Stewart v. Cassidy

Filing 115

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/2016 ORDERING that the depositions of Dr. Michael Gurney, plaintiff Colleen Stewart and defendant's expert witness Dr. Theodore Jacobson, limited to the issue of speci al damages incurred since the first trial of this matter, shall take place no later than 7/29/2016. Jury Trial is CONTINUED to 10/3/2016 at 09:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. All pre-trial dates, including th e date upon which to file the stipulation of special damages, are continued accordingly. The stipulation of special damages shall now be filed no later than 9/19/2016. The parties shall comply with the requirements for exhibits and objections thereto, as outlined in the final pretrial order at 9:10-21 and 10:11-16, and the requirements for further trial preparation, as outlined in the final pretrial order at 11:16-26, no later than 9/26/2016. (Zignago, K.)

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1 2 3 4 5 6 7 David Edward May (SBN 083734) Law Office of Bruce S. Osterman 2300 Contra Costa Blvd., Ste. 320 Pleasant Hill CA 94523-3952 (415) 399-3900 tel (415) 399-3920 fax dem@bruceosterman.com Attorneys for Plaintiff Colleen Stewart 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 Colleen Stewart, No. 2:14-CV-00326-CKD 12 13 Plaintiff, v. 14 Kevin J. Cassidy, Stipulation for Order Permitting Additional Discovery and Continuing Trial Date; [Proposed] Order thereon. 15 16 Defendant. 17 18 19 STIPULATION Pursuant to this honorable Court’s order dated October 26, 2015 (Docket No. 108): “No 20 21 later than May 23, 2016, the parties shall submit a stipulation regarding the amount of special 22 damages claimed by plaintiff,” the parties have met and conferred in an effort to comply. The 23 principle and largest element of special damages claimed by plaintiff is the cost of the full 24 mouth reconstruction that has been implemented by Dr. Michael Gurney starting the end of last 25 year, and which is expected to be completed in June of this year. 26 27 28 In order to evaluate this claim for the purposes of entering into the Court ordered stipulation of special damages, defendant needs to depose both Dr. Gurney regarding his Stipulation & Order - 1 1 2 3 4 5 6 7 8 treatment and charges, and plaintiff Colleen Stewart on the limited issue of special damages. Plaintiff agrees to allow these depositions, and wishes to depose Dr. Theodore Jacobson, defendant’s retained expert witness, regarding his response to Dr. Gurney’s new testimony. Accordingly, the parties hereby STIPULATE: 1. that this honorable Court permit the depositions of Dr. Gurney, plaintiff Colleen Stewart and defendant’s expert witness Dr. Jacobson regarding special damages incurred since the first trial of this matter; and 9 10 2. that the trial of this matter be continued to one of the following dates: 11 October 3, 2016, October 10, 2016 or November 7, 2016; 12 3. all pre-trial dates, including the date upon which to file the stipulation of special 13 damages, be continued accordingly. 14 Dated: May 6, 2016 Law Office of Bruce S. Osterman 15 16 __________________________________________ By David Edward May Attorneys for Plaintiff 17 18 19 Dated: May 6, 2016 Adams & Corzine, P.C. 20 21 22 Michael K. Pazdernik /s/ By Michael K. Pazdernik Attorneys for Defendant 23 24 25 26 27 28 Stipulation & Order - 2 . 1 2 ORDER Having read the foregoing Stipulation and for good cause shown, IT IS HEREBY 3 4 5 ORDERED that: 1. that the depositions of Dr. Michael Gurney, plaintiff Colleen Stewart and defendant’s 6 expert witness Dr. Theodore Jacobson, limited to the issue of special damages incurred since the 7 first trial of this matter, shall take place no later than July 29, 2016; and 8 2. that the jury trial of this matter be continued to October 3, 2016 at 9:00 a.m. in 9 10 11 12 13 courtroom no. 24; 3. all pre-trial dates, including the date upon which to file the stipulation of special damages, be continued accordingly. The stipulation of special damages shall now be filed no later than September 19, 2016. The parties shall comply with the requirements for exhibits and 14 objections thereto, as outlined in the final pretrial order at 9:10-21 and 10:11-16, and the 15 16 requirements for further trial preparation, as outlined in the final pretrial order at 11:16-26, no 17 later than September 26, 2016. 18 Dated: May 10, 2016 19 20 21 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 Stipulation & Order - 3

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