Hackett v. United States of America

Filing 16

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 01/20/10 GRANTING the request for a modification of the Scheduling Orders dated 4/5/09 and 9/18/09. Plaintiff's expert disclosure shall now be due on 2/19/10 and Defendant's expert disclosure shall be due on 3/5/10. All other dates and conditions in the scheduling order are unchanged. (Becknal, R)

1 BENJAMIN B. WAGNER 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 COME NOW Plaintiff Albert Hackett and Defendant United States of America, by and through 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 their counsel of record, and hereby STIPULATE to modify the scheduling order to postpone the 18 exchange of expert disclosures from a mutual exchange on January 29, 2010, to a staggered exchange 19 wherein Plaintiff's disclosure is due on February 19, 2010 and Defendant's disclosure is due on March 5, 20 2010. All other dates in the scheduling order will remain unaffected. 21 This is the parties' second requested postponement of expert disclosures. The first request was

22 after the parties completed the exchange of written discovery and sought to mediate this action to 23 determine if settlement could be reached prior to incurring the expense associated with lengthy party, 24 percipient witness, and treating physician depositions, which should be taken prior to the exchange of 25 expert disclosures in this case, given Plaintiff's nearly million dollar administrative claim. The parties in 26 fact mediated this case on November 19, 2009, but were unable to reach a settlement. Settlement 27 discussions were hampered, in part, because of a significant unanswered question regarding Plaintiff's 28 health. Plaintiff has requested an opportunity to further evaluate this issue with his primary care

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1 physician and specialist before incurring further expert expenses and litigation costs and so the parties 2 can determine whether settlement can be reached. The United States is agreeable to a slight delay in the 3 expert exchange as specified herein, especially because it will not impact the other dates in the 4 scheduling order. Specifically, discovery will still cutoff on April 7, 2010, and the scheduled pretrial 5 motion deadline, pretrial conference and trial dates will remain unchanged. Thus, the only proposed 6 changes to the scheduling order are the dates of expert exchange and all other dates and requirements of 7 the order are unaffected. 8 IT IS SO STIPULATED. 9 DATED: January 7, 2010 10 11 12 13 DATED: January 7, 2010 14 15 By: 16 17 18 19 /s/ Kelli L. Taylor KELLI L. TAYLOR, Assistant U.S. Attorney Attorneys for the United States BENJAMIN B. WAGNER United States Attorney By: /s/ Darrin W. Mercier DARRIN W. MERCIER Attorney for Plaintiffs LAW OFFICE OF DARRIN W. MERCIER

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

20 th e request for a modification of the Scheduling Orders dated April 5, 2009 and September 18, 21 2 0 0 9 . Plaintiff's expert disclosure shall now be due on February 19, 2010 and Defendant's 22 e x p e rt disclosure shall be due on March 5, 2010. All other dates and conditions in the 23 s c h e d u lin g order are unchanged. 24 IT IS SO ORDERED:

25 Dated: January 20, 2010 26 27 28 GARLAND E. BURRELL, JR. United States District Judge

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