Huerta v. County of Tulare, et al

Filing 133

Order re: stipulation and joint request of the parties for modification of the case management schedule deadlines, signed by Magistrate Judge Erica P. Grosjean on 1/13/2023. (Rebuttal-Supplemental Expert Disclosures Due by 3/24/2023; Expert Discovery due by 5/23/2023; Dispositive Motions filed by 6/2/2023) (Rosales, O.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMIRO HUERTA,

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Plaintiff,
v.

Case No. 1:17-cv-01446-EPG
ORDER RE: STIPULATION AND JOINT
REQUEST OF THE PARTIES FOR
MODIFICATION OF THE CASE
MANAGEMENT SCHEDULE DEADLINES

COUNTY OF TULARE, et al.,
(ECF No. 131).
Defendants.

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On January 11, 2023, the parties filed a joint stipulation to modify the operative
scheduling order. (ECF No. 131). As grounds, the stipulation states as follows:
4. The Parties continue to diligently work together to complete discovery in this
matter. Non-expert fact discovery has been timely completed and the parties have
been using their best effort to complete expert discovery in a timely manner,
including expert depositions and Rule 35 examinations of plaintiff. . .due to the
holidays, calendar conflicts for counsel of all parties, and the experts’ respective
conflicts, the parties have been unable to schedule and complete all of the expert
depositions in this matter and do not foresee being able to do so by the current
expert discovery cut off deadline.
5. Based on plaintiffs’ and defendants’ initial expert disclosures, there are at least
10 experts that need to be deposed in this matter, with more anticipated being
added following rebuttal expert disclosures. 6. Plaintiff’s counsel have two trials in
January of 2023, which take up most, if not all, available dates this month.
Defense counsel are in back to back trials from February until April of 2023,
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which makes further availability limited with the current deadlines. As such, the
parties do not believe all expert depositions will be able to be noticed and taken in
the remaining time before the current expert discovery deadline of February 21,
2023 [Dkt. 127]. 7. As a trial date has not yet been set in this matter, the parties
believe an additional continuance of the expert discovery and dispositive motion
deadlines would not cause significant issue or unnecessary delay or hardship.

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(ECF No. 131, p. 2-3). For those reasons, the parties seek extensions for the remaining case

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deadlines (rebuttal-supplemental exert disclosures, expert discovery cut-off, and dispositive

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motions). (Id. at 4).
The Court will grant the parties’ request. However, the Court notes that this is the parties’

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fourth stipulation to extend case deadlines. (See e.g., ECF Nos. 106, 118, 126). The Court also
approved the parties’ stipulation seeking a limited modification of the schedule regarding
Plaintiff’s Rule 35 examination. (ECF Nos. 128, 129). Accordingly, no further extensions to the
remaining case deadlines will be granted absent extraordinary circumstances.

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Pursuant to the parties’ stipulation (ECF No. 131), IT IS ORDERED that:

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1. The Court’s scheduling order (ECF No. 14, as modified by ECF Nos. 85, 108, 119,

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127) is further modified as follows:
Case Management Event:

Prior-Operative DateDeadline:
Rebuttal-Supplemental Expert January 13, 2023
Disclosures Due:
Expert Discovery Cut-Off
February 21, 2023

NEW Date-Deadline:

MSJ/Dispositive Motion
Filing Deadline (MCOF):

June 2, 2023

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March 10, 2023

May 23, 2023

2. No pretrial conference or trial date has been set. All unmodified terms and conditions

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of the Court’s scheduling order (ECF No. 14, as modified by ECF Nos. 85, 108, 119)

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remain in full force and effect.

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March 24, 2023

//

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//

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//

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3. Further, the Court continues the telephonic status conference currently noticed for

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January 30, 2023, to May 3, 2023, at 10:00 A.M. The parties are reminded to file a

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joint status report at least one week before the status conference, advising the Court

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about the progress of expert discovery and any other issues the parties deem pertinent.

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To participate, each party is to use the following dial-in number and passcode: Dial-in
number 1-888-251-2909; Passcode 1024453.

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IT IS SO ORDERED.

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Dated:

January 13, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

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