Alacraz et al v. Marten Transport LTD et al

Filing 31

STIPULATION and ORDER TO MODIFY SCHEDULING ORDER. Order signed by Magistrate Judge Sheila K. Oberto on 5/9/2024; Deadline to Provide Proposed Settlement Conference Dates: 2/12/2025. Non Expert Discovery due by 8/16/2024. Non-Dispositive Motions fil ed by 12/6/2024. Dispositive Motions filed by 12/13/2024. Pretrial Conference set for 3/17/2025 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. Jury Trial set for 5/13/2025 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Kusamura, W)

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Seta Sarabekian, Esq., SBN 299578
CLARK HILL LLP
555 South Flower Street, 24th Floor Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail] [e-mail]
Attorneys for Defendants MARTEN TRANSPORT LTD
and JERRY WAYNE DUDLEY JR.
OLIVIER A. TAILLIEU (SBN 206546)
[e-mail]
JENNIFER BAGOSY (SBN 223145)
[e-mail]
BD&J, PC
9701 Wilshire Blvd., 12th Floor
Beverly Hills, CA 90212
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE ZEPEDA ALCARAZ, an individual;
MARIBEL ALCALA DE PEREZ, an
individual,

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Assigned to: Hon. Jennifer L. Thurston
v.
Magistrate Judge: Hon. Sheila K. Oberto

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Defendant.

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STIPULATION AND ORDER TO MODIFY
SCHEDULING ORDER

Plaintiff,

MARTEN TRANSPORT LTD, a
corporation; JERRY WAYNE DUDLEY
JR, an individual; and DOES 1 to 25
inclusive,

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Case No. 1:23-CV-00615-JLT-SKO

Complaint Filed: March 9, 2023
Trial: March 4, 2025

Pursuant to Rules 6(b) and 29(b) of the Federal Rules of Civil Procedure and Pursuant to

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Local Rule 143 Plaintiffs JOSE ZEPEDA ALCARAZ and MARIBEL ALCALA DE PEREZ

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(“Plaintiffs”) and Defendants MARTEN TRANSPORT LTD and JERRY WAYNE DUDLEY JR

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(“Defendants”) (collectively the “Parties”) hereby respectfully stipulate and request the Court

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amend the Scheduling Order (ECF No. 29) for good cause, and in support thereof would

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respectfully show the Court as follows:

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On August 17, 2023, a Scheduling Conference was held; the Court set the following
deadlines pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 240:

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Non Expert Discovery: June 14, 2024

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Expert Disclosures: August 1, 2024

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Rebuttal Expert Disclosures: August 29, 2024

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Expert Discovery: September 27, 2024

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The Parties now seek to amend the aforementioned deadlines as follows:

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Non Expert Discovery: August 16, 2024

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Expert Disclosures: September 26, 2024

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Rebuttal Expert Disclosures: October 24, 2024

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Expert Discovery: November 22, 2024

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Good cause exists to grant this joint stipulation and the Parties request this reset and

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amendment to the Scheduling Order for the following reasons:

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The parties have been diligently conducting written discovery and plan to take the

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necessary fact depositions promptly. However, the scope and extent of Plaintiffs’ alleged injuries

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and the resulting damages necessities extensive discovery. Specifically, Plaintiff Jose Zepeda

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Alcaraz claims injuries to more than 10 body parts as a result of the crash in which his vehicle

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went over an embankment, and he has received treatment for accident-related injuries with more

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than 20 providers. Plaintiff Maribel Alcala de Perez also claims several discrete injuries and has

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treated with nearly 20 providers. Both Plaintiffs claim the accident caused them to suffer

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traumatic brain injuries. Plaintiffs are also investigating and pursuing the testimony of fact

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witnesses to the incident, and cannot guarantee all will be subpoenaed and deposed within the

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time prescribed.

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Although the parties are making a concerted effort to complete all pending discovery, the

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Parties anticipate that they will not be able to comply with the current fact and expert discovery

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deadlines.

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Moreover, the Parties have agreed to attend private mediation with Hon. Richard Stone,

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Ret., however, the Parties must first complete the pending discovery before they can engage in
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meaningful settlement discussions.
The brief continuance may aid the facilitation of settlement, it will not cause any prejudice
to the Parties or any third-party, and it is not requested for any improper purpose.

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Dated: 5/8/2024

CLARK HILL LLP
By: /s/ Bradford G. Hughes
Bradford G. Hughes
Seta Sarabekian
Attorneys for Defendants MARTEN TRANSPORTS
LTD and JERRY WAYNE DUDLEY JR.

Dated: 5/8/2024

BD&J, PC
By: /s/ Jennifer Bagosy
Olivier Taillieu
Jennifer Bagosy
Attorneys for Plaintiffs JOSE ZEPEDA ALCARAZ
and MARIBEL ALCALA DE PEREZ

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ORDER
Pursuant to the parties’ foregoing stipulation (Doc. 30), and for good cause shown (see

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Fed. R. Civ. P. 16(b)(4)), the Scheduling Order (Doc. 25) is MODIFIED as follows:

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Previous Deadline

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New Deadline

Non-Expert Discovery

June 14, 2024

August 16, 2024

Expert Disclosures

August 1, 2024

September 26, 2024

Rebuttal Expert
Disclosures

August 29, 2024

October 24, 2024

Expert Discovery

September 27, 2024

November 22, 2024

Non-Dispositive
Motion
Deadline

Filing: October 4, 2024
Hearing: November 6, 2024

Filing: December 6, 2024
Hearing: January 15, 2025

Dispositive Motion
Deadline

Filing: October 11, 2024
Hearing: November 15, 2024

Filing: December 13, 2024
Hearing: January 17, 2025

December 4, 2024

February 12, 2025

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Deadline to Provide
Proposed Settlement
Conference Dates

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Pre-Trial Conference

January 6, 2025

March 17, 2025

Trial

March 4, 2025

May 13, 2025

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IT IS SO ORDERED.

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Dated:

/s/ Sheila K. Oberto

May 9, 2024

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UNITED STATES MAGISTRATE JUDGE

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