Lemire et al v. State of California et al

Filing 147

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr., on 11/20/14 ORDERING that the parties' stipulated request for a two-day extension of time to complete expert discovery is GRANTED. Expert discovery shall be completed by 11/21/14. (Kastilahn, A)

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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: [phone]
Facsimile: [phone]
E-mail: [e-mail]
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 TWO-DAY 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 two-day extension of the deadline to complete

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expert discovery that is currently set for November 19, 2014, based on the parties‟ prior request

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for an extension. (See Order (10/30/14) at 3:2-5, ECF No. 145.) Good cause exists to grant this

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stipulation because the only available date Plaintiff‟s expert witness his available for deposition

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during the week of November 17 is November 21, 2014.

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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 Two-Day 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, had an ongoing medical situation involving her ill father
that required the parties to request a three-week extension of the expert discovery deadline, which

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the Court granted. (ECF Nos. 144-145.) Despite the parties‟ best efforts to complete expert

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discovery by November 19, as ordered by the Court, Plaintiff‟s economist was not available

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before that date, and the earliest date he is available is November 21. Defendants have scheduled

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his deposition for that date, secured a location and reporter, and are ready to proceed with the

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deposition. The parties do not believe that this short extension will affect the remaining

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scheduling deadlines. For these reasons, the parties request an extension of the expert-discovery

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deadline to November 21, 2014.

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IT IS SO STIPULATED.
Dated: November 19, 2014

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Respectfully submitted,
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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Dated: November 19, 2014

KAMALA D. HARRIS
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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/s/ Diana Esquivel
DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

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SA2008302509
11598124.doc

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Stipulation for Two-Day Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB)

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ORDER

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Good cause appearing, the parties‟ stipulated request for a two-day extension of time to

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complete expert discovery is granted.

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Expert discovery shall be completed by November 21, 2014.

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IT IS SO ORDERED.

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Dated: November 20, 2014

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Stipulation for Two-Day Extension of Expert Discovery Deadline (2:08-cv-00455 GEB-EFB)