Lima v. Opperud, et al

Filing 31

THIRD STIPULATION and ORDER 30 TO CONTINUE DISCOVERY AND MOTIONS DATES, signed by Judge Frank C. Damrell, Jr., on 10/8/09: Discovery DDL 2/4/2010. Expert disclosure DUE 2/12/2010. Supplemental disclosures DUE 3/1/2010. Expert discovery DDL 4/8/201 0. Dispositive Motions Hearing 5/21/2010. Final Pretrial Conference SET for 7/16/2010 at 02:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. Jury Trial SET for 9/28/2010 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr.(Kastilahn, A)

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158 HILLTOP CFRESCENT WALNUT CREEK, CA 94597 [phone]

TIMOTHY S. THIMESCH, Esq. (No. 148213) MICHELLE L. THIMESCH, Esq. (No. 140591) 171 Front Street, Suite 102 Danville, CA 94526-3321 Direct: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff Neva Lema and Third-Party Defendant Clyde Lema McNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP GUY D. BORGES, ESQ. (No. 111230) WILLIAM L. McCASLIN, ESQ. (No. 249976) 639 Kentucky Street, First Floor Fairfield, CA 94533 Tel: [phone] Fax: [phone] Attorneys for Defendants and Third-Party Plaintiffs CARL D. and DOROTHY OPPERUD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA NEVA LEMA, Plaintiff, v. CARL D. and DOROTHY OPPERUD, and DOES 1 through 15, Inclusive, Defendants. CASE NO. 2:08-CV-00271-FCD-JFM Civil Rights THIRD STIPULATION AND ORDER TO CONTINUE DISCOVERY AND MOTION DATES

TO THE COURT: The parties continue to work toward a settled resolution of this case and to complete the necessary discovery. have completed medical the full written and of discovery, depositions three subpoenas of the of They the

relevant However,

records,

parties. eye-

depositions

primary,

non-party

witnesses to the incident remain outstanding.
Second Stipulation to Enlarge Scheduling Order Dates and Discovery Restrictions: Case No. 2:08-CV-00271-FCD-JFM

The parties have

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158 HILLTOP CRESCENT WALNUT CREEK, CA 94597 [phone]

been

unsuccessful

in

locating

these

witnesses

through

conventional means, and the Third-Party-Defendants FERNANDO and MARIE THOMAS, who, at their deposition, promised to later

provide the witness addresses by correspondence, have now been non-cooperative in responding to two separate written followups (whose delivery was tracked and confirmed). Consequently,

this information is now being sought formally from the THOMASES by written interrogatory, and, as back up, the parties are together moving to obtain the information through the

assistance of a private investigator. To ensure timely completion of discovery, the parties need and hereby request an approximate 90 day continuance of the motion and discovery dates, with an approximate 60 day

continuance of the dispositive motions deadline, from the last pretrial scheduling order, as follows: Discovery Deadline: Expert Disclosure Due: Supplemental Disclosures: Expert Discovery Deadline: Dispositive Motions Hearing: Final Pretrial Conference: //// February 4, 2010 February 12, 2010 March 1, 2010 April 8, 2010 May 21, 2010 July 16, 2010 at 2:30 PM

Second Stipulation to Enlarge Scheduling Order Dates and Discovery Restrictions: Case No. 2:08-CV-00271-FCD-JFM

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158 HILLTOP CRESCENT WALNUT CREEK, CA 94597 [phone]

Jury Trial: SO STIPULATED. Dated: October 8, 2009

September 28, 2010 at 9:00 AM

TIMOTHY S. THIMESCH By: /s/ SIGNATURE AUTHORIZED Attorneys for Plaintiff NEVA LEMA and Cross-Defendant CLYDE LEMA

Dated:

October 8, 2009

MCNAMARA, DODGE, NEY, BEATTY, SLATTERY, PFALZER, BORGES & BROTHERS LLP By: /s/ SIGNATURE AUTHORIZED GUY D. BORGES WILLIAM L. MCCASLIN Attorneys for Defendants CARL D. OPPERUD and DOROTHY J. OPPERUD

ORDER IT IS SO ORDERED.

Date: October 8, 2009

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

Second Stipulation to Enlarge Scheduling Order Dates and Discovery Restrictions: Case No. 2:08-CV-00271-FCD-JFM

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