O'Conner v. United States of America et al

Filing 20

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/5/12 modifying scheduling order. Expert Witness Disclosure due by 2/22/13; Supplemental due by 3/13/13. (Manzer, C)

1 BENJAMIN B. WAGNER
United States Attorney

2 LYNN TRINKA ERNCE
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 CYNTHIA O’CONNER,
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CASE NO. 2:11-cv-02803 GEB CMK

Plaintiff,
v.

14 UNITED STATES OF AMERICA,
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STIPULATION REQUESTING
MODIFICATION OF EXPERT
WITNESS DEADLINES IN
SCHEDULING ORDER; PROPOSED
ORDER

Defendant.

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Plaintiff Cynthia O’Conner and defendant United States of America hereby stipulate and agree

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1.

On February 17, 2012, the Court entered its Status (Pretrial Scheduling)

Order for the case. Docket 14.

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2.

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deadlines:

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The scheduling order set the following expert witness disclosure

Expert Witness Disclosure
Supplemental Expert Witnesses
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December 3, 2012
January 3, 2013

On October 12, 2012, the United States filed a motion to dismiss

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plaintiff’s complaint in this action with prejudice for lack of subject matter jurisdiction.

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Docket 16. The United States set the hearing on the motion for November 19, 2012. Id.

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Stipulation to Modify Expert Witness
Deadlines in Scheduling Order; Proposed Order

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4.

On November 2, 2012, at plaintiff’s request, the parties stipulated to

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continue to hearing date and modify the briefing schedule for the motion to dismiss.

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Docket 17.

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5.

The Court approved the stipulation and signed an order on November 5,

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2012 which rescheduled the hearing on the motion to dismiss to December 3, 2012.

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Docket 18.

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6.

Because the motion to dismiss is set to be heard on the same day on which

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the parties’ initial expert witness disclosures are due, the parties agree that good cause

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exists to request that the Court modify its scheduling order to allow time for the Court to

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rule on the motion before the parties are required to incur the time and expense necessary

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to disclose expert witnesses.

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7.

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

scheduling order as follows, or to alternative dates convenient to the Court:

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Expert Witness Disclosure
Supplemental Expert Witnesses
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Old Date
December 3, 2012
January 3, 2013

New Date
February 22, 2013
March 13, 2013

Since the parties are not asking the Court to modify the discovery cutoff,

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pretrial, or trial dates, modification of the scheduling order will not prejudice either party,

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

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Respectfully submitted,

20 DATED: November 5, 2012

BENJAMIN B. WAGNER
United States Attorney

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

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24 DATED: November 5, 2012

ALTEMUS & WAGNER

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By:
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/s/ Stewart C. Altemus
STEWART C. ALTEMUS
Attorneys for Plaintiff

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Stipulation to Modify Expert Witness
Deadlines in Scheduling Order; Proposed Order

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ORDER

2 IT IS SO ORDERED, but the good cause issue is not reached.
3 Date: 11/5/2012
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___________________________________

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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Stipulation to Modify Expert Witness
Deadlines in Scheduling Order; Proposed Order

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