Jones v. Kuppinger et al

Filing 160

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/14/18 EXTENDING the expert discovery deadline to 2/6/19 and EXTENDING the joint pretrial statement deadline to 3/6/19. (Coll, A)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12
HENRY A. JONES,

2:13-cv-00451 AC P

13
Plaintiff, STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES

14
v.
15
16

Judge:
Hon. Allison Claire
Trial Date:
None set
Action Filed: March 6, 2013

P. KUPPINGER, et al.,

17

Defendants.

18
19

Plaintiff Henry A. Jones and Defendants Kuppinger and Moore, by and through their

20

respective counsel, submit this stipulation and proposed order to extend the December 28, 2018

21

deadline to conduct expert discovery, and the January 25, 2019 joint pretrial statement deadline,

22

each by forty days.
1.

23

On August 21, 2018, the Court granted Plaintiff’s first ex parte motion to modify the

24

scheduling order and to reopen discovery. ECF No. 146. The Court ordered the parties to

25

disclose their experts by October 5, 2018; permitted expert discovery through November 30,

26

2018; and ordered the parties to file a joint pretrial statement by January 25, 2019. Id.

27

////

28

////
1
Stipulation and [Proposed] Order Extending Deadlines (2:13-cv-00451-AC (PC))

1

2.

Defendants served their expert disclosures and reports on October 3, 2015.

2

3.

On October 19, 2018, the Court granted Plaintiff’s second ex parte motion to further

3

modify the scheduling order. ECF No. 156. The Court ordered the parties to disclose their

4

experts by November 16, 2018; permitted expert discovery through December 28, 2018; and

5

maintained the January 25, 2019 deadline to file the joint pretrial statement.

6
7

4.

Plaintiff served expert disclosures on November 14, 2018. However, the disclosure

did not include any expert reports.

8

5.

On December 3, 2018, having not received Plaintiff’s expert reports, Defendants’

9

counsel emailed Plaintiff’s counsel to confirm whether Plaintiff’s expert reports were served.

10

The same day, Plaintiff’s counsel emailed a copy of an expert report by Leonard Vare dated

11

November 30, 2018.

12
13

6.

Due to the delay, and because of the upcoming holiday schedules, additional time is

needed in order to have sufficient time for the parties to conduct expert discovery.

14

7.

Accordingly, the parties stipulate and propose the expert discovery deadline be

15

extended by forty days to February 6, 2019, and the joint pretrial statement deadline be extended

16

by forty days to March 6, 2019.

17
18

8.

This is Defendants’ first request to modify these deadlines.

////

19
20

////

21
22

////

23
24

////

25
26

////

27
28

////
2
Stipulation and [Proposed] Order Extending Deadlines (2:13-cv-00451-AC (PC))

1

IT IS SO STIPULATED.

2

Dated: December 14, 2018

3
4

/s/ Chijoke Ikonte (as authorized on 12/14/2018)
Chijoke Ikonte
Akudinobi & Ikonte
Attorney for Plaintiff Henry Jones

5
6

Dated: December 14, 2018

7
8

XAVIER BECERRA
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General
/s/ David C. Goodwin
DAVID C. GOODWIN
Deputy Attorney General
Attorney for Defendants Kuppinger and Moore

9
10
11
12
13

IT IS SO ORDERED.
Dated: December 14, 2018

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation and [Proposed] Order Extending Deadlines (2:13-cv-00451-AC (PC))