Brockley, et al v. Wendy's International

Filing 11

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 07/15/10 ORDERING that the date for expert disclosures is CONTINUED to 12/10/10 and the the date for rebuttal expert disclosures is CONTINUED to 01/20/11. (Benson, A.)

Brockley, et al v. Wendy's International

Doc. 11

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L E W I S BRISBOIS BISGAARD & SMITH LLP B ru c e L. Shaffer, SBN 062730 E-Mail: [e-mail] C h a rle s E. Coleman, SBN 200668 E-Mail: [e-mail] 2850 Gateway Oaks Drive, Suite 450 S a c ra m e n to , California 95833 T e le p h o n e : [phone] F a c sim ile : [phone] A tto rn e ys for Defendant WENDY'S INTERNATIONAL, INC. U N I T E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA ­ SACRAMENTO W I L L IA M BROCKLEY, TINA B RO CK LEY , P l a i n t if f ( s ) , vs. W E N D Y 'S INTERNATIONAL, INC. D e f e n d a n t (s ) . Case No.: 2:09-CV-01437-GEB-EFB P R O P O S E D JOINT STIPULATION S E E K IN G AMENDMENT OF E X P E R T DEADLINES; AND ORDER TH ER EO N

O n Account of Plaintiff, William Brockely's recent and ongoing medical condition a n d his resulting lack of availability to participate in this case for a period exceeding the p rio r estimate, the parties jointly hereby request the necessary and unavoidable continuation o f all expert deadlines previously ordered by the Court by (120) days. A Further Amended J o in t Status Conference Report including the proposed amended dates has been attached h e r e to as Exhibit "A". T h e previously agreed upon time line presently controlling was premised on p lain tiff 's stationary medical status and his ability to participate and make himself available in a timely manner. The granting of this Stipulation will allow for Plaintiff's necessary p a rtic ip a tio n in this case far enough in advance of the requested continued deadlines th e re b y allowing for the timely completion of required discovery, including plaintiff's and o th e r depositions and his medical examination(s), prior to required expert disclosures.
4833 -0962-0486.1

-1Dockets.Justia.com

PROPOSED JOINT STIPULATION SEEKING AM E N D M E N T OF EXPERT DEADLINES; AND ORDER TH EREO N

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A b s e n t the requested continuance of all expert related deadlines, the parties will be g rea tly prejudiced and not have the opportunity to complete reasonable and necessary d is c o v e ry required for expert disclosure. B a se d on the above, the parties jointly and respectively request the Court's approval o f this PROPOSED JOINT STIPULATION SEEKING AMENDMENT OF EXPERT D E A D L I N E S and the granting of the continuance of expert related deadlines by (120) d a ys . In the alternative, the parties request the scheduling of an appropriate and first a v a ila b le hearing to address their concerns and the request made by way of this filing.

D a te d : June ___, 2010

W E IN B E R G E R LAW FIRM

B y: _________________________________________ J o s e p h B. Weinberger A tto rn e ys for Plaintiffs WILLIAM BROCKLEY & TINA BROCKLEY

Dated: June ___, 2010

L E W I S BRISBOIS BISGAARD & SMITH

LLP

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4833 -0962-0486.1

Bruce L. Shaffer C h a rle s E. Coleman A tto rn e ys for Defendant WENDY'S INTERNATIONAL, INC.

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PROPOSED JOINT STIPULATION SEEKING AM E N D M E N T OF EXPERT DEADLINES; AND ORDER TH EREO N

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4833 -0962-0486.1

[PROPOSED] ORDER Accordingly, the Court considered the basis for the Proposed Joint Stipulation and orders: The date for expert disclosures is continued to December 10, 2010, and the date for rebuttal expert disclosures is continued to January 20, 2011. Dated: July 15, 2010

GARLAND E. BURRELL, JR. United States District Judge

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PROPOSED JOINT STIPULATION SEEKING AM E N D M E N T OF EXPERT DEADLINES; AND ORDER TH EREO N