Downing v. Wanchek et al

Filing 69

STIPULATION and ORDER signed by Judge John A. Mendez on 11/20/09 ORDERING the Status Order of 5/13/09 AMENDED as follows: all discovery and resolution of any disputes relative to discovery, shall be completed by 3/1/10; parties shall make expert witness disclosures by 1/11/10; rebuttal experts by 1/25/10.(Carlos, K)

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LEWIS BRISBOIS BISGAARD & SMITH LLP BRIGITTE M. MAYO, SB# 173584 2850 Gateway Oaks Way, Suite 450 Sacramento, California 95833 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, CORNING TRUCK WASH and ROBERT WANCHEK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Larry Downing,

) ) Plaintiff, ) ) v. ) ) Corning Truck Wash, Robert Wanchek, ) ) Defendants. ) ) ) ) ) ) ) )

CASE NO. 2:07-CV-01599-JAM-EFB STIPULATION AND ORDER RE: EXTENSION OF DISCOVERY DEADLINES AND EXPERT DISCLOSURE DATES SET FORTH IN STATUS (PRE-TRIAL SCHEDULING) ORDER DATED MAY 13, 2009 Action Filed: August 4, 2007 Trial Date: June 14, 2010

IT IS HEREBY STIPULATED by and among Defendants, CORNING TRUCK WASH and ROBERT WANCHEK (hereinafter collectively "Defendants"), and Plaintiff, LARRY DOWNING (hereinafter "Plaintiff"), as follows: (1) Plaintiff and Defendants have been diligently pursuing discovery in the above-entitled action. (2) Plaintiff and Defendants, through counsel, have met and conferred on the status of on-going discovery issues, discovery deadlines and expert disclosure dates set forth in the Court's Status (Pre-Trial Scheduling) Order filed May 13, 2009.

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF DISCOVERY DEADLINES AND EXPERT D I S C L O S U R E DATES

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(3) Plaintiff and Defendants agree that additional time is necessary to complete discovery in the above-entitled action due to the number of witnesses remaining to be deposed by the parties, the location of several out-of-state witnesses, as well as the difficulty of scheduling a physical examination of Plaintiff due to Plaintiff's travels and lack of permanent address. (4) Pursuant to Federal Rule of Civil Procedure 16(b)(4), good cause exists for, and the parties stipulate to, a modification and extension of the current discovery deadline and expert disclosure dates set forth in the May 13, 2009 Status (Pre-Trial Scheduling) Order as follows: (i) The date for completion of all discovery, and resolution of any disputes relative to discovery by appropriate court order, shall be extended from the current date of February 3, 2010 to March 1, 2010. (ii) The date for expert disclosures under Federal Rule of Civil Procedure 26(a)(2) shall be extended from the current date of November 27, 2009 to January 11, 2010. (iii) The date for supplemental expert disclosures and disclosures of any rebuttal experts under Federal Rule of Civil Procedure 26(a)(2)(c) shall be extended from the current date of December 11, 2009 to January 25, 2010. (5) The rescheduling of the above discovery and expert disclosure dates shall in no way interfere with the other aspects of the litigation and shall not impact any other dates set forth in the May 13, 2009 Status (Pre-Trial Scheduling) Order.

DATED: November___, 2009

LEWIS BRISBOIS BISGAARD & SMITH LLP

By

Brigitte M. Mayo Attorney for Defendants CORNING TRUCK WASH and ROBERT WANCHEK

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF DISCOVERY DEADLINES AND EXPERT D I S C L O S U R E DATES

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DATED: November___, 2009

LAW OFFICES OF NATHANIEL POTRATZ

By

Nathaniel Potratz Attorney for Plaintiff LARRY DOWNING

ORDER Pursuant to the parties' Stipulation, and for GOOD CAUSE SHOWN, the Court GRANTS the parties' request and AMENDS the May 13, 2009 Status (PreTrial Scheduling) Order as follows: (i) All discovery, and resolution of any disputes relative to discovery, shall be completed by March 1, 2010. (ii) The parties shall make expert witness disclosures under Federal Rule of Civil Procedure 26(a)(2) by January 11, 2010. (iii) The parties shall make supplemental expert witness disclosures and disclosures of any rebuttal experts under Federal Rule of Civil Procedure 26(a)(2)(c) by January 25, 2010. All other dates and conditions set forth in the May 13, 2009 Status (PreTrial Scheduling) Order are maintained. IT IS SO ORDERED.

Date: November 20, 2009

/s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF DISCOVERY DEADLINES AND EXPERT D I S C L O S U R E DATES