Kegebein v. Safeway, Inc.

Filing 14

ORDER signed by Judge John A. Mendez on 12/22/10 MODIFYING the Pretrial Scheduling Order: parties shall make expert witness disclosure by 3/23/11; supplemental disclosures shall be made by 4/6/11 and all expert discovery shall be completed by 5/31/11. (Carlos, K)

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DILLINGHAM & MURPHY, LLP WILLIAM F. MURPHY, ESQ. (SBN 082482) J. CROSS CREASON, ESQ. (SBN 209492) 225 BUSH STREET, 6TH FLOOR SAN FRANCISCO, CALIFORNIA 94104-4207 TELEPHONE: [phone] FACSIMILE: [phone] Attorneys for Defendant SAFEWAY INC. LAW OFFICE OF BOWMAN & ASSOCIATES ROBERT C. BOWMAN, JR., ESQ. (SBN 232388) KARA DANELLE KEISTER, ESQ. (SBN 250260) 2151 RIVER PLAZA DRIVE, SUITE 105 SACRAMENTO, CA 95833 TELEPHONE: [phone] FACSIMILE: [phone] Attorneys for Plaintiff BRENDA KEGEBEIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO DIVISION BRENDA KEGEBEIN Plaintiff, vs. SAFEWAY INC., a corporation; and DOES 1 THROUGH 50, inclusive. Defendants. CASE NO. 2:10-cv-1166-JAM-KJN ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER RE EXPERT DISCLOSURE AND EXPERT DISCOVERY

Based on the parties' stipulation, and good cause appearing, the following will modify and augment the Court's July 30, 2010 STATUS (Pre-trial Scheduling) ORDER. Except as expressly modified or augmented, the July 30, 2010 STATUS (Pre-trial Scheduling) ORDER, including the deadlines set forth therein, remains in full effect. /// ///
PAGE 1 - CASE NO. 22:10-cv-1166-JAM-KJN
STIPULATION AND [PROPOSED] ORDER RE PRE-TRIAL SCHEDULING

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DISCLOSURE OF EXPERT WITNESSES The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by March 23, 2011. Supplemental disclosure and disclosure of any rebuttal experts under Fed. R. 26(a)(2)(c) shall be made by April 6, 2011. Failure of a party to comply with the disclosure schedule as set forth above in all likelihood will preclude that party from calling the expert witness at the time of trial absent a showing that the necessity for the witness could not have been reasonably anticipated at the time the disclosures were ordered and that the failure to make timely disclosure did not prejudice any other party. See Fed. R. Civ. P. 37(c). EXPERT DISCOVERY All expert discovery shall be completed by May 31, 2011. In this context, "completed" means that all expert discovery shall have been conducted so that all expert depositions have been taken and any disputes relative to expert discovery shall have been resolved by appropriate order if necessary and, where expert discovery has been ordered, the order has been complied with. IT IS SO ORDERED. Dated: December 22, 2010

/s/ John A. Mendez_______________________ JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE

PAGE 2 - CASE NO. 22:10-cv-1166-JAM-KJN
STIPULATION AND [PROPOSED] ORDER RE PRE-TRIAL SCHEDULING

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