McFarland v. Almond Board of California et al

Filing 57

STIPULATION and ORDER signed by Judge John A. Mendez on 6/20/14 ORDERING that the deadline for the parties to complete Discovery is CONTINUED to 10/13/14, and Expert Discovery to 1/15/15 as agreed upon and requested by the parties.(Mena-Sanchez, L)

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Galen T. Shimoda (Cal. State Bar No. 226752) 
Jennet F. Zapata (Cal. State Bar No. 277063) 
Shimoda Law Corp. 
9401 East Stockton Boulevard, Suite 200
Elk Grove, CA 95624 
Telephone: [phone] 
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff SUSI McFARLAND

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Howard A. Sagaser (Cal. State Bar No. 72492)
Ian B. Wieland (Cal. State Bar No. 285721)
Marcia Ann Ross (Cal. State Bar No. 160489)
7550 North Palm Ave., Suite 201
Fresno, CA 93711
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant ALMOND BOARD OF CALIFORNIA
Michael Baytosh (SBN 176189)
Prout LeVangie
2021 N St
Sacramento, CA 95811
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendant TIM BIRMINGHAM

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SUSI MCFARLAND,

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Plaintiff,
vs.

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ALMOND BOARD OF CALIFORNIA;
TIM BIRMINGHAM, an individual; and
DOES 1-100, inclusive,
Defendants.

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Case No. 2:12-CV-02778-JAM-CKD
STIPULATION AND ORDER
CONTINUING DEADLINE TO
COMPLETE ALL DISCOVERY

STIP AND PROPOSED ORDER TO CONT. DISCOVERY DEADLINE

Case No. 2:12-CV-02778-JAM-CKD

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WHEREAS the court issued a scheduling order (“order”) on or about May 16, 2013 (Doc.
30);

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WHEREAS, pursuant to the order, the last day for the parties to exchange expert witness

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information is July 11, 2014 and supplemental disclosures and disclosure of any rebuttal experts

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under Fed. R. Civ. P. 26(a)(2)(c) must be made be made by July 25, 2014;

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WHEREAS the last day for the parties to complete all discovery is September 12, 2014;
WHEREAS not later than fourteen (14) days prior to the close of discovery, the parties must
file a “Joint Mid-Litigation Statements” summarizing all law and motion practice heard by the court,
along with other information;

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WHEREAS all dispositive motions shall be filed by October 22, 2014 and hearing on such
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motions shall be on November 19, 2014 at 9:30 a.m.;
WHEREAS the final pre-trial conference is set for January 16, 2015 at 11:00 a.m.;
WHEREAS this matter is presently set for trial on February 23, 2015 at 9:00 a.m.;
WHEREAS the parties have actively litigated this matter, including propounding and
responding to written discovery, have taken depositions and have filed certain discovery motions;
WHEREAS the parties attended a private mediation before Judge Cecily Bond at JAMS on
June 5, 2014 but did not resolve this matter;

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WHEREAS the parties wish to take additional depositions;

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WHEREAS Plaintiff’s counsel will be unavailable during the month of July 2014 and

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Defendants have been on notice on such notice for a few months;

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WHEREAS the parties may discuss resolution after the taking of additional depositions;

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WHEREAS the parties wish to temporarily avoid incurring the expense of engaging in expert

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witness discovery, including depositions;
WHEREAS the parties have jointly agreed and stipulated to respectfully request that this
Court grant an extension of time for the parties to complete discovery, excluding expert discovery,
by October 13, 2014 and that the “Joint Mid-Litigation Statements” be filed fourteen (14) days prior
to this new deadline by which to complete discovery, or October 13, 2014;

STIP AND PROPOSED ORDER TO CONT. DISCOVERY DEADLINE

Case No. 2:12-CV-02778-JAM-CKD

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WHEREAS the parties have jointly agreed and stipulated to respectfully request that this

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Court grant an extension of time for the parties to complete expert discovery until after the filling

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and ruling on any dispositive motions (Oct. 22nd and Nov. 19, 2014), but before the final pre-trial

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conference set for January 16, 2015;

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WHEREAS the parties request the court grant an extension to exchange expert witness
information by December 10, 2014 and supplemental disclosures and disclosure of any rebuttal
experts under Fed. R. Civ. P. 26(a)(2)(c) by January 7, 2015, and all expert witness depositions
completed by January 15, 2015;

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WHEREAS this request is not being made for the purpose of causing delay or for any other

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improper purpose;
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WHEREAS continuing the above-referenced deadlines will not prejudice any party or their

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counsel; and
NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed by Plaintiff and

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Defendants, through their respective attorneys of record, that this court continue the deadline for the

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parties to complete discovery by October 13, 2014, as set forth above, and expert discovery by

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January 15, 2015, as agreed upon and requested by the parties.

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Date: June 20, 2014

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By:

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SHIMODA LAW CORP.

/s/ Galen T. Shimoda
Galen T. Shimoda
Attorneys for Plaintiff
SUSI McFARLAND

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STIP AND PROPOSED ORDER TO CONT. DISCOVERY DEADLINE

Case No. 2:12-CV-02778-JAM-CKD

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Date: June 19, 2014

SAGASER, WATKINS & WIELAND PC

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By:

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/s/ Howard A. Sagaser
Howard A. Sagaser
(Approved on 6/19/2014)
Marcia A. Ross
Ian B. Wieland
Attorneys for Defendant
ALMOND BOARD OF CALIFORNIA

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PROUT LEVANGIE

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Date: June 19, 2014

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By:

/s/ Michael Baytosh
Michael Baytosh
(Approved on 6/19/2014)
Attorney for Defendant
TIM BIRMINGHAM

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IT IS SO ORDERED.

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Dated: 6/20/2014

/s/ John A. Mendez____________
John A. Mendez
U.S. DISTRICT COURT JUDGE

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STIP AND PROPOSED ORDER TO CONT. DISCOVERY DEADLINE

Case No. 2:12-CV-02778-JAM-CKD

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