Hackett v. United States of America

Filing 14

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/18/09: Expert disclosures shall now be continued from November 2, 2009 until January 29, 2010. All other dates and conditions in the scheduling order are unchanged. (Kaminski, H)

1 LAWRENCE G. BROWN United States Attorney 2 KELLI L. TAYLOR Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: [phone] Facsimile: [phone] 5 Attorneys for the United States of America 6 7 8 9 ALBERT HACKETT and DALANEA 10 HACKETT, 11 12 vs. 13 UNITED STATES OF AMERICA, 14 15 16 COMES NOW Plaintiffs Albert and Dalanea Hackett and Defendant United States of America, Defendants. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) No. 2:09-cv-00240 GEB JFM STIPULATION TO MODIFY SCHEDULING ORDER AND ORDER THEREON Complaint Filed: Trial Date: January 27, 2009 November 9, 2010 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

17 by and through their counsel of record, and hereby STIPULATE to modify the scheduling order to 18 postpone the exchange of expert disclosures from November 2, 2009 until January 29, 2010. This 19 requested change is based on the fact that the parties have now completed the exchange of written 20 discovery and seek to mediate this action to determine if settlement can be reached prior to incurring the 21 expense associated with lengthy party, percipient witness, and treating physician depositions, which 22 should be taken prior to the exchange of expert disclosures in this case given Plaintiff's nearly million 23 dollar administrative claim. The parties agree that settlement is more likely to occur if the time, energy 24 and monies can be directed toward settlement efforts and not ongoing discovery and expert issues. 25 The parties have not previously requested any changes to the May 5, 2009 Scheduling Order and

26 do not currently anticipate requesting any other Scheduling Order changes. The proposed change in the 27 expert disclosure date will not impact any of the other scheduled dates. Specifically, discovery does not 28 cutoff until April 7, 2010 and thus an expert exchange on January 29, 2010 will not impact the close of

S t ip u la tio n to M o d ify Scheduling Order

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1 discovery or the scheduled pretrial motion, pretrial conference or trial dates. Thus, the only proposed 2 change to the scheduling order is the date of expert exchange and all other dates and requirements of the 3 order are unaffected. 4 IT IS SO STIPULATED. 5 DATED: September 16, 2009 6 7 8 9 DATED: September 16, 2009 10 11 By: 12 13 14 15 /s/ Kelli L. Taylor KELLI L. TAYLOR, Assistant U.S. Attorney Attorneys for the United States LAWRENCE G. BROWN United States Attorney By: /s/ Darrin W. Mercier DARRIN W. MERCIER Attorney for Plaintiffs LAW OFFICE OF DARRIN W. MERCIER

[PROPOSED] ORDER
P u rs u a n t to the parties' stipulation, and for good cause shown, the court hereby GRANTS

16 the request for a modification of the April 5, 2009 Scheduling Order and Orders that expert 17 d is c lo s u re s shall now be continued from November 2, 2009 until January 29, 2010. All other 18 d a te s and conditions in the scheduling order are unchanged. 19 IT IS SO ORDERED:

20 Dated: September 18, 2009 21 22 23 24
G :\D O C S \G E B \D G E B 2 \O R D E R S FOR SIGNATURE\Stipulation Extend Time Exchange Expert Reports.wpd

GARLAND E. BURRELL, JR. United States District Judge

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S t ip u la tio n to M o d ify Scheduling Order

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