Barker v. Yassine

Filing 101

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 4/7/14 ORDERING that the date for Expert Disclosures is continued to 5/14/14. (Manzer, C)

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Scottlynn J Hubbard IV, SBN 212970
DISABLED ADVOCACY GROUP, APLC
12 Williamsburg Lane
Chico, CA 95926
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff William Barker

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Susan E. Coleman, SBN 171832
E-mail: [e-mail]
Martin Kosla, SBN 247224
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant R. Yassine

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THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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William Barker,

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Plaintiff,

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vs.

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R. Yassine,

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Defendant.

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Case No. 2:11-cv-00246-LKK-AC
Stipulation and [Proposed] Order to
Extend the Expert Disclosures Deadline

Hon. Magistrate Judge Allison Claire

______________________________ )

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Barker v. Yassine, Case No. 2:11-cv-00246-LKK-AC
Stipulation and [Proposed] Order to Extend Expert Disclosure Deadline

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It is hereby stipulated by and between the parties hereto, through their
respective counsel of record the following:

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WHEREAS, the parties were served with Scheduling Order on December
17, 2013 in this matter;

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WHEREAS, the Scheduling Order provides that by April 14, 2014, the
parties shall disclose their expert witnesses.

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WHEREAS, for the past thirty-six (36) days plaintiff’s counsel has been

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trying to coordinate a mutually agreeable date to schedule an Independent Medical

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Examination with the California Department of Corrections and Rehabilitation

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(“CDCR”).

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WHEREAS, in late February the CDCR’s litigation coordinator, Ms. Ann

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Sheldon, informed plaintiff’s counsel that due to plaintiff’s custody status any

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visits would be non-contact.

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WHEREAS, defense counsel has informed plaintiff’s counsel that he needs

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to submit a written request to the Warden at the institution requesting an

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Independent Medical Examination, as required by Cal. Code Regs., tit.15, § 3354

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(c).

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WHEREAS, on April 1, 2014, it was brought to Plaintiff’s counsel’s

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attention that Mr. Barker was transferred to the Richard J. Donovan Correctional

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Facility in San Diego.

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THEREFORE, the Parties jointly stipulate and request that this Court enter
an order as follows:

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1. Due to the limited availability of Mr. Barker, Plaintiff request that expert

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disclosures be extended thirty (30) days for the sole purpose of allowing

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plaintiff to complete its IME.

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Barker v. Yassine, Case No. 2:11-cv-00246-LKK-AC
Stipulation and [Proposed] Order to Extend Expert Disclosure Deadline

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2. Nothing in this Stipulation shall be construed to effect any other date set

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forth in the Court’s Scheduling Order, as all other dates shall remain the

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same.

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IT IS SO STIPULATED.

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Dated: April 4, 2014

DISABLED ADVOCACY GROUP, APLC

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/s/ Scottlynn J Hubbard IV
Scottlynn J Hubbard IV, Esq.
Attorney for Plaintiff William Barker

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Dated: April 4, 2014

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/s/ Martin Kosla
Martin Kosla, Esq.
Attorney for Defendant R. Yassine

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BURKE, WILLIAMS & SORENSEN, LLP

[PROPOSED] ORDER ON STIPULATION

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Good cause appearing, IT IS HEREBY ORDERED that the date for Expert
Disclosures under Rule 26(a)(2) be continued to May 14, 2014.
IT IS SO ORDERED.

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Dated: April 7, 2014

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Barker v. Yassine, Case No. 2:11-cv-00246-LKK-AC
Stipulation and [Proposed] Order to Extend Expert Disclosure Deadline