Palacio, et al v. United States of America

Filing 40

STIPULATION AND ORDER signed by Judge John A. Mendez on 10/7/14 GRANTING the request for the Court modify the scheduling order to allow expert discovery to continue until December 15, 2014. (Becknal, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 VICTORIA L. BOESCH
CHI SOO KIM
3 Assistant United States Attorney
501 I Street, Suite 10-100
4 Sacramento, CA 95814
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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I. P., a minor, by and through her guardian ad
litem, FAGUNDOPALACIO DIAZ,
MICAELA PALACIO,
FACUNDO PALACIO DIAZ,

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Plaintiffs,
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BANNER HEALTH, an Arizona corporation,
doing business as BANNER LASSEN
MEDICAL CENTER, et al.

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Defendants.
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BANNER HEALTH, an Arizona corporation,
doing business as BANNER LASSEN
MEDICAL CENTER et al.

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Cross-Complainant,

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vs.

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PAUL C. DAVAINIS, M.D., and
ROES 100- 200,
Cross-Defendants.

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STIP & [PROPOSED] ORDER RE
EXPERT DISCOVERY EXTENSION

CASE NO. 2:13-CV-01012 JAM-CKD
STIPULATION AND ORDER MODIFYING
SCHEDULING ORDER TO EXTEND TIME
FOR EXPERT DISCOVERY

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Plaintiffs I.P., Facundo Palacio Diaz, and Micaela Palacio, and Defendants the United States

2 and Banner Health respectfully submit this stipulation and proposed order modifying the scheduling
3 order to allow expert discovery in this case to continue past the current November 5, 2014 discovery
4 cut off. Good cause exists for such modification because the parties have diligently worked to
5 schedule depositions for the 32 experts in this complex medical malpractice case following
6 supplemental reports disclosed on September 5, 2014. Despite these efforts, certain depositions
7 remain unscheduled because dates before November 5, 2014 on which both the expert and the
8 attorneys are available could not be found. Several depositions also remain unscheduled because the
9 experts’ opinions are subject to motions to exclude that will be heard on October 29, 2014. The
10 parties therefore respectfully request that the Court modify the scheduling order to allow expert
11 discovery to continue until December 15, 2014.
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Thus far, three expert depositions have been taken and 15 are scheduled on or before

13 November 5. The parties propose to schedule the remaining expert depositions (to the degree motion
14 rulings do not render some such depositions unnecessary) during the November 6 through December
15 15 timeframe. Modifying the scheduling order to allow this will not affect the May 2015 trial date, as
16 the December 15, 2014 proposed cut off is two weeks before dispositive motions are due on
17 December 31, 2014. The proposed extension will render the parties’ joint mid-litigation statement due
18 on December 1, 2014.
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Respectfully submitted,

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BENJAMIN B. WAGNER
United States Attorney

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22 Dated: October 7, 2014

/s/Victoria L. Boesch
VICTORIA L. BOESCH
Assistant United States Attorney

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Attorneys for Defendant
United States of America

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26 Dated: October 7, 2014

/s/ Thomas Doyle (authorized 10/7/14)
THOMAS DOYLE
SCHUERING ZIMMERMAN & DOYLE

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STIP & [PROPOSED] ORDER RE
EXPERT DISCOVERY EXTENSION

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Attorneys for Defendant
Banner Health

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3 Dated: October 7, 2014

/s/Bruce G. Fagel (authorized 10/7/14)
BRUCE G. FAGEL
LAW OFFICES OF BRUCE G. FAGEL
& ASSOCIATES

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Attorneys for Plaintiffs
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IT IS SO ORDERED.

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DATED: 10/7/2014

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/s/ John A. Mendez________________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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STIP & [PROPOSED] ORDER RE
EXPERT DISCOVERY EXTENSION

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