Lemire et al v. State of California et al
Filing
145
STIPULATION AND ORDER signed by Judge Garland E. Burrell, Jr on 10/29/14 ORDERING, the parties' stipulated request for a three-week extension of time to complete expert discovery is granted. Expert discovery shall be completed by November 19, 2014. (Becknal, R)
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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 445-4928
Facsimile: (916) 324-5205
E-mail: Diana.Esquivel@doj.ca.gov
Attorneys for Defendants Cahoon, Holliday,
Nuehring, and Sisto
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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SHERIE LEMIRE,
No. 2:08-cv-00455 GEB-EFB
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Plaintiff, STIPULATION AND PROPOSED
ORDER FOR THREE-WEEK
EXTENSION OF DEADLINE TO
COMPLETE EXPERT DISCOVERY
v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,
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Defendants.
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Under Federal Rule of Civil Procedure 16(b)(4) and Local Rule 143, the parties, through
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their counsel of record, agree to and request a three-week continuance of the deadline current to
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complete expert discovery that is currently set for October 29, 2014. (See Order (3/3/14) at 2:1-2,
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ECF No. 138.) Good cause exists to grant this stipulation because Plaintiff‟s counsel has an
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ongoing family medical emergency that requires her attention, and she is unavailable for
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deposition in the time remaining before the deadline.
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A scheduling order may be modified only upon a showing of good cause and by leave of
Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975
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Stipulation for Three-Week Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB)
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F.2d 604, 609 (describing the factors a court should consider in ruling on such a motion). In
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considering whether a party moving for a schedule modification has good cause, the Court
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primarily focuses on the diligence of the party seeking the modification. Johnson, 975 F.2d at
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609 (citing Fed. R. Civ. P. 16 advisory committee‟s notes of 1983 amendment). “The district
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court may modify the pretrial schedule „if it cannot reasonably be met despite the diligence of the
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party seeking the amendment.‟” Id. (quoting Fed. R. Civ. P. 16 advisory committee notes of 1983
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amendment).
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Plaintiff‟s counsel, Geri Green, has an ongoing medical situation involving her ill father
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that has required her to be away from her office for the remainder of the month. Thus, she has
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been unable to provide defense counsel with a date for the deposition of Plaintiff‟s economist.
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Defendants do not believe the deposition will last more than two hours. The parties have agreed
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to a three-week extension to complete expert discovery. The parties do not believe that the
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requested extension will affect the remaining scheduling deadlines. For these reasons, the parties
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request an extension of the of the expert-discovery deadline to November 19, 2014.
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Dated: October 28, 2014
Respectfully submitted,
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KAMALA D. HARRIS
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General
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/s/ Diana Esquivel
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DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants
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Dated: October 28, 2014
LAW OFFICES OF GREEN & GREEN, LLP
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/s/ Geri Lynn Green
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GERI LYNN GREEN
Attorneys for Plaintiff
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SA2008302509
11560076.doc
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Stipulation for Three-Week Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB)
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ORDER
Good cause appearing, the parties‟ stipulated request for a three-week extension of time to
complete expert discovery is granted.
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Expert discovery shall be completed by November 19, 2014.
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IT IS SO ORDERED.
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Dated: October 29, 2014
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Stipulation for Three-Week Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB)
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