Lemire et al v. State of California et al

Filing 53

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/13/09; Designation of Expert Witnesses due by 2/8/2010. Rebuttal deadline set for 3/8/10. (Owen, K)

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G e ri Lynn Green, (State Bar No. 127709) L A W OFFICES OF GERI LYNN GREEN LC A Law Corporation 1 5 5 Montgomery Street, Suite #901 S a n Francisco, CA 94111 T e le p h o n e : [phone] F a c sim ile : [phone] E m a il: [e-mail] A tto rn e ys for Plaintiffs S H E R IE LEMIRE individually and as personal representative for the ESTATE OF ROBERT ST. JOVITE; GERARD CHARLES ST. JOVITE and NICOLE ST. JOVITE E D M U N D G. BROWN JR. A tto rn e y General of the State of California D A V ID A. CARRASCO S u p e rv is in g Deputy Attorney General D IA N A ESQUIVEL, State Bar No. 202954 D e p u ty Attorney General 1 3 0 0 I Street, Suite 125 P .O . Box 944255 S a c ra m e n to , CA 94244-2550 T e le p h o n e : [phone] F a c sim ile : [phone] E -m a il: [e-mail] A tto r n e ys for Defendants Alcaraz, Cahoon, California Department of Corrections and Rehabilitation, Carey, Chua, D u s a y, Hak, Hicks, Holliday, LaBonte, Martinez, Nuehring, Noriega, Orrick, S c h w a rz e n eg g e r, Sisto, Soliz, Tilton, Traquina, Wade, and Wong IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA S A C R A M E N T O DIVISION S H E R IE LEMIRE individually and a s personal representative for the ESTATE OF ROBERT ST. JOVITE; GERARD CHARLES ST. JOVITE and NICOLE ST. JOVITE P l a i n t if f s , vs. A R N O L D SCHWARZENEGGER, et al. Defendants. _____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) C a s e No. 2:08-CV-00455-GEB-EFB S T IP U L A T IO N AND [PROPOSED] O R D E R TO EXTEND DATE FOR E X P E R T DISCLOSURE

Lemire v. Schwarzenegger Case No. 2:08-CV-00455-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR EXP. DISC.
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P u rsu a n t to Local Rule 83-143 the parties stipulate as follows: Plaintiffs amended their complaint on January 1, 2009, pursuant to stipulation of the

4 p a rtie s. Defendants answered the second amended complaint on April 16, 2009. Since 5 6 7 in v o lv e d in numerous meet-and-confer conferences to informally address and resolve the th a t time, the parties exchanged and responded to written discovery, and have been

8 d i sc o v e r y and other pleading issues and disputes. 9 10 11 c o m p l e te the discovery necessary to exchange expert witness information. Defense D e sp ite their diligent and reasonable efforts, the parties have not been able to

1 2 c o u n se l has been in trial for most of the past four months, and Plaintiffs' counsel was out 1 3 o f the country during the month of August. As a result, the parties agree that they will not 14 b e able to complete the bulk of the fact discovery necessary for meaningful expert 15 1 6 d is c lo s u re s until mid to late January 2010. The parties further agree to stipulate to the 1 7 c o n tin u a n c e of the deadline for expert disclosures, which is presently set for November 6, 18 19 20 re q u e ste d that the Court continue the date for expert disclosures to February 8, 2010, and 2 0 0 9 , based on this Court's Order of September 8, 2008. (CR 33.) Accordingly, it is

2 1 th e date for any rebuttal expert disclosure to March 8, 2010. These extensions will not 22 23 24 25 c o m p l e te the fact discovery prior to the expert disclosures. C o n s e q u e n tly, the parties respectfully request that this court continue the date for n e c e ss itate the change of any of the other dates presently set, but will allow the parties to

2 6 e x p e rt disclosures from November 6, 2009 to February 8, 2010, and the date for exchange 27 o f any rebuttal expert witness from December 7, 2009 to March 8, 2010. 28

1 IT IS SO STIPULATED. 2 3 4 5 6 7 8 9 Dated: October 8, 2009 10 11 12 13 14 15 16 17 The date set for expert disclosures is hereby continued from November 6, 2009 to O rder By: /S/ Diana Esquivel A tto rn e ys for Defendants D a te d : October 8, 2009 Respectfully submitted, LAW OFFICES OF GERI LYNN GREEN LC By: /S/ Geri Lynn Green G e ri Lynn Green (State Bar No. 127709) A tto r n e ys for Plaintiffs OFFICE OF THE ATTORNEY GENERAL

1 8 F e b ru a ry 8, 2010, and the date set for the disclosure of rebuttal expert witnesses is 1 9 c o n tin u e d from December 7, 2009 to March 8, 2010. 20 IT IS SO ORDERED. 21 2 2 D a te d : October 13, 2009 23 24 25 26 27 28 Lemire v. Schwarzenegger Case No. 2:08-CV-00455-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR EXP. DISC.
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GARLAND E. BURRELL, JR. U n i t e d States District Judge

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 Lemire v. Schwarzenegger Case No. 2:08-CV-00455-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR EXP. DISC.
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