Grant v. Swartzinager et al

Filing 36

STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 06/08/10 ordering the modifications to the scheduling order. Discovery deadline set for 10/01/10. Expert designations and reports 10/29/10. Rebuttal designations and reports 11/24/10. Expert discovery cut-off 12/20/10. Dispostive motion deadline set for 02/18/11.(Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

EDMUND G. BROWN JR. Attorney General of California PAUL REYNAGA, State Bar No. 72361 Supervising Deputy Attorney General ELIZABETH A. LINTON, State Bar No. 231619 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 CA Dept. of Mental Health

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

GREGORY D. GRANT,

07-CV-2700-JAM-JFM Plaintiff, STIPULATION AND ORDER AMENDING THE COURT'S SCHEDULING ORDER

v. SCHWARZENEGGER, ET AL.,

Defendant.

Action Filed: Dec. 14, 2007

The parties to this action hereby stipulate through their attorneys to extend the dates to the Court's scheduling order, as outlined below. The parties respectfully request that the Court order the amendments to the scheduling order set forth herein. The modification to the scheduling order is necessary because this action was filed in pro per, and the Court recently ordered counsel appointed on May 19, 2010. The current discovery deadline in the case is July 2, 2010. The attorneys have conferred regarding discovery they need to conduct. Given Plaintiff counsel's recent appointment to the case, the parties do not believe that they can complete discovery before July 2, 2010. Accordingly, the parties request a three month extension of the current discovery deadline to October 1, 2010. Since both parties are now 1
Stipulation & Order Amending the Court's Scheduling Order (07-CV-2700-JAM-JFM)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

represented by counsel, the parties propose that all future discovery comply with time limits set forth in the Federal Rules of Civil Procedure, rather than the time-frames set forth in the Court's original scheduling order, dated April 6, 2010 (DKT # 29). In addition, the parties both believe that expert discovery will be necessary in this case. The parties have discussed an expert discovery schedule, and believe that they can complete expert discovery, including disclosures and reports required by Federal Rule of Civil Procedure 26(a)(2), within the dates set forth in the chart below. Accordingly, the parties respectfully request that the Court order the following modifications to its scheduling order:

Event Factual Discovery & Factual Discovery Motions Cut-Off Expert Designations & Reports Rebuttal Designations & Reports Expert Discovery Cut-Off Pre-Trial Motion Cut-Off

Current Deadline July 2, 2010 None None None September 24, 2010

Proposed Deadline October 1, 2010 October 29, 2010 November 24, 2010 December 20, 2010 February 18, 2011

Consistent with the Court's original scheduling order, pretrial conference and trial dates will be set, as appropriate, following adjudication of any dispositive motions or upon the expiration of time for filing such motions. IT IS SO STIPULATED /// /// /// /// /// /// 2
Stipulation & Order Amending the Court's Scheduling Order (07-CV-2700-JAM-JFM)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: June 7, 2010

EDMUND G. BROWN JR. Attorney General of California PAUL REYNAGA Supervising Deputy Attorney General

___/s/ Elizabeth Linton_____________ ELIZABETH A. LINTON Deputy Attorney General Attorneys for CA Dept. of Mental Health Dated: June 7, 2010 /s/ Joe Ramsey, Esq. (as authorized on 6/7/2010)____________ JOE RAMSEY, ESQ. Attorney for Grant Gregory

IT IS SO ORDERED Dated: June 8, 2010. /s/ John F. Moulds John F. Moulds U.S. Magistrate Judge

/gran2700.stip

3
Stipulation & Order Amending the Court's Scheduling Order (07-CV-2700-JAM-JFM)