Singh et al v. Livingston Community Health, et al.,

Filing 49

ORDER RE: STIPULATED MOTION TO MODIFY SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 6/05/2023. IT IS HEREBY ORDERED that the parties' stipulated motion to modify the schedule (ECF No. 47 ) is GRANTED. The scheduling order is thus modified as follows: Expert Disclosure Deadline: September 15, 2023. Supplemental/Rebuttal Expert Disclosure Deadline: September 29, 2023. Non-Expert Discovery Deadline: September 1, 2023. Expert Discovery Deadline: November 3, 2023. Dispositive Motion Filing Deadline: April 10, 2024. Pretrial Conference: September 23, 2024, at 1:30 p.m., in Courtroom 4. No further changes will be granted unless the pretrial hearing is changed by the district judge. (Gonzales, V)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TARLOCHAN SINGH, et al.,

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Plaintiffs,
v.

Case No. 1:18-cv-01126-JLT-SAB
ORDER RE: STIPULATED MOTION TO
MODIFY SCHEDULING ORDER
(ECF Nos. 47, 48)

LIVINGSTON COMMUNITY HEALTH,
et al.,
Defendants.

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A scheduling order for this matter issued on March 4, 2021. (ECF No. 38.) A pretrial

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confirmation is currently set for June 24, 2024, with a trial confirmation hearing on August 20,

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2024. (ECF No. 46.) Trial is not set.

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On June 2, 2023, the parties filed a joint stipulation to amend the scheduling order, which

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the Court construes to be a stipulated motion to modify the scheduling order. (ECF No. 47.) This

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is the parties’ second request to modify the scheduling order. (See ECF No. 46.) The parties seek

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to continue all deadlines approximately 90 days. The parties proffer they have been diligent in

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exchanging written discovery and continue to meet in confer. (ECF No. 48.) In addition, the

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parties proffer Defendant is a federally qualified health care center that was impacted greatly
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during the COVID pandemic, laid off most of its employees and providers in its dental

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department, shuttered its dental operations, and only within the past 12 months has begun

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providing dental services again and having qualified individuals who could assist in the review

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and production of documents relating to Defendants’ dental operations. Delays in discovery have

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therefore resulted. In addition, defense counsel is unavailable for two weeks because he will be

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on a long-scheduled, prepaid, preplanned vacation celebrating his 40th wedding anniversary; his

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schedule was recently impacted due to cases scheduled post-pandemic, including a jury trial, “all-

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consuming discovery and preparation for three arbitration hearings” that are scheduled to be

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conducted in June through August 2023; and he is scheduled to be out of state on a pending

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federal court matter in Iowa for an extended period of time. Plaintiffs’ counsel, meanwhile, is

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currently in trial preparations for a case that is unlikely to settle and is therefore unavailable to

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schedule depositions in this matter for a period of time. The Court finds good cause exists to

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grant the parties’ stipulated motion. In light of the current impacted nature of the Court’s

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schedule in this judicial emergency, rather than set a trial date at this time, the Court shall

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continue the trial confirmation hearing previously set in this matter.

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Accordingly, pursuant to the stipulation of the parties and good cause appearing, IT IS

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HEREBY ORDERED that the parties’ stipulated motion to modify the schedule (ECF No. 47) is

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GRANTED. The scheduling order is thus modified as follows:

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1.

Expert Disclosure Deadline: September 15, 2023;

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2.

Supplemental/Rebuttal Expert Disclosure Deadline: September 29, 2023;

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3.

Non-Expert Discovery Deadline: September 1, 2023;

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4.

Expert Discovery Deadline: November 3, 2023;

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5.

Dispositive Motion Filing Deadline: April 10, 2024;

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6.

Pretrial Conference: September 23, 2024, at 1:30 p.m., in Courtroom 4; and

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No further changes will be granted unless the pretrial hearing is changed by the district judge.

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IT IS SO ORDERED.
Dated:

June 5, 2023
UNITED STATES MAGISTRATE JUDGE

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