Chacoan v. Rohrer et al

Filing 119

STIPULATION and ORDER 118 signed by Judge Frank C. Damrell, Jr., on 2/19/2010, ORDERING that the parties shall file their Joint Pretrial Statement by Wed, March 3, 2010. (Kastilahn, A)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California STEVEN M. GEVERCER, State Bar No. 112790 Supervising Deputy Attorney General STEPHEN C. PASS, State Bar No. 131179 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant Alvaro Traquina, M.D. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

HIPOLITO M. CHACOAN,

CIV. S-05-2276 FCD GGH PC Plaintiff, STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING JOINT PRETRIAL STATEMENT Judge: Frank C. Damrell, Jr. Trial Date: September 14, 2010 Action Filed: November 9, 2005

v. DR. ROHRER, et al.,

Defendants.

The parties stipulate to extend the deadline for filing the parties' Joint Pretrial Conference Statement until Wednesday, March 3, 2010. Pursuant to Local Rule 144(a), counsel request that the Court enter an order approving this stipulation extending time for the following reasons: 1. 2. 3. Trial of this matter has been reset to September 14, 2010. There is presently no pretrial conference scheduled. The court has previously ordered that the parties file a Joint Pretrial Statement by

February 12, 2010. The parties have circulated a draft statement, but have disagreements over wording, particularly concerning the core undisputed and disputed facts. Owing to pressing deadlines in other cases and other calendaring conflicts, the parties have been unable to resolve 1
Stipulation and Order to Extend Deadline for Filing Joint Pretrial Statement (CIV S 05-2276 FCD GGH PC)

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their differences and require additional time to reach agreement on the wording of the joint statement. 4. All counsel are working cooperatively, and the delay in finishing the joint statement

is the result of honest disagreements and crowded and conflicting work schedules including: a. Counsel for defendant Traquina, M.D. had an appellate brief due on February 4,

2010, February 15 was a state holiday (with no staff available), and he was in Fresno for depositions noticed by another party in a state court matter on February 16 and 17. He has expert discovery in the same matter on February 22, and a summary judgment motion in another state court matter which must be filed by February 26. b. Counsel for Defendant Naku, M.D. was out of the office from February 12 until

February 19, and will also be gone from February 23-26 on depositions outside of Sacramento County in another matter. c. Counsel for Plaintiff indicates that he has also had an extremely heavy

workload in other matters. 5. The parties are aware that they have previously requested extensions of time, and are

asking for what they believe is sufficient time to overcome all remaining scheduling difficulties and finalize the joint statement. Accordingly, counsel request that the deadline for filing the Joint Pretrial Statement be extended to Wednesday, March 3, 2010. SO STIPULATED. Dated: February 19, 2010 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California STEVEN M. GEVERCER Supervising Deputy Attorney General /s/Stephen C. Pass STEPHEN C. PASS Deputy Attorney General Attorneys for Defendant Alvaro Traquina, M.D.

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Stipulation and Order to Extend Deadline for Filing Joint Pretrial Statement (CIV S 05-2276 FCD GGH PC)

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Dated: February 19, 2010

K&L Gates LLP By: /s/Edward P. Sangster Edward P. Sangster [e-mail] Rachel R. Davidson [e-mail] Attorneys for Plaintiff

Dated: February 19, 2010

Williams & Associates By: /s/ Martha Stringer Kathleen J. Williams [e-mail] Martha Stringer [e-mail] Attorneys for Defendant Binoye Naku, M.D.

IT IS SO ORDERED. The parties shall file their Joint Pretrial Statement by Wednesday, March 3, 2010.

Dated: February 19, 2010

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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Stipulation and Order to Extend Deadline for Filing Joint Pretrial Statement (CIV S 05-2276 FCD GGH PC)