Tompkins v. Union Pacific Railroad Company

Filing 45

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 12/22/14: Designation of Expert Witnesses due by 3/31/2015.The exchange of lists of rebuttal expert witnesses due by April 13, 2015. Discovery due by 5/5/2015. (Kaminski, H)

(SPACE BELOW FOR FILING STAMP ONLY)
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STEPHANIE L. QUINN (SBN 216655)
MARIEL COVARRUBIAS (SBN 274784)
MURPHY, CAMPBELL, ALLISTON & QUINN
8801 Folsom Boulevard, Suite 230
Sacramento, CA 95826
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
UNION PACIFIC RAILROAD COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MURPHY, CAMPBELL, ALLISTON & QUINN

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BURLEY D. TOMPKINS,
Plaintiff,

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Case No. 2:12-CV-01481-CMK

vs.
UNION PACIFIC RAILROAD COMPANY, a
corporation,

STIPULATION OF THE PARTIES TO
MODIFY SCHEDULING ORDER AND
EXTEND DISCOVERY DEADLINES;
[PROPOSED] ORDER

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Defendants.
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STIPULATION OF THE PARTIES TO MODIFYSCHEDULING ORDER AND EXTEND

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DISCOVERY DEADLINES

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Pursuant to Rules 16(b)(4) and 29 of the Federal Rules of Civil Procedure, Defendant

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UNION PACIFIC RAILROAD COMPANY (“UPRR”) and Plaintiff BURLEY D. TOMPKINS, by

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and through their attorneys of record, hereby stipulate to modify the scheduling order dated

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July 2, 2014, and extend the time for discovery deadlines previously set in this matter.

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The expert disclosure deadline is currently scheduled for January 30, 2015. The
parties request an extension of this deadline to March 31, 2015.
The exchange of lists of rebuttal expert witnesses is currently scheduled for
February 10, 2015. The parties request an extension of this deadline to April 13, 2015.
Discovery is currently scheduled to be completed by April 7, 2015. The parties
request an extension of this deadline to May 5, 2015.

-1STIPULATION TO EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER

All other dates will remain the same as provided for in the July 2, 2014 scheduling

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order.
GOOD

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CAUSE

EXISTS

FOR

THE

REQUESTED

MODIFICATION

AND

EXTENSIONS
Counsel for UPRR began conferring with counsel for Plaintiff in September 2014 for

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scheduling Plaintiff’s deposition. Counsel for Plaintiff, informed counsel for UPRR that due

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to their trial calendar the first available dates to schedule Plaintiff’s deposition would be in

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November 2014.

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counsel for UPRR noticed Plaintiff’s deposition for December 18, 2014. Taking into

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consideration Plaintiff’s counsel’s trial schedule, counsel for UPRR has been diligently

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MURPHY, CAMPBELL, ALLISTON & QUINN

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attempting to schedule depositions for Plaintiff’s medical providers, however Plaintiff’s

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counsel is still currently in trial and not available to attend said depositions.

After furthering conferring due to Plaintiff’s counsel’s trial schedule,

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Plaintiff has disclosed treatment with 20 distinct medical providers in his initial

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disclosures. The number and complexity of witnesses requires this extension because

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UPRR is attempting to schedule the depositions of Plaintiff’s disclosed medical providers,

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many of which are out of state doctors whose schedules dictate when and where their

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depositions may take place.

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On December 4, 2014 the parties held a discovery conference regarding the issues

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related to scheduling Plaintiff’s medical providers’ depositions prior to the January 30, 2015

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deadline.

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depositions but cannot accomplish them with holidays and Plaintiff’s counsel’s trial calendar.

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The parties are working diligently and cooperatively to schedule these

-2STIPULATION TO EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER

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Therefore, counsel for the parties agreed a stipulation to an extension of the discovery

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deadlines would be necessary.

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IT IS HEREBY STIPULATED
DATED: December 8, 2014

MURPHY, CAMPBELL, ALLISTON & QUINN

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By:

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/s/ MARIEL COVARRUBIAS_________
STEPHANIE L. QUINN (SBN 216655)
MARIEL COVARRUBIAS (SBN 274784)
Attorneys for Defendant UNION PACIFIC
RAILROAD COMPANY

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DATED: December 8, 2014

HILDEBRAND McLEOD & NELSON INC.

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MURPHY, CAMPBELL, ALLISTON & QUINN

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By:

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/s/ RYAN OTIS___________________
ANTHONY PETRU (SBN 91399)
RYAN OTIS (SBN 260032)
Attorneys
for
Plaintiff
BURLEY
TOMPKINS

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IT IS SO ORDERED:

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Dated: December 22, 2014

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-3STIPULATION TO EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER

D.