Chaudhry et al v. Smith et al

Filing 30

ORDER GRANTING MOTION TO MODIFYSCHEDULING ORDER (ECF NO. 21 ); ORDER VACATING DECEMBER 1, 2017HEARING, ORDER ADOPTING PARTIES PROPOSEDSCHEDULE AND SETTING NEW DATESAND DEADLINES (ECF NO. 27 ); Designation of Expert Witnesses due by 5/9/2018, Rebutt al 5/23/2018; Non-Expert Discovery due by 4/9/2018, Expert 8/7/2018; Non-Dispositive Motions filed by 8/7/2018; Dispositive Motions filed by 11/8/2018; Pretrial Conference set for 2/12/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill; Jury Trial set for 4/9/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill, signed by Magistrate Judge Michael J. Seng on 11/28/2017. (Bernacchi, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 PERVAIZ A. CHAUDHRY, M.D., and VALLEY CARDIAC SURGERY MEDICAL GROUP, 14 15 16 17 18 19 20 21 ORDER GRANTING MOTION TO MODIFY SCHEDULING ORDER (ECF NO. 21) Plaintiffs, 12 13 Case No. 1:16-cv-01243-LJO-MJS ORDER VACATING DECEMBER 1, 2017 HEARING v. DR. KAREN SMITH, in her official ORDER ADOPTING PARTIES’ PROPOSED capacity as Director of the California SCHEDULE AND SETTING NEW DATES Department of Public Health, STEVEN AND DEADLINES (ECF NO. 27) LOPEZ, California Department of Public Health, Fresno District Office Manager, in his official and personal capacity; ERIC CREER, in his personal capacity, BEA HENSLEIT, in her personal capacity; SHIRLEY CAMPBELL, in her personal capacity, DEIDRE KAPPMEYER, in her personal capacity; and DOES 1 through 10, inclusive, Defendants. 22 23 24 25 Upon due consideration of: the Court’s previous Scheduling Order (ECF No. 17); 26 Plaintiff’s Motion to Modify the Scheduling Order and related papers (ECF No. 21); 27 Defendants’ non-opposition, and then Stipulation, to said motion (ECF Nos. 22 & 23); 28 1 Plaintiff’s Supplemental sealed filings (ECF Nos. 25, 28 & 29) in response to the Court’s 2 request (ECF Nos. 24 & 26) for assurances that modification of the Scheduling Order 3 would enable and ensure strict adherence to extended dates and deadlines; and, the 4 parties’ First Amended Scheduling Report (ECF No. 27), and GOOD CAUSE 5 APPEARING, IT IS HEREBY ORDERED that: 6 1. The Court’s Initial Scheduling Order (ECF No. 17) is MODIFIED, but only 7 insofar as as-yet-unexpired deadlines and still-pending dates specified 8 therein are vacated; 9 2. The following dates and deadlines shall control further proceedings in this 10 case: 11 Discovery Deadlines: 12 Non-Expert: April 9, 2018 13 Expert: 14 August 7, 2018 Expert Disclosure Deadlines: 15 Initial: May 9, 2018, 16 Supp.: May 23, 2018 17 18 Motion Deadlines: Non-Dispositive: 19 Filing: August 7, 2018 20 Hearing: TBD 21 Dispositive: 22 Filing: November 8, 2018 23 Hearing: December 18, 2018 24 25 Pretrial Conference: February 12, 2019 26 Jury Trial: April 9, 2019 27 28 2 1 3. 2 All other provisions of the Initial Scheduling Order remain in full force and effect. 3 4. The December 1, 2017, Scheduling Conference is VACATED 4 5. The dispositive motion deadlines and dates for the pretrial conference and 5 trial are firm. No further modifications of those dates will be requested 6 absent 7 circumstances. currently unforeseen and unforeseeable extraordinary 8 9 10 IT IS SO ORDERED. Dated: November 28, 2017 /s/ 11 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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