Mendoza v. General Motors LLC et al

Filing 26

ORDER Granting in Part 25 Stipulation to Amend the Case Schedule, signed by Magistrate Judge Jennifer L. Thurston on 8/15/2017. Discovery Deadlines: Non-Expert 10/30/2017; Expert 1/19/2018. Non-Dispositive Motion Deadlines: Filed by 1/26/2018; Hearing by 2/23/2018. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MIRIAM MICHELLE MENDOZA, 12 Plaintiff, 13 14 v. GENERAL MOTORS LLC, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00967 - LJO - JLT ORDER GRANTING IN PART STIPULATION TO AMEND THE CASE SCHEDULE (Doc. 25) The parties have stipulated to amend the case schedule as to all remaining dates except the 18 pretrial conference and the trial dates. (Doc. 25 at 2-3) They explain that the amendment is 19 needed because of delays in seeking and producing the GM LLC corporate representative for 20 deposition. Id. at 2. They assert that they need to extend expert discovery because “they prefer to 21 complete fact and party witness depositions before serving expert disclosures and reports, as this 22 will facilitate completeness of expert reports.”1 Id. Likewise, they assert that the case schedule 23 should be amended as to non-expert discovery “to facilitate the orderly progress of discovery” but 24 fail to explain why they are unable to complete non-expert discovery by the current deadline of 25 October 2, 2017, give the corporate deposition will occur a full month earlier and they offer no 26 27 28 1 Despite this, the schedule counsel propose requires the plaintiff to disclose her experts a month before the close of their proposed deadline for non-expert discovery. Thus, the Court is at a loss to understand exactly what the motivation is for the stipulation—other than providing counsel additional time to complete discovery that, apparently, they did not pursue earlier. 1 1 further description of outstanding discovery needs. Notably, in their joint mid-discovery status conference, filed on July 3, 2017, they indicated 2 3 that the bulk of their discovery would be completed by the beginning of August and that “[t]he 4 parties do not currently anticipate any impediments to [completing] discovery.” (Doc. 23 at 2) 5 Also left unexplained is why, despite that the case was scheduled in October 2016, the parties 6 waited until July to conduct the needed depositions. Finally, the case schedule the parties propose 7 in their stipulation—while providing them significant additional time to complete discovery—fails 8 to provide sufficient time for the needed Court actions including determining motions. Therefore, 9 the Court ORDERS: 1. 10 a. All non-expert discovery SHALL be completed no later than October 30, b. 11 12 The stipulation to amend the case schedule is GRANTED in PART as follows: The plaintiff SHALL disclose her experts no later than November 3, 2017 2017; 13 14 and the defendant SHALL disclose its experts no later than November 29, 2017. Plaintiff may 15 disclose rebuttal experts no later than December 22, 2017; 16 c. All expert discovery SHALL be completed no later than January 19, 2018; 17 d. Non-dispositive motions, if any, SHALL be filed no later than January 26, 18 19 2018 and heard no later than February 23, 2018; 2. As to the requests to amend the dispositive motion filing deadline and associated 20 hearing date and as to the specific proposed schedule agreed upon by counsel, the stipulation is 21 DENIED. 22 Absolutely no other amendments to the case schedule are authorized. The parties are 23 urged, once again (See Doc. 24), to complete their discovery of this case expeditiously. The 24 Court does not contemplate entertaining any further requests to amend the case schedule. 25 26 27 28 IT IS SO ORDERED. Dated: August 15, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 2

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