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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1 2 3 4 5 6 7 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 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 13 SHERIE LEMIRE, No. 2:08-cv-00455 GEB-EFB 14 15 Plaintiff, STIPULATION AND PROPOSED ORDER FOR THREE-WEEK EXTENSION OF DEADLINE TO COMPLETE EXPERT DISCOVERY v. 16 17 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 18 Defendants. 19 20 21 Under Federal Rule of Civil Procedure 16(b)(4) and Local Rule 143, the parties, through 22 their counsel of record, agree to and request a three-week continuance of the deadline current to 23 complete expert discovery that is currently set for October 29, 2014. (See Order (3/3/14) at 2:1-2, 24 ECF No. 138.) Good cause exists to grant this stipulation because Plaintiff‟s counsel has an 25 ongoing family medical emergency that requires her attention, and she is unavailable for 26 deposition in the time remaining before the deadline. 27 28 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 1 Stipulation for Three-Week Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB) 1 F.2d 604, 609 (describing the factors a court should consider in ruling on such a motion). In 2 considering whether a party moving for a schedule modification has good cause, the Court 3 primarily focuses on the diligence of the party seeking the modification. Johnson, 975 F.2d at 4 609 (citing Fed. R. Civ. P. 16 advisory committee‟s notes of 1983 amendment). “The district 5 court may modify the pretrial schedule „if it cannot reasonably be met despite the diligence of the 6 party seeking the amendment.‟” Id. (quoting Fed. R. Civ. P. 16 advisory committee notes of 1983 7 amendment). 8 Plaintiff‟s counsel, Geri Green, has an ongoing medical situation involving her ill father 9 that has required her to be away from her office for the remainder of the month. Thus, she has 10 been unable to provide defense counsel with a date for the deposition of Plaintiff‟s economist. 11 Defendants do not believe the deposition will last more than two hours. The parties have agreed 12 to a three-week extension to complete expert discovery. The parties do not believe that the 13 requested extension will affect the remaining scheduling deadlines. For these reasons, the parties 14 request an extension of the of the expert-discovery deadline to November 19, 2014. 15 Dated: October 28, 2014 Respectfully submitted, 16 KAMALA D. HARRIS Attorney General of California CHRISTOPHER J. BECKER Supervising Deputy Attorney General 17 18 19 /s/ Diana Esquivel 20 DIANA ESQUIVEL Deputy Attorney General Attorneys for Defendants 21 22 23 Dated: October 28, 2014 LAW OFFICES OF GREEN & GREEN, LLP 24 /s/ Geri Lynn Green 25 GERI LYNN GREEN Attorneys for Plaintiff 26 27 SA2008302509 11560076.doc 28 2 Stipulation for Three-Week Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB) 1 2 3 ORDER Good cause appearing, the parties‟ stipulated request for a three-week extension of time to complete expert discovery is granted. 4 Expert discovery shall be completed by November 19, 2014. 5 IT IS SO ORDERED. 6 Dated: October 29, 2014 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation for Three-Week Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB)

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