Martinez v. County of Tulare et al

Filing 36

STIPULATION and ORDER TO CONTINUE DISCOVERY DEADLINES. Amend Pleadings: 5/1/2017. Non-Expert Discovery Deadline: 6/23/2017. Expert Disclosures: 6/23/2017. Rebuttal Expert Disclosures: 6/28/2017. Expert Discovery Deadline: 7/21/2017. Mid-Dis covery Status Conference set for 4/13/2017, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Mid-Discovery Status Report shall be filed by no later than 4/6/2017. The non-dispositive motion deadlines, dispositive motio n deadlines, pretrial conference, and trial dates are hereby VACATED and shall be set at the Mid-Discovery Status Conference on April 13, 2017. In their Mid-Discovery Status Report, the parties shall propose dates for these events that are agreed to by all counsel. Order signed by Magistrate Judge Sheila K. Oberto on 2/14/2017. (Thorp, J)

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ARTURO J. GONZÁLEZ (CA SBN 121490)
[e-mail]
CAITLIN SINCLAIRE BLYTHE (CA SBN 265024)
[e-mail]
ALEXANDRA E. LAKS (CA SBN 291861)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]

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Attorneys for Plaintiff
MARIA EVA MARTINEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIA EVA MARTINEZ,
Plaintiff,

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v.

Case No.

16-cv-01140-DAD-SKO

STIPULATION AND ORDER TO
CONTINUE DISCOVERY
DEADLINES

TULARE COUNTY, SAN DIEGO COUNTY,
and DOES 1-100,

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Defendants.
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STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES
CASE NO. 16-CV-01140-DAD-SKO

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Pursuant to Civil Local Rule 143, Plaintiff Maria Eva Martinez and Defendant County of

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San Diego (hereafter, the “parties”) through their undersigned counsel hereby stipulate as follows:

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WHEREAS, the Court issued a Scheduling Order on December 2, 2016 (ECF 21);

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WHEREAS, in the Scheduling Order the Court set the following discovery or discovery-

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related deadlines:

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

Motions or stipulations requesting leave to amend the pleadings on February 1, 2017;

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

Close of Non Expert Discovery on February 24, 2017;

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

Expert Disclosures on February 24, 2017;

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

Rebuttal Expert Disclosures on February 28, 2017;

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

Close of Expert Discovery on March 24, 2017;

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

Mid-Discovery Status Report on February 2, 2017;

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

Mid-Discovery Status Conference on February 9, 2017;

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WHEREAS, the County of Tulare made an offer of judgment, which Plaintiff has

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accepted, resolving the dispute between the Plaintiff and the County of Tulare;
WHEREAS, the Court issued an order inadvertently closing the case on January 18, 2017
and vacating all dates;

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WHEREAS, the Court issued an order re-opening the case as to Defendant County of San

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Diego, correcting the clerical error in the January 18, 2017 order closing the case, and inviting the

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parties to propose new case dates and deadlines;

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WHEREAS, the parties have met and conferred and agree that a short extension of the
discovery and discovery-related dates is supported by good cause and is in the interests of justice.
NOW, THEREFORE, the parties, through their respective attorneys and subject to the
approval of the Court, hereby stipulate and agree as follows:
The following discovery and discovery-related deadlines shall all be continued to the
following dates:

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1. Motions or stipulations requesting leave to amend the pleadings on May 1, 2017;

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2. Close of Non Expert Discovery on June 23, 2017;

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3. Expert Disclosures on June 23, 2017;
STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES
CASE NO. 16-CV-01140-DAD-SKO

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4. Rebuttal Expert Disclosures on June 28, 2017;

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5. Close of Expert Discovery on July 21, 2017;

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6. Mid-Discovery Status Report on April 6, 2017;

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7. Mid-Discovery Status Conference on April 13, 2017;
In the parties’ mid-discovery status report, they will update the Court as to their progress

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with discovery and propose an agreed-upon full case schedule at that time (or their respective

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positions on a full case schedule, if an agreement cannot be reached).
By agreeing to the above continuation, the parties do not agree to forego any rights to seek

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additional relief related to the other party’s delay or failure to participate in discovery.
Dated: February 10, 2017

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ARTURO J. GONZÁLEZ
CAITLIN SINCLAIRE BLYTHE
ALEXANDRA E. LAKS
MORRISON & FOERSTER LLP

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By: /s/ Arturo J. González
ARTURO J. GONZÁLEZ

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Attorneys for Plaintiff
MARIA EVA MARTINEZ

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Dated: February 10, 2017

THOMAS E. MONTGOMERY
COUNTY COUNSEL

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By: /s/ Robert A. Ortiz
(as authorized 2/10/2017)
Robert A. Ortiz

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Attorneys for Defendant
COUNTY OF SAN DIEGO

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//

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STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES
CASE NO. 16-CV-01140-DAD-SKO

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ORDER
Based on the parties’ above-stipulation, the Court’s Scheduling Order (Doc. 21) is hereby

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MODIFIED as follows:

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EVENT
CURRENT DATE
Deadline for motions or stipulations
February 1, 2017
requesting leave to amend the
pleadings

May 1, 2017

Non-expert discovery deadline

February 24, 2017

June 23, 2017

Expert disclosures

February 24, 2017

June 23, 2017

Rebuttal expert disclosures

February 28, 2017

June 28, 2017

Expert discovery deadline
Mid-Discovery Status Report
Deadline
Mid-Discovery Status Conference

March 24, 2017

July 21, 2017

February 2, 2017

April 6, 2017

February 9, 2017

April 13, 2017

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It is further ORDERED that the non-dispositive motion deadlines, dispositive motion

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deadlines, pretrial conference, and trial dates are hereby VACATED and shall be set at the MidDiscovery Status Conference on April 13, 2017. In their Mid-Discovery Status Report, the
parties shall propose dates for these events that are agreed to by all counsel.
IT IS SO ORDERED.

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NEW DATE

Dated:

February 14, 2017

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE
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STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES
CASE NO. 16-CV-01140-DAD-SKO

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