Paula Gordon v. Nexstar Broadcasting, Inc., et al.

Filing 85

STIPULATION and ORDER 84 to Continue Expert Disclosure Deadline, signed by Magistrate Judge Jennifer L. Thurston on 3/29/2019. (Hall, S)

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Dylan B. Carp (State Bar No. 196846)
Angel R. Sevilla (State Bar No. 239072)
Stephanie T. Yang (State Bar No. 280006)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
NEXSTAR BROADCASTING, INC.,
Victor L. George
Wayne C. Smith
LAW OFFICES OF VICTOR L. GEORGE
20355 Hawthorne Blvd., First Floor
Torrance, CA 90503
Tel. [phone]
Fax [phone]
[e-mail]
Attorneys for Plaintiff
PAULA GORDON

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Todd B. Scherwin
Cheryl L. Schreck
Fisher & Phillips LLP
444 S Flower Street, Suite 1500
Los Angeles, Ca 90071
Tel. [phone]
Fax [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendant Erik Mendoza

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT DISCLOSURE DEADLINES
Case No. 1:18-cv-00007 (DAD) (JLT)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAULA GORDON, an individual,

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Plaintiff,
v.
NEXSTAR BROADCASTING, INC.
a business entity, form unknown;
KGET-TV 17, a business entity, form
unknown; The CW NETWORK, LLC, a
business entity, form unknown;
TELEMUNDO 17.3, a business
entity, form unknown; ERIK
MENDOZA, an individual; and DOES
1 through 100, inclusive

Case No. 1:18-cv-00007 (DAD) (JLT)
STIPULATION AND
[PROPOSED] ORDER TO
CONTINUE EXPERT
DISCLOSURE DEADLINE

State Complaint Filed: 09/22/17
Removal Filed: 10/31/17
Trial Date: 01/07/20

Defendants.

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TO THE HONORABLE COURT:
WHEREAS, the Court’s Scheduling Order sets forth the deadline for expert
disclosures by April 1, 2019. (ECF #78).

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WHEREAS, in accordance with the Court’s Scheduling Order, the Parties’

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expert disclosure should include the information under Federal Rules of Civil

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Procedure, Rules 26(a)(2), (A), (B), and (C). (ECF #58).

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WHEREAS, pursuant to Rule 35 of the Federal Rules of Civil Procedure,

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Plaintiff appeared for Defendants’ Independent Medical Examination on March 21,

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2019, before Dr. Delia Maria Silva.

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WHEREAS, Dr. Silva is in the process of preparing her report and the
Defendants have not obtained all of Plaintiff’s therapy records from Plaintiff.

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IT IS HEREBY STIPULATED AND AGREED by Plaintiff Paula Gordon,

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and Defendants, Nexstar Broadcasting, Inc. and Erik Mendoza, through their

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respective counsel, to an extension of the following discovery deadlines, subject to

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the Court’s approval:
STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT DISCLOSURE DEADLINES
Case No. 1:18-cv-00007 (DAD) (JLT)

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1. The Parties will exchange expert witness disclosures of information under

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FRCP Rules 26(a)(2)(A) and 26(a)(2)(B)(iv), (v), and (vi) by April 1, 2019.

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2. The Parties will exchange expert witness disclosures of information and

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reports under FRCP Rules 26(a)(2)(B)(i), (ii), and (iii) by April 19, 2019.

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3. Defendants are permitted to supplement, revise, or amend their expert report,

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if necessary, within two weeks after receiving Plaintiff’s remaining therapy

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records.

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IT IS SO STIPULATED.

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Dated: March 28, 2019

JACKSON LEWIS P.C.

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By:

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/s/ Angel R. Sevilla
Dylan B. Carp
Angel R. Sevilla
Stephanie T. Yang
Attorneys for Defendant
NEXSTAR BROADCASTING, INC

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Dated: March 28, 2019

LAW OFFICES OF VICTOR L. GEORGE

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By:
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Counsel for Plaintiff, Wayne C.Smith,
authorized submission of his e-signature on
this document in writing, by e-mail dated
March 28, 2019; 2:09 P..M.

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/s/Wayne C. Smith
Victor L. George
Wayne C. Smith
Attorneys for Plaintiff
PAULA GORDON

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT DISCLOSURE DEADLINES
Case No. 1:18-cv-00007 (DAD) (JLT)

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Dated: March 28, 2019

FISHER & PHILLIPS LLP

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By:

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/s/Cheryl Schreck
Cheryl Schreck
Attorneys for Defendant
ERIK MENDOZA

Counsel for Defendant, Cheryl Schreck,
authorized submission of his e-signature on
this document in writing, by e-mail dated
March 28, 2019;1:59 P.M.

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[PROPOSED] ORDER

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The Court will GRANT the current stipulation.1 However, the Court anticipates that no

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further stipulations to the amend the case schedule will be filed. The Court notes that since

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February 4, 2019, every docket entry in this case relates to amending the case schedule in some

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way. This implies that counsel are treating the case schedule cavalierly. If so, that SHALL end

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now. They SHALL abide by the remainder of the schedule and may seek amendment of it only

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upon a showing of exceptional good cause. Any future stipulation will be summarily denied if it

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fails to meet this standard.

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IT IS SO ORDERED.
Dated:

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March 29, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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In doing so, the Court does not accept that good cause for the amendment has been shown. The failure to obtain
needed records and the failure to schedule the IME sooner are situations within the defendant’s control. Indeed, the
Court ordered in its scheduling order that, “In the event an expert will offer opinions related to an independent medical
or mental health evaluation, the examination SHALL occur sufficiently in advance of the disclosure deadline so the
expert’s report fully details the expert’s opinions in this regard.” (Doc. 58)

STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT DISCLOSURE DEADLINES
Case No. 1:18-cv-00007 (DAD) (JLT)