Zarco v. Shredfast Mobile Data Destruction, Inc.

Filing 18

STIPULATION and ORDER 17 signed by Judge Garland E. Burrell, Jr., on 1/24/13: Designation of Expert Witnesses deadline is EXTENDED to 4/30/2013, and rebuttal expert disclosures deadline is EXTENDED to 5/31/2013. (Kastilahn, A)

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Law Offices of

MATHENY SEARS LINKERT & JAIME, LLP
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DOUGLAS A. SEARS, ESQ. (SBN 48646)
JEFFREY E. LEVINE, ESQ. (SBN 255862)
3638 American River Drive
Sacramento, California 95864
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant, TOTER, INC., sued and
served herein as DOES 2, 22, 32, 42, 52 and 62

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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MARIO ALBERTO ZARCO,

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Plaintiff,
v.
VECOPLAN, LLC and TOTER, INC.

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Case No. 2:12-CV-00826-GEB-CMK
STIPULATION AND [PROPOSED]
ORDER CONTINUING EXPERT
DISCLOSURE DEADLINE FROM
MARCH 7, 2013 UNTIL APRIL 30, 2013
AND REBUTTAL EXPERTS FROM
APRIL 8, 2013 UNTIL MAY 31, 2013

Defendant.

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Plaintiff Mario Alberto Zarco and Defendants, Vecoplan, LLC and Toter, Inc., through

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their respective counsel, respectfully request a continuance of the expert disclosure deadlines due

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to the following.
RECITALS

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1.

On July 16, 2012, this Court entered its Status (Pre-trial Scheduling) Order that,

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among other things, provided that amendment would only be allowed by leave of Court with

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good cause shown.

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2.

The parties believe good cause exists for a brief continuance of the current March

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7, 2013, Expert Disclosure deadline and April 8 Rebuttal Expert Disclosure deadline. The parties

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have been engaged in liability, non-damages, and damages discovery that is on-going. This

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includes depositions that have been noticed to occur over the next few weeks, the scheduling of

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which has been difficult given that defendants reside out of state and the deponents’ availability.
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STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCLOSURE DEADLINE FROM MARCH
7, 2013 UNTIL APRIL 30, 2013 AND REBUTTAL EXPERTS FROM APRIL 8, 2013 UNTIL MAY 30, 2013

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The parties have also stipulated to a vocational rehabilitation exam of plaintiff that is set for

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February 15, 2013 and anticipate setting plaintiff’s deposition shortly thereafter. The parties need

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more time to complete this discovery and produce the necessary expert reports.

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3.

All parties agree that it is in the interests of justice and an efficient resolution of

Event

Current Date

New Date

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Initial Expert(s) Disclosures

March 7, 2013

April 30, 3013

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Rebuttal Expert Disclosures

April 8, 2013

May 31, 2013

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STIPULATION

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

this case to extend the expert disclosure deadlines as follows:

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MATHENY SEARS LINKERT & JAIME, LLP

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Based on the foregoing recitals, the parties hereby STIPULATE that:

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1.

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April 30, 2013, and rebuttal experts from April 8, 2013 until May 31, 2013.

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The deadline to submit Expert Disclosures is continued from March 7, 2013 to

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This continuance of the deadline to submit Expert Disclosures will not affect any

other deadlines in this action.

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3.

All remaining dates and deadlines as set by the Court in its July 16, 2012 Order,

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are otherwise unaffected by this Stipulation and Proposed Order.

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STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCLOSURE DEADLINE FROM MARCH
7, 2013 UNTIL APRIL 30, 2013 AND REBUTTAL EXPERTS FROM APRIL 8, 2013 UNTIL MAY 31, 2013

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4.

By entering into this stipulation, none of the parties waive any rights or arguments

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that they may otherwise have with respect to their ability to request or oppose additional

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continuances in this action if necessary.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: January 22, 2013

LAW OFFICES OF MICHAEL T.
SHEPHERD

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By: /s/ MICHAEL T. SHEPHERD
MICHAEL T. SHEPHERD, ESQ.,
Attorneys for Plaintiff, MARIO
ALBERTO ZARCO.

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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KOELLER, NEBEKER, CARLSON
& HALUCK, LLP

Dated:

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By:

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JOSEPH T. SPEAKER, ESQ., Attorneys
for Defendant, VECOPLAN, LLC.

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MATHENY SEARS LINKERT & JAIME, LLP

Dated: January 22, 2013

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By:

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DOUGLAS A. SEARS, ESQ.,
JEFFREY E. LEVINE, ESQ.,
Attorneys for Defendant, TOTER, INC.

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THE STIPULATION OF THE PARTIES IS APPROVED AND IT IS SO ORDERED.
Date: 1/24/2013

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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 AND [PROPOSED] ORDER CONTINUING EXPERT DISCLOSURE DEADLINE FROM MARCH
7, 2013 UNTIL APRIL 30, 2013 AND REBUTTAL EXPERTS FROM APRIL 8, 2013 UNTIL MAY 31, 2013