Levitoff v. Vilsack et al

Filing 18

STIPULATION and ORDER 17 signed by Judge John A. Mendez on 11/29/12 ORDERING that the scheduling order 14 is modified as follows: Plaintiff's Expert Witness Disclosure due 3/1/2013; Defendant's Expert Witness Disclosure due 3/29/2013; Supplemental/Rebuttal Expert Witnesses due 4/12/2013; Joint Mid-Litigation Statement due 4/26/2013; and Discovery due 5/15/2013. All other dates of the scheduling order 14 remain the same. (Kastilahn, A)

1
2
3
4

BENJAMIN B. WAGNER
United States Attorney
LYNN TRINKA ERNCE
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for Defendant

7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

KRISTINE LEVITOFF,

12

Plaintiff,

13

Case No. 2:11-cv-01149 JAM AC

v.

14
15

THOMAS J. VILSACK, Secretary, U.S.
Department of Agriculture,
Defendant.

16
17

STIPULATION REQUESTING
MODIFICATION OF SCHEDULING
ORDER

Defendant Thomas J. Vilsack, Secretary of the United States Department of Agriculture, and

18

plaintiff Kristine Levitoff, by and through their undersigned counsel, hereby stipulate and agree as

19

follows:

20
21
22
23
24
25
26
27
28

1.

On February 13, 2012, the Court entered its Status (Pretrial Scheduling) Order for

the case. Docket 14.
2.

The scheduling order set the following discovery and motion deadlines:
Plaintiff’s Expert Witness Disclosure
Defendant’s Expert Witness Disclosure
Supplemental/Rebuttal Expert Witnesses
Joint Mid-Litigation Statement
Discovery Cutoff
Dispositive Motions (filed by)
Dispositive Motions (heard by)
Joint Pretrial Conference Statement
Final Pretrial Conference
Trial Briefs
Trial

STIPULATION REQUESTING MODIFICATION
OF SCHEDULING ORDER

1

January 18, 2013
February 15, 2013
March 5, 2013
April 5, 2013
April 19, 2013
June 5, 2013
July 10, 2013
September 6, 2013
September 13, 2013
October 7, 2013
October 21, 2013

3.

1

For a number of months, the parties have been engaged in settlement negotiations in an

2

attempt to resolve this case. At this time, the parties wish to attempt to reach a settlement by attending a

3

private mediation. Given counsels’ work schedules and their upcoming holiday and vacation schedules,

4

the parties will attempt to schedule private mediation to occur in late January 2013.
4.

5

Because plaintiff’s expert witness disclosure deadline is in mid-January, with other

6

dates following thereafter, the parties believe that good cause exists for the Court to modify its

7

scheduling order to accommodate the parties’ interest in participating in private mediation. The

8

parties would prefer not to have to incur the substantial time and expense associated with expert and

9

non-expert discovery at this time if it is possible that the case may resolve at mediation.

10

5.

Accordingly, the parties agree to request that the Court modify the scheduling

11

order as follows:

12
Plaintiff’s Expert Witness Disclosure
Defendant’s Expert Witness Disclosure
Supplemental/Rebuttal Expert Witnesses
Joint Mid-Litigation Statement
Discovery Cutoff
Dispositive Motions (filed by)
Dispositive Motions (heard by)
Joint Pretrial Conference Statement
Final Pretrial Conference
Trial Briefs
Trial

13
14
15
16
17
18
19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28
STIPULATION REQUESTING MODIFICATION
OF SCHEDULING ORDER

2

Old Date
January 18, 2013
February 15, 2013
March 5, 2013
April 5, 2013
April 19, 2013
June 5, 2013
July 10, 2013
September 6, 2013
September 13, 2013
October 7, 2013
October 21, 2013

New Date
March 1, 2013
March 29, 2013
April 12, 2013
April 26, 2013
May 15, 2013

1

6.

Since the parties are not asking the Court to modify the dispositive motion, pretrial, or

2

trial dates at this time, the requested modification of the scheduling order will not prejudice either

3

party, and should not negatively impact the Court’s schedule for this case.

4
5
6

Respectfully submitted,
DATED: November 29, 2012

BENJAMIN B. WAGNER
United States Attorney

7
By:

/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney

By:

8

/s/ Joseph A. Howell
JOSEPH A. HOWELL
Attorneys for Plaintiff

9
10

DATED: November 29, 2012

11
12
13
14
15
16

ORDER

17

IT IS SO ORDERED.

18

Dated: 11/29/2012

19

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

20
21
22
23
24
25
26
27
28
STIPULATION REQUESTING MODIFICATION
OF SCHEDULING ORDER

3