Lima v. Opperud, et al

Filing 38

STIPULATION and ORDER 37 for Enlargement of Time signed by Judge Frank C. Damrell, Jr. on 5/21/2010. Discovery deadline is set for 7/30/2010; Expert Disclosure to filed by 7/15/2010; Supplemental Disclosures to be made by 7/30/2010; and Expert Discovery Deadline are due by 9/15/2010. (Marciel, M)

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-KJN Civil Rights STIPULATION AND ORDER TO ENLARGE SCHEDULING ORDER DATES

TO THE COURT: Due to the issues and unexpected developments outlined in the previous Status Report, the including Court to the untimely death of the

defendant parties'

Carl

Opperud, for

graciously a Further

granted

request

referral

Settlement However,

Conference, which has now been set for June 28th, 2010.

this date, and the new deadlines that were set at the same time, conflict substantially in that the parties will be required to complete discovery before the Settlement Conference. This

creates a extreme hardship and will likely prejudice settlement. Because of Mr. Opperud's death, the available resources for

fully resolving the case are already scare, and there is simply no extra resources which for completing prove 28. depositions unnecessary Therefore, to and if expert case this

disclosures settles as

will on

likely June

the

expected

avoid

hardship and maximize the prospects of settlement, the parties request indulgence, as follows: Discovery Deadline: Expert Disclosure Due: Supplemental Disclosures: Expert Discovery Deadline: SO STIPULATED. July 30, 2010 July 15, 2010 July 30, 2010 September 15, 2010 one last

Dated: May 21, 2010

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

Dated:

May 21, 2010

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. Dated: May 21, 2010

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