Stewart v. Cassidy

Filing 27

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/14/15 ORDERING that Defendant will be allowed to substitute a new expert by 04/30/15. Defendant will produce said expert promptly for immediate deposition. All parties shall have until 05/13 /15 to complete any law and motion matters regarding the discovery of this new expert. Final Pretrial Conference RESET to 5/27/2015 at 11:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney; Jury Trial RESET to 6/15/2015 at 09:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.(Benson, A)

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ADAMS & CORZINE
A Professional Corporation
DOUGLAS P. ADAMS, ESQ. SBN 114448
MICHAEL K. PAZDERNIK, ESQ. SBN 144337
740 Oak Avenue Parkway, Suite 120
Folsom, California 95630
[phone]
Attorneys for Defendant
KEVIN J. CASSIDY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No.: 2:14-cv-00326-CKD

COLLEEN STEWART,

ORDER RESTRUCTURING PRE-TRIAL
SCHEDULE DUE TO DEATH OF
ROBERT GILLIS, D.M.D.

v.

Assigned to Magistrate Judge:
Hon. Carolyn K. Delaney

KEVIN J. CASSIDY,

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Defendant
Complaint filed: January 31, 2014

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THE COURT, having considered the untimely death of defendant’s expert Robert Gillis,

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D.M.D. and the stipulation of the parties concerning the death of this expert and its effects on the

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upcoming trial, hereby accepts the stipulation, and good cause appearing, hereby renders the

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following:

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IT IS HEREBY ORDERED that:

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1. Defendant will be allowed to substitute a new expert in the place of Dr. Gillis. Such

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new expert will be designated and disclosed as per the Code of Civil Procedure for California, on

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or before April 30, 2015. Defendant will produce said expert promptly for immediate deposition.

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All parties shall have until, on or before, May 13, 2015 to complete any law and motion matters
regarding the discovery of this new expert.
2. As regards the effect of the death on Dr. Gillis on the trial, as Dr. Gillis had performed
an Independent Physical Examination and now cannot attend trial, in order to avoid the need for a

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-1STIPULATION AND ORDER ALLOWING DEFENDANT TO SUBSTITUTE
Case No. 2:14-CV-00326-GEB-CKD

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new examination, the parties have agreed that the fact that the new expert designated

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by defendant did not examine the plaintiff will not be asked by plaintiff for impeachment

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purposes. The Court acknowledges that the parties have reserved all rights to request the Court,

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at trial, to instruct the jury as to Dr. Gillis’ death (or any effects thereof) at trial as needed per the

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evidence presented at the trial.
3. The pretrial conference is continued to May 27, 2015 at 11:00 a.m. in courtroom no.

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24.
4. Trial is continued to June 15, 2015 at 9:00 a.m. in courtroom no. 24.

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Dated: April 14, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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-2STIPULATION AND ORDER ALLOWING DEFENDANT TO SUBSTITUTE
Case No. 2:14-CV-00326-GEB-CKD