Lima v. Opperud, et al

Filing 43

ORDER signed by Judge Frank C. Damrell, Jr on 8/5/2010 approving 42 Stipulation and Proposed Order filed by Dorothy J. Opperud, Carl D. Opperud. Discovery deadline is 8/30/2010; Expert Disclosure is due 8/15/2010; Supplemental Disclosures due 8/30/2010; Expert Discovery Deadline is 10/15/2010. (Waggoner, D)

Lema v. Opperud, et al

Doc. 43

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
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-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, including the untimely death of defendant parties' Carl Opperud, for the Court to graciously a Further granted the

request

referral

Settlement Due to

Conference, which has now been set for August 6th, 2010.

the Court's unavailability, this date was continued from an
Stipulation and Order to Enlarge Scheduling Order Dates and Discovery Restrictions: Case No. 2:08-CV-00271-FCD-JFM

Dockets.Justia.com

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
158 HILLTOP CRESCENT WALNUT CREEK, CA 94597 [phone]

earlier setting of June 28th, 2010. new deadlines that were set at

However, this date, and the the same time, conflict

substantially in that the parties will be required to complete discovery before the Settlement Conference. This creates a Because fully

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

for

resolving the case are already scarce, and there is simply no extra resources for completing depositions and expert

disclosures which will be unnecessary if the case settles as expected on August 6, 2010. Therefore, to avoid this hardship

and maximize the prospects of settlement, the parties request one last indulgence, as follows: Discovery Deadline: Expert Disclosure Due: Supplemental Disclosures: Expert Discovery Deadline: August 30, 2010 August 15, 2010 August 30, 2010 October 15, 2010

SO STIPULATED. Dated: August 5, 2010 TIMOTHY S. THIMESCH By: /s/ SIGNATURE AUTHORIZED Attorneys for Plaintiff NEVA LEMA and Cross-Defendant CLYDE LEMA Dated: August 5, 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

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

2

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
158 HILLTOP CRESCENT WALNUT CREEK, CA 94597 [phone]

ORDER IT IS SO ORDERED. Date: August 5, 2010

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

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

2