Coronado v. Neish et al

Filing 12

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/20/12 the parties hereby stipulate and agree as follows: Discovery is open as to additional medical issues, including as to how medical issues relate to plaintiff's employment/ability to work, and the discovery cut-off date shall be December 28, 2012; Expert discovery cut-off date shall be February 28, 2013; and Trial date shall remain May 20, 2013. (Becknal, R)

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SPINELLI, DONALD & NOTT
A Professional Corporation
815 S Street, Second Floor
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]

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ROSS R. NOTT (State Bar No. 172235)
STEPHANIE D. RICE (State Bar No. 248719)
ATTORNEYS FOR Defendants
CONSTANCE NEISH, JAMES NEISH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COREY CORONADO,

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CASE #: 2:11-CV-00751-MCE-DAD

Plaintiff,
vs.

STIPULATION AND ORDER

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CONSTANCE NEISH, JAMES NEISH, et.
al.,

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Defendants.
________________________________/

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It is hereby stipulated by and between the parties through their respective counsel

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pursuant to FRCP 29(b) that:
1.

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This case arises out of a motor vehicle collision that occurred on February 5,

2.

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On or about June 28, 2011, Judge England entered a Pretrial Scheduling

2009.

Order setting this matter for trial on May 20, 2013. The following additional dates were set:

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

Discovery cut-off:

July 20, 2012

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

Expert Witness Disclosure date:

September 20, 2012

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3.

On or about May 7, 2012, plaintiff Corey Coronado underwent a two level

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disc arthroplasty that she alleges was necessitated as result of injuries sustained in the

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February 5, 2009 incident. As of the date of this Stipulation, plaintiff has not concluded her

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follow up course of care and treatment. She is not slated to return to work until early
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STIPULATION AND ORDER

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August.
4.

Plaintiff’s surgery in May of 2012 constitutes good cause to reopen

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discovery. If the matter proceeds to trial, the parties will need to obtain updated records

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reflecting her medical treatment, updated records and evidence regarding her employment

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history and job performance, for example.

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5.

The parties wish to mediate this case.

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6.

Because plaintiff must be significantly recovered/stabilized following her

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surgery before the case may be mediated, the soonest that the parties will be able to

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conduct a mediation will be in the October/November 2012 time frame. The case is more

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likely to settle if the sides are not heavily invested in expert discovery at the time of

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mediation. Accordingly, the parties wish to conduct the mediation prior to incurring the

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expense of retaining experts, disclosing experts, and conducting expert discovery.

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7.

The foregoing constitutes good cause extend the judicially imposed expert

disclosure and expert discovery cut-off dates.
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In light of the above facts, the parties hereby stipulate and agree as follows:


Discovery is open as to additional medical issues, including as to how

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medical issues relate to plaintiff’s employment/ability to work, and the

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discovery cut-off date shall be December 28, 2012;

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

Expert discovery cut-off date shall be February 28, 2013; and

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

Trial date shall remain May 20, 2013.

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DATED: September 7, 2012

ARNOLD LAW FIRM

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By: ________/s/_______________________
CLIFFORD L. CARTER
Attorneys for Plaintiff
COREY CORONADO

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DATED: September 7, 2012

SPINELLI, DONALD & NOTT
By: ________/s/___ ___________________
ROSS R. NOTT
STEPHANIE D. RICE
Attorneys for Defendants
CONSTANCE NEISH and JAMES NEISH
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STIPULATION AND ORDER

ORDER

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The parties’ stipulation and request to extend the judicially imposed expert

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disclosure and expert discovery cut-off dates is GRANTED. The current Pretrial

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Scheduling Order is vacated. An amended Pretrial Scheduling Order will issue.
IT IS SO ORDERED.

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Dated: September 20, 2012
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

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STIPULATION AND ORDER