Palmer v. Iosefa et al

Filing 54

ORDER on JOINT STIPULATION for CONTINUANCE of CERTAIN SCHEDULED DATES. Fact Discovery Cut-off: 1/31/18. Expert Disclosures: 2/16/18. Suppl. Expert Disclosures: 3/2/18. Expert Discovery Cut-off: 4/16/18. Non-Dispositive Mtn. Filing: 4/25/18. Non-Dispositive Mtn. Hearing: 5/23/18. Dispositive Mtn. Filing: 5/9/18. Dispositive Mtn. Hearing: 6/20/18. Settlement Conference currently set for 4/12/2018, is CONTINUED to 8/3/2018, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Jud ge Erica P. Grosjean. Pretrial Conference currently set for 5/30/2018, is CONTINUED to 8/29/2018, at 02:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Jury Trial currently set for 7/31/2018, is CONTINUED to 10/30/2018, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 12/19/2017. (Timken, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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ROBERT PALMER,

1:16-cv-00787 SKO

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Plaintiff,

ORDER ON JOINT STIPULATION FOR
CONTINUANCE OF CERTAIN
SCHEDULED DATES

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v.
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CALIFORNIA HIGHWAY PATROL
OFFICER IOSEFA; et al.,

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Defendants.
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Pursuant to the Court’s order entered October 2, 2017, fact discovery was to be completed

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by November 29, 2017, and experts were to be disclosed by December 11, 2017. (See Doc. 51.)
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The parties filed their “Joint Stipulation for Continuance of Certain Dates” (the “Stipulation”) on

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December 13, 2017—after these deadlines had passed. (See Doc. 53.)
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Although the Court may extend time for discovery after the deadline has expired because
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of “excusable neglect,” Fed. R. Civ. P. 6(b)(1)(B), no such excusable neglect has been

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articulated—much less shown—here. Notwithstanding this deficiency, and given the absence of
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bad faith or prejudice to Plaintiff (as evidenced by the parties’ agreement to the extension of

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time), and in view of the liberal construction of Fed. R. Civ. 6(b)(1) to effectuate the general
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Order on Joint Stipulation for Continuance of Certain Scheduled Dates (1:16-cv-00787-SKO)

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purpose of seeing that cases are tried on the merits, see Ahanchian v. Xenon Pictures, Inc., 624

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F.3d 1253, 1258–59 (9th Cir. 2010), the Court will adopt the Stipulation in part, with

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modifications indicated below. The parties are cautioned that future post hoc request for

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extensions of time will be viewed with disfavor.

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In addition, the Court notes that some of the deadlines represented as “current” in the

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Stipulation are not the same as those deadlines set by the Court in its October 2, 2017, order.

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(Compare Doc. 53 with Doc. 51.) The Court admonishes the parties to carefully review all

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prior orders of the Court before seeking further judicial action.

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Having reviewed the Stipulation, and good cause appearing, the Court hereby GRANTS
the Stipulation IN PART, and modifies its October 2, 2017, order as follows:

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Current Date

New Date

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Fact Discovery Cut-off

11/29/17

1/31/18

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Expert Disclosures

12/11/17

2/16/18

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Suppl. Expert Disclosures

12/29/17

3/2/18

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Expert Discovery Cut-off

1/26/18

4/16/18

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Non-Dispositive Mtn. Filing

1/26/18

4/25/18

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Non-Dispositive Mtn. Hearing

2/28/18

5/23/18

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Dispositive Mtn. Filing

2/21/18

5/9/18

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Dispositive Mtn. Hearing

4/4/18

6/20/18

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Settlement Conference

4/12/18

8/3/18 at 10:30 a.m. in
Courtroom 10 before U.S.
Magistrate Judge Erica P.
Grosjean

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Pre-Trial Conference

5/30/18

8/29/18

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Trial

7/31/18

10/30/18

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IT IS SO ORDERED.

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Dated:

December 19, 2017

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE
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Order on Joint Stipulation for Continuance of Certain Scheduled Dates (1:16-cv-00787-SKO)