DeFelice et al v. United States of America

Filing 17

STIPULATION and ORDER TO EXTEND NON-EXPERT DEADLINE TO ALLOW THE UNITED STATES TO TAKE DEPOSITIONS OF THE PLAINTIFFS, signed by Magistrate Judge Sheila K. Oberto on 8/22/2018. (Kusamura, W)

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McGREGOR W. SCOTT
United States Attorney
JEFFREY J. LODGE
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM DeFELICE and PATRICIA
DeFELICE,
Plaintiffs,

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v.
UNITED STATES OF AMERICA,

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Defendant.

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Case No. 1:17-cv-01464 LJO/SKO
STIPULATION TO EXTEND NONEXPERT DEADLINE TO ALLOW
THE UNITED STATES TO TAKE
DEPOSITIONS OF THE
PLAINTIFFS; ORDER

Plaintiffs William DeFelice and Patricia DeFelice (“Plaintiffs”) and Defendant United States of

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America (“United States”) (collectively “the parties”) stipulate, by and through the undersigned counsel,

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to extend the non-expert discovery cutoff for the United States to take the depositions of the Plaintiffs up

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to and including September 13, 2018.

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1.

The United States diligently noticed the depositions of both Plaintiffs pursuant to Federal

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Rules of Civil Procedure 26-37, for August 10, 2018. At the request of the Plaintiffs, the United States

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continued the depositions to August 16, 2018, and again to August 22, 2018, because of the health

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conditions of both of the Plaintiffs.

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2.

The Court issued a scheduling order on February 6, 2018. Doc. 15. This included a

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non-expert discovery deadline set for August 27, 2018. Additional time is required for Plaintiffs to

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recover from their recent health conditions and appear at depositions to provide their testimony.

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STIPULATION TO EXTEND NON-EXPERT DEADLINE TO ALLOW THE UNITED STATES
TO TAKE DEPOSITIONS OF THE PLAINTIFFS; ORDER

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3.

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The parties agree that none of the other deadlines will be changed. Both parties intend

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to comply with the other deadlines in the case, including, but not limited to existing expert disclosure

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deadlines.

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Good cause exists for the new dates agreed to below because William DeFelice is 89

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years old and has recently been hospitalized and unable to attend his deposition. Patricia DeFelice is

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his caregiver and similarly unable to attend her deposition. Accordingly, the parties stipulate and

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agree that the United States should have until September 13, 2018, to take their depositions, and base

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it on the above-stated good cause. The parties request the court to endorse this stipulation by way of

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formal order.
Respectfully submitted,

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Dated: August 21, 2018

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McGREGOR W. SCOTT
United States Attorney

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By: /s/Jeffrey J. Lodge_________________
JEFFREY J. LODGE
Assistant United States Attorney
Attorneys for Defendant United States

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Dated: August 21, 2018

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SMITH LAW OFFICES, LLP
(As authorized 08/21/18)

By: /s/Douglas C. Smith
DOUGLAS C. SMITH
Attorneys for Plaintiff

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STIPULATION TO EXTEND NON-EXPERT DEADLINE TO ALLOW THE UNITED STATES
TO TAKE DEPOSITIONS OF THE PLAINTIFFS; ORDER

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ORDER

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Having reviewed the above-stipulation submitted by the parties (Doc. 16), and for good cause

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shown, IT IS HEREBY ORDERED that the Scheduling Order (Doc. 15) be modified as follows: the

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deadline for non-expert discovery is extended up to and including September 13, 2018, to permit

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Defendant United States of America to take the depositions of Plaintiffs.
These modifications do not change any other existing scheduling deadlines, including the expert

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discovery, motion deadlines, pretrial conference, and trial dates.

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IT IS SO ORDERED.
Dated:

August 22, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO EXTEND NON-EXPERT DEADLINE TO ALLOW THE UNITED STATES
TO TAKE DEPOSITIONS OF THE PLAINTIFFS; ORDER

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