McClelland v. Permanente Medical Group

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/13/12: Discovery due by 7/31/2012. The parties are to designate in writing, and serve upon all other parties, the names of all experts they propose to tender at trial on or befo re April 20, 2012. Dispositive Motions filed by 9/19/2012. Final Pretrial Conference set for 1/7/2013 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Bench Trial set for 4/9/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)

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David R. McNamara, # 133302
Christina C. Tillman, #258627
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

Attorneys for Defendant
THE PERMANENTE MEDICAL GROUP, INC.

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IN THE UNITED STATES DISTRICT COURT

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IN THE EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH McCLELLAND,

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Plaintiff,

Case No. 2:11-CV-01224-LKK-EFB
STIPULATION TO CONTINUE TRIAL
AND PRETRIAL DATES

v.
PERMANENTE MEDICAL GROUP,
INC., and DOES 1 through 10,

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Defendants.
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Plaintiff ELIZABETH McCLELLAND and Defendant THE PERMANENTE

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MEDICAL GROUP, INC., (“TPMG”) by and through its counsel, hereby stipulate and agree to

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the continuance of the trial and pretrial dates set forth in the September 19, 2011 Status (Pretrial

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Scheduling) Order as follows:

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1.

All law and motion, except discovery, is to be completed by September 20,

2012. Motions to compel discovery must be heard not later than July 31, 2012.

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2.

All discovery is to be completed by June 29, 2012.

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3.

The parties are to designate in writing, and serve on all parties, the names

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP

of all experts they propose to tender at trial on or before April 20, 2012.
4.

The final pretrial conference may be continued from September 17, 2012

to January 7, 2013.
STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES AND ORDER THEREON

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5.

The trial may be continued from December 11, 2012 to April 9, 2013.

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6.

The parties are to abide by all other requirements of the September 19,

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2011 Status (Pretrial Scheduling) Order.
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Good cause exists for the requested continuance due to Plaintiff’s

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undergoing surgery and a threatened strike by TPMG nurses which caused a delay in providing

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and documents to Plaintiff.

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Dated: March 9 , 2012

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By:

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Dated: March 9, 2012

/s/ Elizabeth McClelland
Elizabeth McClelland
Plaintiff

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:

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/s/ Christina C. Tillman
David R. McNamara
Christina C. Tillman
Attorneys for Defendant
THE PERMANENTE MEDICAL
GROUP, INC.

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP

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STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES AND ORDER THEREON

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ORDER

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IT IS HEREBY ORDERED, based upon the stipulation of the parties, that the
dates in the September 19, 2011 Status (Pretrial Scheduling) Order be continued as follows:1

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1.

discovery must be heard not later than Wednesday, June 27, 2012.

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2.

3.

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4.

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The final pretrial conference is set before the Honorable Lawrence K.

Karlton on January 7, 2013 at 1:30 p.m., in Courtroom 4. Pretrial statements shall be filed in
accordance with Local Rules 281 and 282, and the requirements set forth in the September 19,
2011 Status (Pretrial Scheduling) Order.

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All pretrial motions, except motions to compel discovery, shall be

completed by Wednesday, September 19, 2012.3

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The parties are to designate in writing, and serve upon all other parties, the

names of all experts they propose to tender at trial on or before April 20, 2012.

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All discovery shall be completed by July 31, 2012.2 Motions to compel

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A trial is set to commence before the Honorable Lawrence K. Karlton on

April 9, 2013 at 10:30 a.m., in Courtroom 4.
Dated: March 13, 2012.

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP

In light of the parties’ stipulation, the Rule 16 good cause standard is not addressed herein.

As provided in the September 19 scheduling order, the word “completed” in this context means
that all discovery shall have been conducted so that all depositions have been taken and any
disputes relative to discovery shall have been resolved by appropriate order if necessary and,
where discovery has been ordered, the order has been complied with. Dckt. No. 10 at 3.
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As provided in the September 19 scheduling order, the word “completed” in this context means
that all law and motion matters must be heard by the above date. Dckt. No. 10 at 2.
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STIPULATION TO CONTINUE TRIAL AND PRETRIAL DATES AND ORDER THEREON