Moran et al v. Altec Industries

Filing 20

ORDER on 19 Stipulation Amending Scheduling Order As Modified, signed by Magistrate Judge Christopher D. Baker on 7/8/2024. Discovery Deadlines: Fact 9/23/2024; Expert 3/20/2025. Non-Dispositive Motions filed by 2/3/2025. Dispositive Mo tions filed by 3/7/2025. Pretrial Conference CONTINUED to 8/25/2025 at 01:30 PM in Courtroom 6 (KES) before District Judge Kirk E. Sherriff. Jury Trial CONTINUED to 10/21/2025 at 09:00 AM in Courtroom 6 (KES) before District Judge Kirk E. Sherriff. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR MORAN, et al., 12 13 14 15 Plaintiffs, v. Case No. 1:23-cv-01236-KES-CDB ORDER ON STIPULATION AMENDING SCHEDULING ORDER AS MODIFIED (Doc. 19) ALTEC INDUSTRIES, Defendant. 16 17 On or about July 11, 2023, Plaintiffs Omar and Sandy Moran (“Plaintiffs”) filed a 18 complaint in the Superior Court of the State of California, County of Kern, against Defendant 19 Altec Industries (“Defendant”). (Doc. 1). Defendant removed the action to this Court on August 20 18, 2023. On November 14, 2023, the Court issued a scheduling order setting all case 21 management dates governing the litigation of this case. (Doc. 7). 22 On April 15, 2024, the parties filed a joint mid-discovery status conference report (Doc. 23 10) in which the parties proposed extending fact and expert discovery-related dates by 45 days in 24 light of the need to conduct several depositions. Id. at 2-3. On April 19, 2024, the Court granted 25 the parties’ request. (Doc. 11). 26 On June 27, 2024, the parties filed a stipulated request for amendment to the scheduling 27 order. (Doc. 16). The Court denied the parties’ request without prejudice, finding that the 28 request was not supported by affidavit and/or declarations as required by the case’s scheduling 1 order, otherwise was not supported sufficiently by a showing of good cause, and proposed 2 discovery extensions without in-kind extensions for pretrial and trial dates. (Doc. 17). The Court 3 ordered the parties to file within seven days any renewed stipulated request to amend the 4 scheduling order and to include in any stipulated request detailed information concerning the 5 status of discovery. Id. at 3. Pending before the Court is the parties’ renewed stipulation for order amending the 6 7 scheduling order. (Doc. 19). The parties support their renewed, stipulated request with attorney 8 declarations. (Docs. 19-1; 19-2). In those declarations, counsel attest to discovery that has been 9 completed and both fact and expert discovery anticipated to be taken in the coming months, 10 including possible deposition of more than a dozen treating medical providers and other expert 11 discovery. (Doc. 19-1 ¶ 24). In light of the parties’ renewed stipulation and supporting declarations, the Court finds 12 13 good cause to grant the requested amendment to the scheduling order. However, the Court notes 14 counsel for Plaintiff’s attestation that the parties will participate in private mediation prior to trial 15 (id. ¶ 27) and admonishes the parties to diligently conduct and complete discovery prior to the 16 extended deadlines ordered herein notwithstanding any parallel settlement efforts. 17 Accordingly, IT IS HEREBY ORDERED that scheduling order is modified as follows: 18 19 Event Current Date New Date 20 Fact Discovery July 11, 2024 September 23, 2024 21 Expert Disclosures July 25, 2024 November 11, 2024 22 Rebuttal Disclosures August 15, 2024 February 3, 2025 23 Expert Discovery September 15, 2024 March 20, 2025 24 Non-Dispositive Motion August 15, 2024 February 3, 2025 25 Filing Deadline 26 Non-Dispositive Motion September 23, 2024 March 3, 2025, at 10:30 a.m., 27 Hearing Date in Bakersfield Federal 28 Courthouse 2 1 2 3 4 Dispositive Motion Filing October 7, 2024 March 7, 2025 Deadline Opposition to Dispositive March 28, 2025 Motion Filing Deadline 5 Reply to Opposition to April 11, 2025 6 Dispositive Motion Deadline 7 Dispositive Motion Hearing November 18, 2024 April 28, 2025, at 1:30 p.m., 8 Date in Robert E. Coyle Federal 9 Courthouse, Fresno, 10 Courtroom 6, 7th Floor 11 Pre-Trial Conference April 28, 2025 August 25, 2025, at 1:30 p.m., 12 in Fresno Federal Courthouse 13 Trial June 24, 2025 October 21, 2025, at 9:00 14 a.m., in Fresno Federal 15 Courthouse 16 17 IT IS SO ORDERED. 18 Dated: 19 July 8, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 3

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