Rogers v. National Railroad Passenger Corporation et al

Filing 41

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 4/29/2014 ORDERING that the 1/29/2014 Order of this Court is MODIFIED as follows: All discovery shall be completed by 10/1/2014. Motions to compel must be heard not later than 9/10/2 014. Initial expert disclosures shall be made on or before 10/31/2014; rebuttal expert disclosures on or before 11/30/2014. All pretrial motions, except motions to compel discovery, shall be completed as described herein on or before 1/2/2015. The final pretrial conference is set before the undersigned on 1/28/2015 at 10:00 a.m. in Courtroom No. 26. A jury trial is set to commence before the undersigned on 3/23/2015 at 9:00 a.m. in Courtroom No. 26. (Zignago, K.)

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1 2 3 4 5 Lisa M. Estabrook (Bar No. 167463) lestabrook@archernorris.com ARCHER NORRIS 301 University Avenue, Suite 110 Sacramento, CA 95825-5537 Telephone: 916.646.2480 Facsimile: 916.646.5696 Attorneys for Defendant and Third-Party Defendant SKYLINE SCAFFOLD, INC. 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 10 11 VIRGINIA ROGERS, 12 Plaintiff, 13 NATIONAL RAILROAD PASSENGER CORPORATION; DIEDE CONSTRUCTION, INC.; CITY OF SACRAMENTO, et al., STIPULATION MODIFYING PRETRIAL ORDER; AND ORDER v. 14 Case No. 2:13 CV-01932-AC 15 Trial: Dept. Judge: December 1, 2014 26 Allison Claire, Magistrate 16 Defendants. 17 18 19 TO ALL PARTIES, AND THEIR RESPECTIVE COUNSEL OF RECORD: 20 VIRGINIA ROGERS (hereinafter referred to as “plaintiff”), Defendant and Third-Party 21 Plaintiff DIEDE CONSTRUCTION (“DIEDE”), Defendant NATIONAL RAILROAD 22 PASSENGER CORPORATION (“AMTRAK”), Defendant CITY OF SACRAMENTO 23 (“CITY”), and Defendant and Third-Party Defendant SKYLINE SCAFFOLD, INC. 24 (“SKYLINE”) (collectively referred to as “the Parties”) hereby stipulate to a continuance of the 25 December 1, 2014 Trial date to March 23, 2015 at 9:00 a.m. in Department 26; and a 26 continuance of the October 29, 2014 Final Pretrial Conference date to January 28, 2015 at 27 10:00 a.m. in Department 26, or to further dates as the Court shall permit. The Parties further 28 stipulate to continue other dates set forth in this Court’s January 29, 2014 Order. Given the NIC710/1795964-1 STIPULATION MODIFYING PRETRIAL ORDER 2:13 CV-01932-AC 1 recent appearance of SKYLINE as a party to this action, the continuance is necessary to allow 2 time to conduct discovery and prepare for trial before the existing trial date and the pretrial 3 conference dates. 4 5 6 7 RECITALS WHEREAS, SKYLINE first appeared in this matter on March 28, 2014, after this Court issued its January 29, 2014 Order. WHEREAS the Parties agree a brief extension of the dates previously set by this Court 8 for trial, pretrial conference, discovery and law and motion will not prejudice any party and this 9 continuance is in the interests of justice; 10 WHEREAS, all parties agree to a continuance of the current Trial and Pretrial 11 Conference dates and other dates set forth in this Court’s January 29, 2014 Order; and 12 WHEREAS, a brief continuance will allow the parties time to properly conduct discovery 13 and pursue settlement negotiations or, alternatively, adequately prepare for trial should 14 settlement not be achieved. 15 16 STIPULATION IT IS STIPULATED between the Parties, by and through their respective counsel, that 17 the trial in this matter be continued from December 1, 2014 to March 23, 2015 or to a date 18 thereafter convenient to the Court, the parties, and their counsel. 19 IT IS STIPULATED between the Parties, by and through their respective counsel, that 20 the Pretrial Conference in this matter be continued from October 29, 2014 to January 28, 2015, 21 or to a date thereafter convenient to the Court, the parties, and their counsel. 22 23 24 25 26 27 IT IS FURTHER STIPULATED that the applicable discovery and motion cut-off dates will correspond with the new trial date as follows: 1. All discovery shall be completed by October 1, 2014. Motions to compel must be heard not later than September 10, 2014. 2. Initial expert disclosures shall be made on or before October 31, 2014; rebuttal expert disclosures on or before November 30, 2014. 28 NIC710/1795964-1 2 STIPULATION MODIFYING PRETRIAL ORDER 2:13 CV-01932-AC 1 2 3 3. All pretrial motions, except motions to compel discovery, shall be completed as described herein on or before January 2, 2015. IT IS FURTHER STIPULATED that this Stipulation may be executed in counterparts 4 and that carbon and/or facsimile copies of this stipulation may be treated as the original for 5 purposes of filing with the court or otherwise. 6 7 IT IS SO STIPULATED. Dated: _____________________, 2014 SHEPARD AND HAVEN, LLP 8 9 Kenneth B. Shepard Attorneys for Plaintiff VIRGINIA ROGERS 10 11 12 Dated: _____________________, 2014 LAW OFFICES OF SAMUEL GRADER 13 14 Samuel G. Grader Attorneys for Defendant and Third-Party Plaintiff DIEDE CONSTRUCTION, Defendant CITY OF SACRAMENTO 15 16 17 Dated: __April 28, 2014 LOMBARDI, LOPER & CONANT, LLP 18 19 /s/ B. Clyde Hutchinson B. Clyde Hutchinson Attorneys for Defendant NATIONAL RAILROAD PASSENGER CORPORATION also known as AMTRAK, 20 21 22 Dated: ____________________, 2014 ARCHER NORRIS 23 24 Lisa M. Estabrook Attorneys for Defendant and Third-Party Defendant SKYLINE SCAFFOLD, INC. 25 26 27 28 NIC710/1795964-1 3 STIPULATION MODIFYING PRETRIAL ORDER 2:13 CV-01932-AC 1 ORDER GRANTING CONTINUANCE OF TRIAL AND OTHER DATES 2 On proof being made to the satisfaction of this Court, and for good cause appearing 3 4 5 6 7 8 9 10 11 12 13 14 therefore; IT IS ORDERED that the Stipulation to continue trial pursuant to the Parties’ Stipulation is hereby approved and GRANTED. IT IS FURTHER ORDERED that pursuant to the stipulation of the Parties, the January 29, 2014 Order of this Court is modified as follows: 1. All discovery shall be completed by October 1, 2014. Motions to compel must be heard not later than September 10, 2014. 2. Initial expert disclosures shall be made on or before October 31, 2014; rebuttal expert disclosures on or before November 30, 2014. 3. All pretrial motions, except motions to compel discovery, shall be completed as described herein on or before January 2, 2015. 4. The final pretrial conference is set before the undersigned on January 28, 2015 at 15 10:00 a.m. in Courtroom No. 26. Pretrial statements shall be filed in accordance with Local Rules 16 281 and 282, and the requirements set forth herein. 17 18 5. A jury trial is set to commence before the undersigned on March 23, 2015 at 9:00 a.m. in Courtroom No. 26. 19 20 Date: April 29, 2014 21 22 23 24 25 26 27 28 NIC710/1795964-1 4 STIPULATION MODIFYING PRETRIAL ORDER 2:13 CV-01932-AC

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