Cuadra v. George Brown Sports Club-Palm, Inc. et al

Filing 76

STIPULATION and ORDER GRANTING a continuance of the following deadlines: Non-Expert Discovery Cutoff date is February 8, 2019; Expert Disclosure date is February 22, 2019; Rebuttal Expert Disclosure date is March 15, 2019; and Expert Discovery Cutoff date is April 19, 2019. All other dates in the Scheduling Order shall remain unchanged. Order signed by Magistrate Judge Erica P. Grosjean on 11/16/2018. (Rooney, M)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Anthony N. DeMaria, #177894
[e-mail]
3 Jessica M. Boujikian #316527
[e-mail]
4 7647 North Fresno Street
Fresno, California 93720
5 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for GEORGE BROWN SPORTS
7 CLUB PALM, LLC. and GEORGE BROWN
SPORTS CLUB, INC.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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12 MARIO CUADRA,

Case No. 1:17-cv-01063-DAD-EPG

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STIPULATION FOR THE
CONTINUANCE OF THE NON-EXPERT
DISCOVERY CUTOFF DATE

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Plaintiff,
v.

15 GEORGE BROWN SPORTS CLUB-PALM,
LLC; GEORGE BROWN SPORTS CLUB,
16 INC.; JOHNSTON CONTRACTING, INC.;
and DOES 1 to 100, inclusive,
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Defendants.
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19 AND ALL RELATED MATTERS
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Plaintiff MARIO CUADRA (“Plaintiff”), Third-Party Defendant/Third-Party CrossClaimant/Cross-Defendant, KENNETH GLEN CLARK dba CLARK INSTALLATION (“Clark
Installation”), Third-Party Defendant/Third-Party Plaintiff/Cross-Defendant WMC, INC. dba TECSPEC CONSTRUCTIONS (“Tec-Spec”), Defendant and Third-Party Plaintiff JOHNSTON
CONTRACTING, INC. (“Johnston”), Defendants GEORGE BROWN SPORTS CLUB PALM,
LLC and GEORGE BROWN SPORTS CLUB, INC. (collectively “GB3”) (hereinafter collectively
referred to as “Parties”), by and through their respective counsel, hereby stipulate and agree as

1 follows:
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1.

Pursuant to the Scheduling Conference Order of the Court, Dkt. 47 (filed on

3 3/09/2018), the Nonexpert Discovery Cutoff date is December 7, 2018.
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2.

Pursuant to the Scheduling Conference Order of the Court, Dkt. 47 (filed on

5 3/09/2018), the Expert Disclosure date is January 7, 2019.
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3.

Pursuant to the Scheduling Conference Order of the Court, Dkt. 47 (filed on

7 3/09/2018), the Rebuttal Expert Disclosure date is February 7, 2019.
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4.

Pursuant to the Scheduling Conference Order of the Court, Dkt. 47 (filed on

9 3/09/2018), the Expert Discovery Cutoff date is March 7, 2019.
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5.

All Parties are amenable to extending the Nonexpert Discovery Cutoff date to

11 February 8, 2019, to permit the parties to complete Independent Medical Examinations pursuant to
12 Rule 35 of the Federal Rules of Civil Procedure, lay witness depositions, and written discovery.
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6.

All Parties are amenable to extending the Expert Disclosure date to February 22,

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All Parties are amenable to extending the Rebuttal Expert Disclosure date to March

14 2019.
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16 15, 2019.
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8.

All Parties are amenable to extending the Expert Discovery Cutoff date to April 19,

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A continuance of the above dates will allow the Parties to participate in a meaningful

18 2019
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20 mediation and allow the best opportunity to settle the matter by avoiding undue expense.
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10.

This stipulation is not intended to extend the Dispositive Motion Filing Deadline of

22 April 22, 2019.
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Respectfully submitted,

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1 Dated: November ___, 2018

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:
Anthony N. DeMaria
Jessica Boujikian
Attorneys for GEORGE BROWN SPORTS CLUB
PALM, LLC. and GEORGE BROWN SPORTS
CLUB, INC.

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O’BBRIEN & ASSOCIATES

9 Dated: November ___, 2018
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By:
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Patrick K. O’Brien
Kathleen C. Miller
Attorneys for KENNETH GLEN CLARK dba
CLARK INSTALLATION

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1 Dated: November ___, 2018

YOKA & SMITH LLP

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By:
Sung Ho (Sean) Kim, Esq.
Alice Chen Smith
Alexander J. Sharp
Attorneys for WCM, INC. dba TEC-SPEC
CONSTRUCTIONS

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Dated: November ___, 2018

LONG & DELIS

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By:
T. Patrick Long
Warren B. Campbell
Attorneys for JOHNSTON CONTRACTING, INC.

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21 Dated: November ___, 2018

DIAS HALL

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By:
Steven S. Dias
Robin M. Hall
Attorneys for MARIO CUADRA

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1
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ORDER
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Pursuant to the above stipulation, and good cause appearing, the Scheduling Order, (ECF
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No. 47), in this action is modified as follows: the Nonexpert Discovery Cutoff date is February 8,
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2019; the Expert Disclosure date is February 22, 2019; the Rebuttal Expert Disclosure date is March
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15, 2019; and the Expert Discovery Cutoff date is April 19, 2019. All other dates in the Scheduling
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Order shall remain unchanged.
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IT IS SO ORDERED.
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Dated:

November 16, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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