Samuels v. Owens-Brockway Glass Container Inc.

Filing 23

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/14/2014 to further EXTEND Expert Disclosure Deadlines and to EXTEND discovery cut-off date. (Donati, J)

1 SANDRA J. COHEN, CA SB#. 85045
300 South First Street, Suite 320
2 San Jose CA 95113
408-975-0545
3
[e-mail]
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Attorney for Plaintiff ELIZABETH SAMUELS
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SCHIFF HARDIN LLP
6 Stephen M. Hankins (CSB #154886)
[e-mail]
7
Sarah D. Youngblood (CSB #244304)
8 [e-mail]
One Market Plaza, Spear Street Tower
9 Thirty-Second Floor
San Francisco, CA 94015
10 Telephone: [phone]
Facsimile: 415-901-8701
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12 Attorneys for Defendant
OWENS-BROCKWAY GLASS CONTAINER INC.
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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 FURTHER EXTEND
EXPERT DISCLOSURE DEADLINES
AND TO EXTEND DISCOVERY CUTOFF DATE
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.
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(3)

The initial expert disclosure deadline is currently August 22, 2014 and the rebuttal
2:13-CV-00713-GEG-DAD
1

STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND EXPERT DISCLOSURE DEADLINES AND
TO EXTEND DISCOVERY CUT-OFF DATE

1 expert disclosure deadline is currently September 12, 2014. See Docket No. 21.
2

(4)

This is a disability discrimination claim related to two workers’ compensation

3 claims. Both parties are relying upon the opinions of Howard Siu, M.D., the Panel Qualified
4 Medical Examiner in the underlying workers’ compensation matters. The California workers’
5 compensation rules forbid ex parte communication with Dr. Siu. Defense counsel has been
6 diligently attempting to schedule Dr. Siu’s deposition. The parties have been advised that Dr. Siu
7 has at least temporarily closed his practice to attend to his sick wife and it has not been possible to
8 schedule Dr. Siu’s deposition before August 22, 2014. Thus, the parties cannot comply with the
9 requirements of F.R.C.P. 26 by August 22, 2014.
10

(5)

The parties have met and conferred and agreed that a further extension of the

11 deadlines to exchange initial and expert disclosures would be in the best interest of each party and
12 that such extensions necessitate an extension of the discovery cut-off date.
13

Therefore, the parties have agreed to and propose a further extension of the initial expert

14 disclosure deadline from August 22, 2014 to September 22, 2014 and an extension of the rebuttal
15 expert disclosure deadline from September 12, 2014 to October 14, 2014. The parties further
16 propose an extension of the discovery cut-off date from October 14, 2014 to November 14, 2014
17 and request that this Court agree to such an extension of the discovery cut-off date.
18

IT IS SO STIPULATED.

19 Dated: August 12, 2014

SANDRA J. COHEN

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By: /s/ Sandra J. Cohen
Sandra J. Cohen
Attorneys for Plaintiff
ELIZABETH SAMUELS

23 Dated: August 12, 2014

SCHIFF HARDIN LLP

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By: /s/ Sarah D. Youngblood (approved 8/12/12)
Sarah D. Youngblood
Attorneys for Defendant
OWENS-BROCKWAY GLASS
CONTAINER INC.

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2:13-CV-00713-GEG-DAD
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STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND EXPERT DISCLOSURE DEADLINES AND
TO EXTEND DISCOVERY CUT-OFF DATE

1 PURSUANT TO STIPULATION, THE EXTENSIONS OF THE EXPERT DISCLOSURE
DEADLINES ARE SO ORDERED.
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GIVEN THE NECESSITY FOR AN EXTENSION OF THE DISCOVERY COMPLETION
3 DATE IN LIGHT OF THE NEW EXPERT DISCLOSURE DEADLINES, THE
DISCOVERY COMPLETION DATE IS EXTENDED TO NOVEMBER 14, 2014.
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Dated: August 14, 2014
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2:13-CV-00713-GEG-DAD
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STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND EXPERT DISCLOSURE DEADLINES AND
TO EXTEND DISCOVERY CUT-OFF DATE