Doe v. University of the Pacific

Filing 34

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 11/24/09 ORDERING that Plaintiff shall disclose her psychiatric expert witness(es) and file his or her written report(s) on 7/5/10; Defendant shall respond with its rebuttal psychiatric expert witness(es) and report(s) on 8/5/10; and Any other expert witnesses proffered by the parties shall be disclosed pursuant to the schedule laid out by the Court in the Order. (Becknal, R)

1 Janine S. Simerly (SBN 102361) [e-mail] 2 Jennifer Cotner (SBN (SBN 255785) [e-mail] 3 MILLER LAW GROUP A Professional Corporation 4 111 Sutter Street, Suite 700 San Francisco, CA 94104 5 Tel.: [phone] Fax: [phone] Attorneys for Defendant 7 UNIVERSITY OF THE PACIFIC 8 Ivo Labar (SBN 203492) [e-mail] 9 KERR & WAGSTAFFE LLP 100 Spear Street, Suite 1800 10 San Francisco, CA 94105-1528 Tel.: [phone] Fax: [phone] John Christopher Clune, Pro Hac Vice [e-mail] 13 VICTIM JUSTICE INITIATIVE, PC 2363 Blake Street, Suite 203 14 Denver, CO 80205 Tel.: [phone] Fax: [phone] Attorneys for Plaintiff JANE DOE 17 18 19 20 21 JANE DOE, 22 23 24 v. Plaintiff, Case No.: 2:09-CV-00764-FCD-KJM STIPULATION REGARDING TIMING OF DISCLOSURE OF PSYCHIATRIC EXPERTS; ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

MILLER LAW GROUP

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Complaint filed: March 18, 2009

Defendant.

STIPULATION RE: DISCLOSURE OF PSYCHIATRIC EXPERTS Case No.: 2:09-CV-00764-FCD-KJM

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WHEREAS, the Court entered a Pretrial Scheduling Order (the "Order") on

2 June 8, 2009, setting a deadline of February 12, 2010 to designate the identity of each 3 expert that the parties propose to tender at trial and disclose his/her written report; 4 WHEREAS, Defendant University of the Pacific contemplates filing a Motion

5 for Summary Judgment for hearing on or before June 4, 2010, pursuant to the Order; 6 WHEREAS, any of the parties' expert witnesses relating to Plaintiff's mental

7 condition (i.e., psychiatric experts) would proffer testimony related to Plaintiff's alleged 8 emotional distress damages only and are, therefore, unrelated to Defendant's anticipated 9 Motion for Summary Judgment on liability; 10 WHEREAS, the parties would undergo unnecessary costs and expenses by

11 identifying psychiatric experts before the summary judgment deadline; 12 WHEREAS, good cause exists to extend the time for the parties to identify and

13 provide psychiatric expert witness reports until after the hearing on summary judgment;
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

MILLER LAW GROUP

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STIPULATION RE: DISCLOSURE OF PSYCHIATRIC EXPERTS Case No.: 2:09-CV-00764-FCD-KJM

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

2 between the Parties, through their respective undersigned attorneys of record, that Plaintiff 3 shall disclose any psychiatric expert witness(es) and his or her report(s) 30 days after the 4 summary judgment hearing, on July 5, 2010, and Defendant shall respond with its rebuttal 5 psychiatric expert witness(es) and report(s) 30 days after that, on August 5, 2010. Any 6 other expert witnesses proffered by the parties shall be disclosed pursuant to the schedule 7 laid out by the Court in the Order. 8 9 10 11 Dated: November___, 2009 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

IT IS SO STIPULATED.

MILLER LAW GROUP A Professional Corporation

MILLER LAW GROUP

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By: /s/ JANINE S. SIMERLY Attorneys for DEFENDANT UNIVERSITY OF THE PACIFIC Dated: November___, 2009 KERR & WAGSTAFFE LLP

By: /s/ IVO LABAR Attorneys for PLAINTIFF JANE DOE

STIPULATION RE: DISCLOSURE OF PSYCHIATRIC EXPERTS Case No.: 2:09-CV-00764-FCD-KJM

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ORDER Having reviewed the Stipulation executed by Plaintiff JANE DOE and

3 Defendant UNIVERSITY OF THE PACIFIC, and good cause appearing, the Court hereby 4 orders the following: 5 1. Plaintiff shall disclose her psychiatric expert witness(es) and file his or

6 her written report(s) on July 5, 2010; and 7 2. Defendant shall respond with its rebuttal psychiatric expert witness(es)

8 and report(s) on August 5, 2010; and 9 3. Any other expert witnesses proffered by the parties shall be disclosed

10 pursuant to the schedule laid out by the Court in the Order. 11 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

IT IS SO ORDERED.

MILLER LAW GROUP

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STIPULATION RE: DISCLOSURE OF PSYCHIATRIC EXPERTS Case No.: 2:09-CV-00764-FCD-KJM

Dated: November 24, 2009

________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE