Rodriguez, et al. v. County of Kern, et al.

Filing 42

ORDER GRANTING in Part Stipulation to Amend Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 9/15/2022. Non-Expert Discovery Cutoff: March 20, 2023; Expert Disclosure Deadline: April 17, 2023; Supplemental Expert Disclosure Dea dline: May 19, 2023; Expert Discovery Cutoff: June 26, 2023; Dispositive Motion Filing Deadline: July 17, 2023; Opposition to Dispositive Motion Due: July 31, 2023;Reply to Dispositive Motion Due: August 7, 2023;Pretrial Conference: December 18, 2023, at 1:30 p.m., Courtroom 1 (ADA) before District Judge Ana de Alba; Jury Trial (7-10 days): February 20, 2024, at 8:30 a.m., Courtroom 1 (ADA) before District Judge Ana de Alba. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROSA ELIA RODRIGUEZ, et al.,

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Plaintiffs,

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v.
COUNTY OF KERN, et al.,

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Case No. 1:21-cv-01405-ADA-BAM
ORDER GRANTING IN PART
STIPULATION TO AMEND
SCHEDULING ORDER
(Doc. 41)

Defendants.

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On September 14, 2022, the parties filed a stipulation to amend the deadlines in the

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current scheduling order to allow for sufficient time to complete discovery. (Doc. 41.) The

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parties explain that Plaintiffs filed their fourth amended complaint on September 1, 2022, which

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added a new defendant. Further, following meet and confer, Defendant Kern County Hospital

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Authority advised that it intended to proceed with a motion to dismiss the fourth amended

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complaint. (Id. at 3-4.) The parties report that they have been working diligently on this case, but

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in the course of meeting and conferring regarding defendant depositions and motions to dismiss,

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they have determined that counsel “are unavailable to the extent necessary to schedule and

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complete discovery in advance of the current discovery deadline.” (Id. at 4.) The parties also

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have determined that in light of the anticipated motion to dismiss by Defendant Kern County

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Hospital Authority, additional delays in discovery “are inevitable.” (Id.)

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Having considered the parties’ stipulation, and for good cause appearing, the parties’

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request to modify the current scheduling order is GRANTED IN PART. Fed. R. Civ. P. 16(b)(4).

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The Scheduling Order issued on February 9, 2022, is HEREBY MODIFIED as follows:

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Non-Expert Discovery Cutoff:

March 20, 2023

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Expert Disclosure Deadline:

April 17, 2023

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Supplemental Expert Disclosure Deadline:

May 19, 2023

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Expert Discovery Cutoff:

June 26, 2023

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Dispositive Motion Filing Deadline:

July 17, 2023

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Opposition to Dispositive Motion Due:

July 31, 2023

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Reply to Dispositive Motion Due:

August 7, 2023

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Pretrial Conference:

December 18, 2023, at 1:30 p.m.
Courtroom 1 (ADA) before
District Judge Ana de Alba

Jury Trial (7-10 days):

February 20, 2024, at 8:30 a.m.
Courtroom 1 (ADA) before
District Judge Ana de Alba

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The Court declines to adopt the parties’ proposed deadline for participation in

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ADR/Settlement process at this time. If desired, the parties may contact Courtroom Deputy

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Esther Valdez at [phone] to schedule a settlement conference.

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The Court also declines to adopt the parties’ proposed deadlines for filing a joint pretrial

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statement or scheduling hearings on disputed jury instructions or motions in limine. The parties

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shall file a joint pretrial statement that complies with the requirements of this Court’s Local Rule

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281. At the pretrial conference, the Court will set deadlines, among others, to file motions in

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limine, final witness lists, exhibits, jury instructions, objections and other trial documents.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 15, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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