Anderson et al vs United States of America

Filing 23

STIPULATION and ORDER signed by Judge John A. Mendez on 7/16/09 ORDERING that the date for disclosure of experts shall be continued to September 30,2009; The date for disclosure of rebuttal or supplemental experts shall becontinued to October 30, 2009; The deadline for completion of all discovery shall be continued to December 30, 2009; and All remaining pretrial dates shall remain as set by the Court in its March 29, 2009 Order. (Becknal, R)

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LAWRENCE G. BROWN Acting United States Attorney TODD A. PICKLES Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for the United States of America

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CHERIE A. ANDERSON, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

CASE NO. 2:08-CV-01444 JAM EFB STIPULATION AND ORDER TO CONTINUE DISCOVERY DATES

Plaintiffs Cherie A. Anderson, et al., and Defendants the United States of America and Longs Drugs Stores, Inc., through their respective counsel, hereby submit the following stipulation to continue discovery dates. Recitals 1. On March 20, 2009, this Court's Order set the following dates for the completion of

discovery, including expert discovery: Expert Disclosures: Rebuttal or Supplemental Expert Disclosures: Discovery Cut-off: 2. July 30, 2009 August 31, 2009 October 30, 2009

The parties have worked diligently to complete discovery, including participating in

written discovery, serving subpoenas on third parties, and taking the deposition of Plaintiff Cherie
STIPULATION & PROPOSED ORDER TO CONTINUE DISCOVERY DATES

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Anderson. 3. Plaintiffs have informed the United States that they intend to take the depositions of Drs.

Chakravarthy Maddipati, M.D., and Dr. Amul Garg, M.D. These doctors provided medical care to the decedent Michael Duane Anderson, and their care, in part, is the subject of the above-captioned action. 4. Dr. Maddipati is presently on an extended overseas visit to friends and family that was

planned many months ago. He is set to return to the United States in mid-August, 2009. 5. Based on Dr. Maddipati's anticipated return date, the United States has agreed to produce

Dr. Maddipati and Dr. Garg for deposition in Chico, California on August 24, 2009. 6. Although these depositions will occur within the time set by the Court for completion of

discovery, they will not be completed before the date for disclosure of expert witnesses. The testimony of Drs. Maddipatti and Garg is likely to be relevant to the expert opinions in this matter. 7. The parties believe it is in the interests of justice to complete the depositions of Drs.

Maddipati and Garg prior to the date for disclosure of experts. 8. The parties do not seek to change any remaining dates, including dates for dispositive

motions, pretrial conference, or trial. Stipulation Accordingly, based upon the foregoing, the parties hereby STIPULATE that: 1. 2009; 2. The date for disclosure of rebuttal or supplemental experts under Rule 26(a)(2) shall be The date for disclosure of experts under Rule 26(a)(2) shall be continued to September 30,

continued to October 30, 2009; 3. 4. The deadline for completion of all discovery shall be continued to December 30, 2009; and All remaining pretrial dates shall remain as set by the Court in its March 29, 2009 Order.

STIPULATION & PROPOSED ORDER TO CONTINUE DISCOVERY DATES

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IT IS SO STIPULATED. DATED: July 15, 2009 By: LAWRENCE G. BROWN Acting United States Attorney /s/ Todd Pickles TODD A. PICKLES Assistant United States Attorney Attorneys for Defendant the United States of America Of counsel: J. Patrick Tyrrell Attorney, Claims and Employment Law Branch General Law Division, Dept of Health and Human Svcs 330 Independence Ave SW Rm 4760 Washington DC 20201 DATED: July 15, 2009 By: WILCOXEN CALLAHAN MONTGOMERY & DEACON /s/ Walter H. Loving WALTER H. LOVING, III Attorneys for Plaintiffs DATED: July 15, 2009 DUMMIT, BUCHHOLZ & TRAPP RANDALL MCKINNON By: /s/ Lawrence R. De Fehr LAWRENCE R. DE FEHR Attorneys for Defendant Longs Drugs Stores, Inc.

STIPULATION & PROPOSED ORDER TO CONTINUE DISCOVERY DATES

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ORDER Having read and considered the parties' Stipulation to Continue Discovery Dates, and for good cause showing, IT IS HEREBY ORDERED THAT: 1. The dates for completion of discovery, including expert discovery, shall be CONTINUED

to the dates set forth above; and 2. All remaining pretrial dates set by this Court's March 20, 2009 Order shall remain

UNCHANGED. IT IS SO ORDERED.

/s/ John A. Mendez___________________________ Honorable John A. Mendez District Court Judge U.S. District Court for Eastern District of California

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