(PS) Chipman v. Nelson et al

Filing 615

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/27/2021 MODIFYING the scheduling order as follows: Plaintiff's expert disclosure due by 02/01/2022; Defendants' expert disclosures due by 02/15/2022; and Rebuttal disclosures due by 03/04/2022. (Rodriguez, E)

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J. RANDALL ANDRADA (SBN 70000)
[e-mail]
ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION
1939 Harrison Street, Suite 612
Oakland, California 94612
Tel.: [phone]
Fax: [phone]
Attorneys for Defendant
ENLOE MEDICAL CENTER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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Case No.: 2:11-cv-02770-TLN-EFB

RICKIE L CHIPMAN,
Plaintiff,

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MARCIA F. NELSON, et al.,
Defendants.

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pursuant to Local Rules 143 and 144, stipulate as follows:
1.

The Court issued a Scheduling Order on October 20, 2021, namely Document 613.

2.

The Order stated in part as follows:
A) The plaintiff shall serve her expert disclosure on or before December 2, 2021;
B) The defendants shall serve their expert disclosure on or before December 16, 2021;

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C) Rebuttal disclosures shall be served on or before January 5, 2022.

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Action Filed: October 20, 2011

The plaintiff, who is in pro per, and the defendants, who are represented by counsel, and

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND EXPERT
DISCLOSURE AND EXPERT
DEPOSITIONS

v.

D) Expert depositions “shall be completed within thirty days of disclosure.”
3.

The Order further stated as follows:
“The court recognizes that this schedule covers the end of the year
holiday period. The court is amenable to granting reasonable
extensions if necessary.”
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{00122184.DOC/}OPTIMA 0983

STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE & DEPOS

Chipman v. Nelson, et al.
2:11-cv-02770-TLN-EFB

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4.

Good cause exists for the Court to extend the disclosure and discovery deadlines. The

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good cause includes the fact, as stated by the court, that “this schedule covers the end of the year holiday

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period.”

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5.

Further good cause exists because other professional demands upon the attorneys and

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expert witnesses, and the requirement under the Federal Rules that written reports be provided by the

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experts, make it difficult, if not impossible, to comply with the time limits imposed by the Court in its

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order.

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6.

December 6-10, 2021 in Kass v. County of Alameda. The case is venued in the Northern District of the
Federal Court, and is considered to be a date certain. There is no possibility of settlement in the case.

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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7.

8.

I sent an email to the plaintiff and codefense counsel on October 21, 2021. It stated the

following in pertinent part:

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“The three of us should ask the court to extend the deadline of Ms.
Chipman to February 1, 2022. The deadline for the defendants should
be moved to February 15. The rebuttal disclosure deadline should be
moved to March 4.”

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Additionally, counsel for Dr. Joseph Matthews is scheduled to take a few days of

vacation from October 28 through November 1, and November 12 through November 15, 2021.

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The other professional demands upon counsel for Enloe Medical Center include trial on

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The plaintiff responded by email on that same day. Her email stated in pertinent part:
“. . . I hereby confirm and accept your proposal to request an
extension, as you have stated with this proposal [of today] . . .”

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10.

email stated in pertinent part:
“We agree with Mr. Andrada’s proposal and look forward to receipt
of the joint stipulation for our execution.”

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Counsel for co-defendant Dr. Joseph Matthews responded by email on October 22. His

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Given all of the above, the parties request that the Court change the disclosure dates of

December 2, December 16, and January 5 to the following:

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a)

Plaintiff’s expert disclosure shall be served on or before February 1, 2022;

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b)

Defendants’ expert disclosures shall be served on or before February 15, 2022; and
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STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE & DEPOS

Chipman v. Nelson, et al.
2:11-cv-02770-TLN-EFB

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c)

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12.

Rebuttal disclosures shall be served on or before March 4, 2022.

Additionally, the Order dated October 20 requires the parties to complete “any expert

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depositions . . . within thirty days of disclosure.” Given all of the above, the parties request that the

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Court issue the following order with regard to the completion of expert depositions:

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a)

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If any party deposes one or more experts who were disclosed by the plaintiff on or
before February 1, said deposition(s) must be completed on or before March 3, 2022.

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b)

If any party deposes one or more experts who were disclosed by one or more

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defendants on or before February 15, 2022, said deposition(s) must be completed on

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or before March 17, 2022.

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c)

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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said deposition(s) must be completed on or before April 4, 2022.

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If any party deposes one or more experts who were disclosed as a rebuttal expert,

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The parties respectfully request that the Court extend the dates for expert disclosure and

expert depositions as set forth above.

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IT IS SO STIPULATED

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Dated:

October 22, 2021

ANDRADA & ASSOCIATES

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By

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document with their electronic signatures.
/s/ J. Randall Andrada

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J. RANDALL ANDRADA

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J. RANDALL ANDRADA
Attorneys for Defendant
ENLOE MEDICAL CENTER

I attest that Rickie L. Chipman and Steven M. McKinley have authorized me to file this

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/s/ J. Randall Andrada

Date:

October 22, 2021

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/s/ Rickie L. Chipman

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RICKIE L. CHIPMAN
Plaintiff

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{00122184.DOC/}OPTIMA 0983

STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE & DEPOS

Chipman v. Nelson, et al.
2:11-cv-02770-TLN-EFB

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Dated:

October 22, 2021

LOW McKINLEY BALERIA &
SALENKO, LLP

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By

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/s/ Steven M. McKinley
STEVEN M. McKINLEY
Attorneys for Defendant
JOSEPH M. MATTHEWS

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IT IS SO ORDERED.

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Dated: October 27, 2021.

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_____________________________
EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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{00122184.DOC/}OPTIMA 0983

STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE & DEPOS

Chipman v. Nelson, et al.
2:11-cv-02770-TLN-EFB