Samuels v. Owens-Brockway Glass Container Inc.

Filing 15

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 1/15/14 re: 14 EXTENDING Deadline to File FRCP 15(a) Motion to Amend Pleadings and Expert Disclosure Deadlines. (Meuleman, A)

1 SCHIFF HARDIN LLP
Stephen M. Hankins (CSB #154886)
2 [e-mail]
Sarah D. Youngblood (CSB #244304)
3
[e-mail]
4 One Market Plaza, Spear Street Tower
Thirty-Second Floor
5 San Francisco, CA 94015
Telephone: [phone]
6 Facsimile: 415-901-8701
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Attorneys for Defendant
8 OWENS-BROCKWAY GLASS CONTAINER INC.
9 SANDRA J. COHEN, CA SB#. 85045
300 South First Street, Suite 320
10 San Jose CA 95113
408-975-0545
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e-mail:[e-mail]
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Attorney for Plaintiff ELIZABETH SAMUELS
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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ELIZABETH SAMUELS,
Plaintiff,

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vs.
19 OWENS-BROCKWAY GLASS
CONTAINER, INC. and DOES I through V,
20
Defendants.
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CASE NO. 2:13-CV-00713-GEB-DAD
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE TO
FILE FRCP 15(a) MOTION TO AMEND
PLEADINGS AND EXPERT
DISCLOSURE DEADLINES
Judge: Honorable Garland E. Burrell

The parties, by and through their attorneys of record have met and conferred and agreed to

23 the following stipulation:
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(1)

On July 8, 2013, the Court entered its Pretrial Scheduling Order setting the

25 discovery and trial schedule in this matter. See Docket No. 11.
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(2)

Pursuant to this order, the close of fact discovery is not until October 14, 2014 and

27 trial is scheduled for May 19, 2015. Id. Also pursuant to this order, the parties’ last day to “file a
28 motion in which leave is sought under Federal Rule of Civil Procedure 15(a) to amend their
2:13-CV-00713-GEG-DAD
1
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE FRCP 15(a) MOTION TO
AMEND PLEADINGS AND EXPERT DISCLOSURE DEADLINES

1 pleadings in response to information obtained during discovery” was December 2, 2013. Id.
2 Additionally, this order requires the disclosure of expert witnesses by April 7, 2014 and the
3 disclosure of rebuttal expert witnesses by May 5, 2014. Id.
4

(3)

On October 22, 2013, pursuant to the parties’ stipulation, the Court entered an

5 order extending the deadline to file a motion to amend the pleadings to January 31, 2014. See
6 Docket No. 13.
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(4)

The parties have each served written discovery on each other and are in the process

8 of meeting and conferring regarding their respective responses. The parties have yet to conduct
9 any depositions in this case.
10

(5)

Given the current status of discovery in this case, the fact that the close of

11 discovery is not until October 14, 2014, and that the parties would like to complete as much
12 discovery as possible prior to the deadline to file motions to amend the pleadings, the parties have
13 met and conferred and agreed that a further extension of the parties’ deadline to file a motion to
14 amend the pleadings under FRCP 15(a) would be in the best interest of each party.
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(6)

Further, the parties have met and conferred on the issue of the expert disclosure

16 deadlines and, for similar reasons, have agreed that an extension of the deadlines to exchange
17 initial and expert disclosures would be in the best interest of each party.
18

Therefore, the parties have agreed to and propose an extension of the current deadline to

19 file a motion to amend the pleadings under FRCP 15(a) from its current date of January 31, 2014
20 to April 30, 2014. The parties have also agreed to and propose an extension of the initial expert
21 disclosure deadline from April 7, 2014 to July 8, 2014 and an extension of the rebuttal expert
22 disclosure deadline from May 5, 2014 to August 5, 2014.
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2:13-CV-00713-GEG-DAD
2
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE FRCP 15(a) MOTION TO
AMEND PLEADINGS AND EXPERT DISCLOSURE DEADLINES

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IT IS SO STIPULATED.

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3 Dated: January 14, 2014

SANDRA J. COHEN

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By: /s/ Sandra J. Cohen (approved 1/14/14)
Sandra J. Cohen
Attorneys for Plaintiff
ELIZABETH SAMUELS

7 Dated: January 14, 2014

SCHIFF HARDIN LLP

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8
By: /s/ Sarah D. Youngblood
Sarah D. Youngblood
Attorneys for Defendant
OWENS-BROCKWAY GLASS
CONTAINER INC.

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14 PURSUANT TO STIPULATION, IT IS SO ORDERED.
15 Dated: January 15, 2014
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2:13-CV-00713-GEG-DAD
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO FILE FRCP 15(a) MOTION TO
AMEND PLEADINGS AND EXPERT DISCLOSURE DEADLINES