REGINALD MADUAKO, AN INDIVIDUAL,

CASE NO. 1:16-CV-00652-DAD-EPG

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Plaintiff,
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vs.
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STIPULATION, DECLARATION OF AMY R.
LOVEGREN-TIPTON TO MODIFY THE
SCHEDULING ORDER TO EXTEND
DEADLINES AND DATES

HORIZON HEALTH AND SUBACUTE, LLC,
A CALIFORNIA LIMITED LIABILITY
Complaint Filed: May 9, 2016
COMPANY DOING BUSINESS AS HORIZON Trial Date: February 21, 2018
HEALTH AND SUBACUTE CENTER; AND
DOES 1 THROUGH 25, INCLUSIVE,

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Defendants.
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Plaintiff Reginald Maduako and Horizon Health and Subacute, LLC dba Horizon Health and

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Subacute Center, through their respective counsel, respectfully request the Court modify its pretrial

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scheduling order (ECF No. 15) to extend the discovery and expert witness disclosure deadlines. Good

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cause exists to extend such the discovery and expert witness disclosure deadlines.

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1. The Parties request the Court extend the following deadlines for non-expert and expert
discovery, dispositive motions, Pretrial Conference, and Trial:

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Current Deadline/Date
April 7, 2017

Extended Deadline/Date
June 16, 2017

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Event
Non-expert Discovery
Cutoff

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Expert Disclosure

May 8, 2017

July 14, 2017

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Rebuttal Expert Disclosure

June 8, 2017

August 14, 2017

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Expert Discovery Cutoff

July 7, 2017

September 15, 2017

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Dispositive Motion Filing

August 21, 2017

October 20, 2017

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Pretrial Conference

December 18, 2017

February 19, 2018,

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at 1:30 p.m.
Trial

February 21, 2018

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May 1, 2018,
at 1:00 p.m.

2. The Parties further request that the Early Settlement Conference be rescheduled to June 20,
2017. The current conference date is March 30, 2017.
3. The parties have exchanged written discovery, including completion of initial disclosures.
Plaintiff’s deposition has been taken, but not completed.
4. Plaintiff’s counsel has recently determined it necessary to file a motion to substitute out as

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counsel for Plaintiff. This has delayed Defendant’s ability to complete Plaintiff’s deposition, and

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also necessitates the rescheduling of the Early Settlement Conference.

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5. This is the Parties’ first request to modify the Scheduling Order.

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6. Therefore, pursuant to the Court’s scheduling order (ECF No. 15) and Local Rule

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143, the Parties herby submit this stipulation for modification of the pretrial scheduling order

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(ECF No. 15).

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DATED: March 24, 2017

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LAW OFFICE OF AMY R. LOVEGREN-TIPTON
By: /s/ Amy R. Lovegren-Tipton __________
AMY R. LOVEGREN-TIPTON
Attorneys for Plaintiff
REGINALD MADUAKO

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DATED: March 24, 2017

KULUVA, ARMIJO & GARCIA

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By: /s/ Edward Garcia___________________
EDWARD GARCIA
Attorneys for Defendant
Horizon Health and Subacute, LLC dba
Horizon Health and Subacute Center

DECLARATION OF AMY R. LOVEGREN-TIPTON

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I, Amy R. Lovegren-Tipton, declare as follows:

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1. I am an attorney at law, duly licensed to practice in the State of California, and I am

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with the law firm of Law Office of Amy R. Lovegren-Tipton, APLC. I am counsel of record for

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Plaintiff Reginald Maduako in the above-captioned matter. The following is based on

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my personal knowledge, and if called upon to do so, I could and would competently

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testify thereto.

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2. I submit this declaration in accordance with the Court’s Scheduling Order (ECF
No. 15), which states that stipulations to continue the dates in the Scheduling Order should be
accompanied by affidavits or declarations.
3. I will be filing a motion to withdraw as counsel for Plaintiff. This in turn has delayed the

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completion of discovery in this matter and also necessitates the need to reschedule the discovery

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cutoff deadlines, early settlement conference, pretrial conference, and trial dates.

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4. Extending the non-expert and expert discovery cut-off dates and hearing dates will give the
Parties more time to complete discovery.

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5. This is the Parties’ first request to modify the Scheduling Order.

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I declare under penalty of perjury under the laws of the United States of America and the

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State of California that the foregoing is true and correct, and this declaration was executed on March

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24, 2017 in Fresno, California.

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_/s/ Amy R. Lovegren-Tipton__________
AMY R. LOVEGREN-TIPTON

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Scheduling Order (ECF No. 15) is modified to extend the deadlines for all discovery,
expert witness disclosures, and dispositive motion filing as follows:

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New Deadline/Date
June 16, 2017

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Event
Non-expert Discovery
Cutoff

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Expert Disclosure

July 14, 2017

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Rebuttal Expert Disclosure

August 14, 2017

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Expert Discovery Cutoff

September 15, 2017

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Dispositive Motion Filing

October 20, 2017

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Pretrial Conference

February 20, 2018,

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at 1:30 p.m.
Trial

May 1, 2018,

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at 1:00 p.m.

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The Court continues the Settlement Conference for March 30, 2017 (ECF No. 17) until June 20, 2017

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at 1:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.

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IT IS SO ORDERED.
Dated:

March 27, 2017

/s/
UNITED STATES MAGISTRATE JUDGE