Ramirez v. BNSF Railway Company, et al

Filing 26

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 3/27/2014 ORDERING that the Scheduling Order is AMENDED as follows: Initial expert disclosures due 5/22/2014 and any contradictory and/or rebuttal expert disclosure are due by June 22, 2014; Each party will now be permitted twelve (12) total fact witness depositions. (Zignago, K.)

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1 2 3 4 FLESHER McKAGUE LLP Jacob D. Flesher, SBN: 210565 Jason W. Schaff, SBN: 244285 193 Blue Ravine Road, Suite 265 Folsom, California 95630 Tele: 916/358-9042 Fax: 916/673-9672 5 6 Attorneys for Defendant BNSF Railway Company 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 GRACIELA RAMIREZ, Individually, as ) Successor in Interest of Decedent ALMA ) VIDRIO, and as Personal Representative of ) the ESTATE OF ALMA VIDRIO, ) ) Plaintiffs, ) ) vs. ) ) BNSF RAILWAY COMPANY, and AGUSTIN ) VIDRIO, ) ) Defendants. ) ) 20 CASE NO.: 2:13-CV-00968-GEB-DAD STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER Trial Date: March 17, 2015 Whereas, the parties originally agreed to limit each party to ten depositions of 21 fact witnesses, and the Court adopted that agreement in its pre-trial scheduling 22 order; 23 Whereas, the parties originally agreed to disclose expert witnesses by April 7, 24 2014, and the Court adopted that agreement in its pre-trial scheduling order; 25 Whereas, the parties have been unable to complete enough discovery to 26 sufficiently prepare their respective experts due to circumstances outside of their 27 control; 28 -1Stipulation to Amend Scheduling Order ___________________________________________________________________________________________________ 1 2 3 4 5 6 7 Whereas, additional witnesses have been identified through the course of discovery; Whereas, the inability to prepare experts and the identification of new witnesses presents good cause to amend the pre-trial scheduling order; Whereas, no party will be prejudice by the proposed amendments, The parties stipulate as follows: 1. With the consent of the Court, The Pre-Scheduling Order will be 8 amended to such that each party shall comply with Federal Rule of Civil Procedure 9 26(a)(2)(B) and (C)’s initial expert disclosure requirements on or before May 22, 2014, 10 and any contradictory and/or rebuttal expert disclosure authorized under Rule 11 26(a)(2)(D)(ii) on or before June 22, 2014; 12 2. With the consent of the Court, the parties agree to allow two (2) 13 additional fact witness depositions per side, such that each party will now be 14 permitted twelve (12) total fact witness depositions. 15 16 Dated: March 27, 2014 17 MARY ALEXANDER & ASSOCIATES /s/ MARY ALEXANDER _______________________________________________ MARY ALEXANDER Attorneys for Plaintiff 18 19 20 21 22 23 24 25 26 Dated: March 27, 2014 FLESHER McKAGUE LLP /s/ JASON W. SCHAFF _______________________________________________ JASON W. SCHAFF Attorneys for Defendant BNSF RAILWAY COMPANY 27 28 -2Stipulation to Amend Scheduling Order ___________________________________________________________________________________________________ 1 IT IS SO ORDERED: 2 Dated: March 27, 2014 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Stipulation to Amend Scheduling Order ___________________________________________________________________________________________________

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