Anderson v. Peninsula Fire District et al

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/11/2015 ORDERING that the discovery cutoff off date is hereby changed to 8/3/2015. It is further ordered that the expert witness disclosure deadline is hereby changed to 10/23/2015. (Zignago, K.)

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1 2 3 4 5 6 7 8 James K. Ward, Esq. (SBN 117639) Daniel P. Jay, Esq. (SBN 215860) EVANS, WIECKOWSKI & WARD, LLP 745 University Avenue Sacramento, CA 95825 Telephone: (916)923-1600 Facsimile: (916)923-1616 Attorneys for Defendants Peninsula Fire District, Public Entity; Robert Phillips, Public Entity Employee; and Gary Pini, Public Entity Employee 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 CALEB ANDERSON, 12 13 14 15 16 17 18 19 ) ) Plaintiff, ) ) vs. ) ) PENINSULA FIRE DISTRICT, ROBERT ) PHILLIPS; GARY PINI and DOES 1 through ) 50, ) ) Defendants. ) ) ) ) Case No. 2:13-CV-01736-TLN-CMK STIPULATION AND DECLARATION; ORDER RE DISCOVERY CUTOFF AND EXPERT DISCLOSURE DEADLINE 20 21 22 IT IS HEREBY STIPULATED by Plaintiff, CALEB ANDERSON, by and through his attorneys, and Defendants PENINSULA FIRE DISTRICT, GARY PINI and ROBERT 23 24 PHILLIPS, by and through their attorneys, that the March 26, 2015 discovery cut-off date set 25 forth in the Court’s August 14, 2014 pretrial scheduling order be continued to August 8, 2015 in 26 order to allow the parties sufficient time to complete depositions and written follow-up discovery 27 in this matter. The parties also stipulate that the May 28, 2015 disclosure of expert witnesses 28 deadline be continued to October 23, 2015 in order to allow the parties to have their dispositive STIPULATION AND ORDER - 1 1 2 motions heard before they needlessly spend money retaining experts and preparing expert witness reports. This stipulation is based upon the following facts which the parties submit show 3 4 good cause to adjust the pretrial scheduling order: 1. 5 6 That on August 8, 2014 the Court established a non-expert discovery cut-off date of March 26, 2015. 7 2. Since the initiation of this case the parties have engaged in extensive written 8 discovery including exchanges of written special interrogatories and requests for production of 9 10 documents. The parties have also taken the depositions of the Plaintiff and Defendants Gary Pini 11 and Robert Phillips. As a result, it is submitted that the parties have been diligent in regard to 12 discovery in this matter. 13 3. Despite the diligence of the parties, the parties have found that a significant 14 amount of discovery still needs to be completed in order for the parties to gather all the available 15 16 facts; evaluate the merits of the case; prepare dispositive motions; and to possibly explore 17 resolution of this case. For example, the parties are still trying to depose Patrick Cockrane who 18 works for the State of California OSHA Enforcement Division and Debbie Harris who works for 19 the NorCal EMS Authority. The testimony of these two witnesses is critical to both sides of this 20 21 case. Yet, despite reasonably diligent efforts, the parties have been unable to secure the 22 depositions of these two individuals because they have been unable to serve one witness and 23 there have been scheduling issues for the other. The parties expect that the deposition testimony 24 of these Mr. Cockrane and Ms. Harris will reveal other possible witnesses who will need to be 25 deposed. Follow up written discover and subpoenas will also likely result from these 26 27 depositions. 28 STIPULATION AND ORDER - 2 1 2 4. That on August 8, 2014 the Court established an expert witness disclosure deadline of May 28, 2015. 3 5. 4 Since the date of the Court’s August 8, 2014 pretrial scheduling order, the parties 5 have met and conferred regarding the disclosure of expert witnesses and have come to the 6 conclusion that it would save both parties significant amounts of money if experts were disclosed 7 after this Court hears the parties’ dispositive motions. Such an arrangement would likely narrow 8 the type of experts necessary and also narrow the scope of expert testimony, if experts are even 9 10 necessary after dispositive motions are heard. 6. 11 Based upon the foregoing, the parties submit that good cause exists to continue 12 the discovery cutoff to August 3, 2015 because the above-described witnesses are crucial to both 13 parties’ preparation of their case; because an amendment to the scheduling order will cause no 14 prejudice to either party since both parties have agreed to the continuance; and because the 15 16 adjustment of the discovery cutoff will not affect the other dates set by this Court and the trial 17 date will not need to be continued. Furthermore, the parties submit that good cause exists to 18 adjust the expert witness disclosure deadline to October 23, 2015, a date after the current 19 dispositive motion deadline of September 24, 2015, so that the parties can possibly save money 20 21 by retaining fewer experts depending on how the Court rules on dispositive motions. 22 7. 23 IT IS SO STIPULATED. 24 25 That the parties agree that this stipulation is valid under Local Rule 143. \\ \\ 26 27 28 \\ \\ STIPULATION AND ORDER - 3 1 Dated: March 6, 2015 EVANS, WIECKOWSKI & WARD, LLP 2 /s/ Daniel Jay ___________________________________ JAMES K. WARD DANIEL JAY Attorneys for Defendants PENINSULA FIRE DISTRICT, GARY PINI and ROBERT PHILLIPS 3 4 5 6 7 8 9 Dated: March 6, 2015 10 LAW OFFICES OF LARRY L. BAUMBACH /s/ Larry L. Baumbach ___________________________________ LARRY L. BAUMBACH Attorney for Plaintiff CALEB ANDERSON 11 12 13 14 15 16 DECLARATION OF DANIEL JAY I, Daniel Jay, do hereby declare and say the following: 17 1. I am one of the attorneys of record for the Defendants in the above-entitled action. 18 19 I have prepared this Declaration as evidence in support of the parties’ stipulation and request to 20 this Court to continue the discovery cutoff date to August 3, 2015 and the expert witness 21 disclosure deadline to October 23, 2015. The facts stated in the stipulation set forth above are 22 true and correct and based upon my personal knowledge. 23 24 I declare under the penalty of perjury under the laws of the United States of America that 25 the facts stated above in the stipulation of the parties is true and correct. This Declaration was 26 executed on March 6, 2015 in Sacramento, California. 27 28 /s/ Daniel Jay _____________________________ STIPULATION AND ORDER - 4 1 2 DECLARATION OF LARRY L. BAUMBACH I, Larry L. Baumbach, do hereby declare and say the following: 3 4 1. I am the attorney of record for Plaintiff in the above-entitled action. I have 5 prepared this Declaration as evidence in support of the parties’ stipulation and request to this 6 Court to continue the discovery cutoff date to August 3, 2015 and the expert witness disclosure 7 deadline to October 23, 2015. The facts stated in the stipulation set forth above are true and 8 correct and based upon my personal knowledge. 9 10 I declare under the penalty of perjury under the laws of the United States of America that 11 the facts stated above in the stipulation of the parties is true and correct. This Declaration was 12 executed on March 6, 2015 in Chico, California. 13 /s/ Larry L. Baumbach _____________________________ 14 15 16 ORDER 17 Based upon the stipulation of the parties and good cause appearing, the Court orders that 18 19 20 21 22 the discovery cutoff off date is hereby changed to August 3, 2015. It is further ordered that the expert witness disclosure deadline is hereby changed to October 23, 2015. IT IS SO ORDERED. Dated: March 11, 2015 23 24 25 Troy L. Nunley United States District Judge 26 27 28 STIPULATION AND ORDER - 5

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