Barker v. Yassine

Filing 105

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 5/28/14 ORDERING that the Scheduling Order is modified to extend all remaining dates by three months.(Dillon, M)

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Lynn Hubbard III, SBN 69773
Scottlynn J Hubbard, SBN 212970
DISABLED ADVOCACY GROUP, APLC
12 Williamsburg Lane
Chico, California 95926
[phone]

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Attorneys for 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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United States District Court

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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-246-LKK-AC
Joint Stipulation to Modify
Scheduling Order and Proposed
Order
[Fed. R. Civ. P. 16(b)]
Date:
Time:
Room:
Honorable Allison Claire

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Barker v. Yassine, Case No. 2:11-cv-00246-LKK-AC
Joint Stipulation to Modify Scheduling Order and Proposed Order

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On March 7, 2014, Dale Hubbard – mother for attorney Scottlynn

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Hubbard and wife of 47 years for attorney Lynn Hubbard III – passed away

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unexpectedly at her home in Chico, California.1 She was 67 years old.

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Disabled Advocacy Group is a family law firm and the death of its

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matriarch was devastating to its counsel and staff. Despite this loss, we

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have attempted to fulfill our obligations to both court and counsel,

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including the deadlines established under the current schedule.

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proven difficult (and not entirely successful) for obvious reasons. We are

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thus seeking to modify the scheduling order, and extend all remaining

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deadlines by three months to reflect the delay caused by her death. A

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schedule may be modified only for good cause and with the judge's consent.

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Fed. R. Civ. P. 16(b)(4).

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modification of a scheduling order must generally show that, even with the

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exercise of due diligence, they cannot meet the order's timetable. Johnson

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v. Mammoth Recreations, Inc., 975 F2d 604, 609 (9th Cir. 1992). To

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establish diligence, a movant should establish (1) they assisted the court in

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fashioning a workable scheduling order; (2) any actual or anticipated

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noncompliance resulted from circumstances not reasonably anticipated at

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the time of the scheduling conference; and (3) a prompt request for

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modification once it became apparent that compliance was not possible.

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Hood v. Hartford Life & Acc. Ins. Co., 567 F.Supp.2d 1221, 1224 (E.D.

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Cal. 2008) (Damrell, SJ). In this case, plaintiff’s counsel did not know that

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his mother was sick (much less that she would pass away) when fashioning

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the schedule, nor did he appreciate how her death would affect his father

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and their law practice. More importantly, once it became apparent that we

To establish “good cause,” parties seeking

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It has

http://www.legacy.com/obituaries/chicoer/obituary.aspx?n=dalehubbard&pid=170401079 (last viewed May 27, 2014).

Barker v. Yassine, Case No. 2:11-cv-00246-LKK-AC
Joint Stipulation to Modify Scheduling Order and Proposed Order

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would be unable to fulfill our obligation under the current schedule, we

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immediately moved to modify the deadline. For these reasons, we hope the

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court will allow a short three month extension of all remaining deadlines so

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that the parties can complete trial preparation in this case.

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Dated: May 28, 2014

DISABLED ADVOCACY GROUP, APLC

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/s/ Scottlynn J Hubbard IV, esq. /
SCOTTLYNN J HUBBARD IV
Attorney for Plaintiff William Barker

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Dated: May 28, 2014

BURKE, WILLIAMS & SORENSEN, LLP

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/s/ Martin Kosla, esq.
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MARTIN KOSLA
Attorney for Defendant R. Yassine

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[PROPOSED] ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the

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Scheduling Order is modified to extend all remaining dates by three

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months.

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IT IS SO ORDERED.

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Dated: May 28, 2014

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Barker v. Yassine, Case No. 2:11-cv-00246-LKK-AC
Joint Stipulation to Modify Scheduling Order and Proposed Order

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