(PC) Frank E. Peters v. Norris Hollie et al

Filing 106

ORDER APPROVING 105 Fifth Joint Stipulation to Amend Scheduling Order; ORDER VACATING Telephonic Trial Confirmation Hearing, Trial, and Related Deadlines, signed by Magistrate Judge Erica P. Grosjean on 3/31/2021. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK E. PETERS,
Plaintiff,

Case No. 1:18-cv-01230-NONE-EPG (PC)

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v.

ORDER APPROVING FIFTH JOINT
STIPULATION TO AMEND SCHEDULING
ORDER

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NORRIS HOLLIE, M.D., et al.,

(ECF No. 105)

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Defendants.

ORDER VACATING TELEPHONIC TRIAL
CONFIRMATION HEARING, TRIAL, AND
RELATED DEADLINES

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The parties previously filed four stipulations to amend the scheduling order (ECF Nos. 93,

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95, 98, & 100), all of which the Court granted (ECF Nos. 94, 97, 99, & 101). On March 30, 2021,

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the parties filed a fifth stipulation to amend the scheduling order. (ECF No. 105).

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This case was filed in March of 2017 (ECF No. 1). Non-expert discovery has been open

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since November 19, 2019 (ECF No. 90), and was originally scheduled to close on May 29, 2020

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(id.). Overall, the parties have asked to extend the non-expert discovery cutoff for over a year.

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The parties have had ample time to conduct discovery, and the Court is reluctant to

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provide any further extensions. Nevertheless, in the abundance of caution, and given the

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stipulation, the Court will grant one final extension of the discovery deadlines. Accordingly,

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pursuant to the stipulation of the parties (ECF No. 105), the Court will modify the Scheduling

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Order (ECF No. 90, as amended by ECF Nos. 94, 97, 99, & 101).

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Additionally, given that the Court is extending the dispositive motion deadline, and given

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the ongoing judicial emergency in the Eastern District of California, the telephonic trial

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confirmation hearing, the trial, and all related deadlines are VACATED. If necessary, the Court

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will reset these deadlines after Defendants’ motion for summary judgment has been resolved.

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The remaining dates and deadlines in this case are as follows:

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Event
Non-expert Discovery

Deadline/Date
May 31, 2021

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Expert Disclosure

June 30, 2021

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Rebuttal Expert Disclosure

July 30, 2021

Deadline:
Expert Discovery

August 31, 2021

Dispositive Motions

September 30, 2021

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All other terms and conditions of the Scheduling Order remain in full force and effect.

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Again, the parties should consider this the final extension of these dates. No further

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extensions will be granted, absent extraordinary circumstances.
IT IS SO ORDERED.

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Dated:

March 31, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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