Holloway et al v. United States of America

Filing 23

STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr on 12/15/13 ORDERING: Discovery cutoff (fact): due by February 21, 2014; Initial expert disclosures: due by March 21, 2014; Supplemental exp ert disclosures due by April 10, 2014; Last day to file dispositive motions due by May 1, 2014; Last day for dispositive motion hearing is June 26, 2014; Joint Final Pretrial Conference Statement: due by August 7, 2014; Last day to file evidentiary or procedural motions due by August 7, 2014; Last day to file trial briefs due by August 14, 2014; Final Pretrial Conference set for August 28, 2014; Trial (5 days, bench) set for October 14, 2014. (Becknal, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 CHI SOO KIM
Assistant United States Attorneys
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for United States
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7 HALEY & BILHEIMER
JOHN G. BILHEIMER
8 505 Coyote Street, Suite A
Nevada City, CA 95959
9 Telephone: [phone]
Facsimile: [phone]
10
Attorney for Plaintiffs Robyn Holloway
11 and Sterling Holloway
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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17 ROBYN HOLLOWAY and STERLING
HOLLOWAY,
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Plaintiffs,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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CASE NO. 2:12-cv-02120 MCE-CKD

STIPULATION AND ORDER TO
MODIFY PRETRIAL
SCHEDULING ORDER

Defendant United States and Plaintiffs Robyn Holloway and Sterling Holloway, by and
through their respective counsel, stipulate and respectfully request the below modifications to the
Court’s Pretrial Scheduling Order (Dkt 21) for good cause.
1.

The parties have been cooperative in the discovery and case management process.

2.

The parties respectfully request extending currently scheduled dates to permit the

STIPULATION AND ORDER TO TO MODIFY THE
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PRETRIAL SCHEDULING ORDER - Holloway v. U.S., No. 12-cv-2120 MCE-CKD

1 parties to complete fact discovery, conduct independent medical examinations, and complete
2 expert discovery.
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3.

The independent medical examination (“IME”) of Plaintiff Sterling Holloway

4 began on October 18, 2013, but was not completed due to Plaintiff’s schedule and transportation
5 issues. The parties were required to re-schedule Plaintiff Sterling Holloway’s IME.
6

4.

Defendant’s medical expert, Dr. Robert Asarnow, had to undergo an

7 unanticipated surgery in November 2013, which required the parties to re-schedule the IMEs for
8 both Plaintiffs and provide sufficient time for Dr. Asarnow to undergo and recuperate from
9 surgery.
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5.

The parties have recently re-scheduled Plaintiff Sterling Holloway’s IME and are

11 in the process of re-scheduling Plaintiff Robyn Holloway’s IME.
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6.

A defense witness whom Plaintiffs have noticed for deposition, Lyn Phillips, is

13 currently on medical leave and not available.
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7.

Due to a family member’s death, Plaintiff’s counsel was unavailable and will not

15 be available for a portion of January 2014.
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8.

The parties have contacted the Court’s courtroom deputy to identify possible trial

17 dates to assist with modifying the schedule as efficiently as possible. As a claim under the
18 Federal Tort Claims Act, this matter will be tried to the Court and the anticipated length of trial
19 is five days.
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9.

The Court previously granted the parties’ stipulated request to modify the

21 scheduling order. [Dkt 15] The parties have not previously requested continuing the trial date.
Current

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Proposed

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Discovery cutoff (fact):

December 20, 2013

February 21, 2014

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Initial expert disclosures:

January 24, 2014

March 21, 2014

Supplemental expert disclosures:

February 13, 2014

April 10, 2014

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Last day to file dispositive motions: March 20, 2014

May 1, 2014

Last day for dispositive motion hearing: May 15, 2014

June 26, 2014

STIPULATION AND ORDER TO TO MODIFY THE
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PRETRIAL SCHEDULING ORDER - Holloway v. U.S., No. 12-cv-2120 MCE-CKD

1

Joint Final Pretrial Conference Statement: June 19, 2014

August 7, 2014

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Last day to file evidentiary or
procedural motions:

June 19, 2014

August 7, 2014

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Last day to file trial briefs:

June 26, 2014

August 14, 2014

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Final Pretrial Conference:

July 10, 2014

August 28, 2014

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Trial (5 days, bench):

August 25, 2014

October 14, 2014

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8 Dated: December 9, 2013

Respectfully submitted,

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BENJAMIN B. WAGNER
United States Attorney

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By:

/s/ Chi Soo Kim
CHI SOO KIM
Assistant U.S. Attorney

By:

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/s/ John G. Bilheimer

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Dated: December 9, 2013

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JOHN G. BILHEIMER
Attorney for Plaintiffs Robyn Holloway and
Sterling Holloway

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ORDER

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The parties’ stipulated request to modify the scheduling order is GRANTED. The current

20 dates are VACATED, and a new pretrial scheduling order will issue in due course.
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IT IS SO ORDERED.

22 Dated: December 15, 2013
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STIPULATION AND ORDER TO TO MODIFY THE
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PRETRIAL SCHEDULING ORDER - Holloway v. U.S., No. 12-cv-2120 MCE-CKD