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, Rebuttal 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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERVAIZ A. CHAUDHRY, M.D., and
VALLEY CARDIAC SURGERY
MEDICAL GROUP,

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ORDER GRANTING MOTION TO MODIFY
SCHEDULING ORDER (ECF NO. 21)

Plaintiffs,

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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.

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Upon due consideration of: the Court’s previous Scheduling Order (ECF No. 17);

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Plaintiff’s Motion to Modify the Scheduling Order and related papers (ECF No. 21);

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Defendants’ non-opposition, and then Stipulation, to said motion (ECF Nos. 22 & 23);

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Plaintiff’s Supplemental sealed filings (ECF Nos. 25, 28 & 29) in response to the Court’s

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request (ECF Nos. 24 & 26) for assurances that modification of the Scheduling Order

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would enable and ensure strict adherence to extended dates and deadlines; and, the

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parties’ First Amended Scheduling Report (ECF No. 27), and GOOD CAUSE

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APPEARING, IT IS HEREBY ORDERED that:

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1.

The Court’s Initial Scheduling Order (ECF No. 17) is MODIFIED, but only

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insofar as as-yet-unexpired deadlines and still-pending dates specified

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therein are vacated;

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2.

The following dates and deadlines shall control further proceedings in this

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case:

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Discovery Deadlines:

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Non-Expert: April 9, 2018

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Expert:

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August 7, 2018

Expert Disclosure Deadlines:

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Initial:

May 9, 2018,

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Supp.:

May 23, 2018

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Motion Deadlines:
Non-Dispositive:

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Filing:

August 7, 2018

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Hearing:

TBD

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Dispositive:

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Filing: November 8, 2018

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Hearing: December 18, 2018

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Pretrial Conference: February 12, 2019

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Jury Trial: April 9, 2019

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3.

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All other provisions of the Initial Scheduling Order remain in full force and
effect.

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The December 1, 2017, Scheduling Conference is VACATED

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The dispositive motion deadlines and dates for the pretrial conference and

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trial are firm. No further modifications of those dates will be requested

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absent

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circumstances.

currently

unforeseen

and

unforeseeable

extraordinary

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IT IS SO ORDERED.
Dated:

November 28, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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