Valerio v. Compass Bank
Filing
16
STIPULATION AND ORDER signed by Judge John A. Mendez on 5/22/2015 MODIFYING 12 Amended Status (Pretrial Scheduling) Order, 14 Minute Order; ORDERING that expert disclosure be completed by 11/20/2015, that rebuttal expert disclosure be comp leted by 12/21/2015, that discovery be completed by 2/29/2016, that dispositive motions be filed by 4/20/2016, that the hearing on such motions be held on 5/18/2016 at 09:30 AM, and that the joint pretrial statement be fil ed by 7/8/2016; SETTING the Final Pretrial Conference for 7/15/2016 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; SETTING the Jury Trial for 8/29/2016 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Michel, G.)
1
2
3
4
5
6
7
8
9
10
BOHM LAW GROUP
4600 NORTHGATE BOULEVARD, SUITE 210
SACRAMENTO, CALIFORNIA 95834
11
12
13
Lawrance A. Bohm (SBN 208716)
Victoria L. Baiza (SBN 282715)
BOHM LAW GROUP
4600 Northgate Boulevard, Suite 210
Sacramento, California 95834
Telephone:
(916) 927-5574
Facsimile:
(916) 927-2046
Email: lbohm@bohmlaw.com
victoria@bohmlaw.com
Attorneys for Plaintiff
GLORIA VALERIO
Carolyn G. Burnette (SBN 191294)
Jerry J. Deschler Jr. (SBN 215691)
JACKSON LEWIS P.C.
801 K Street, Suite 2300
Sacramento, California 95814
Telephone:
(916) 341-0404
Facsimile:
(916) 341-0141
Email: burnettec@jacksonlewis.com
deschlej@jacksonlewis.com
14
15
Attorneys for Defendant
COMPASS BANK
16
17
UNITED STATES DISTRICT COURT
18
EASTERN DISTRICT OF CALIFORNIA
19
20
21
Case No: 2:14-CV-00741-JAM-KJN
GLORIA VALERIO,
Plaintiff,
22
23
24
STIPULATION TO MODIFY AMENDED
STATUS (PRE-TRIAL SCHEDULING)
ORDER AND MINUTE ORDER;
ORDER
v.
COMPASS BANK; and DOES 1through 50,
inclusive,
25
26
Defendants.
27
28
1
STIPULATION TO MODIFY AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER AND MINUTE ORDER;
[PROPOSED] ORDER
Valerio v. Compass Bank
Case No.: 2:14-CV-00741-JAM-KJN
1
Gloria Valerio (“Plaintiff”) and Compass Bank (“Defendant”) (collectively, “the
2
Parties”) jointly submit this Stipulation to Modify Amended Status (Pre-Trial Scheduling) Order
3
and Minute Order, and [Proposed] Order (“Stipulation”). For the reasons set forth below and
4
good cause showing, the Parties request that the Court continue the trial and pre-trial deadlines
5
set forth in this Court’s Amended Status (Pre-Trial Scheduling) Order (Doc. 12) and subsequent
6
Minute Order (Doc. 14) for a period of six months as specifically stipulated below.
7
I.
8
DEFENDANT’S SUMMARY OF RELEVANT FACTS SHOWING GOOD
CAUSE FOR A CONTINUANCE
9
Defendant is submitting a separate Declaration of Jerry J. Deschler Jr. setting forth facts
Defendants believe demonstrate that Defendant has been diligent in complying with all
11
BOHM LAW GROUP
4600 NORTHGATE BOULEVARD, SUITE 210
SACRAMENTO, CALIFORNIA 95834
10
deadlines, and that good cause exists for continuing deadlines. Defendant contends that
12
Plaintiff has acted in such a way that has caused unnecessary delay and prejudice. Plaintiff does
13
not join in Defendant’s Declaration.
14
II.
15
JOINT RECITALS SHOWING GOOD CAUSE TO GRANT THE REQUESTED
CONTINUANCE
WHEREAS, this Court issued its Amended Status (Pre-Trial Scheduling) Order
16
17
18
19
20
21
(Doc. 12) on September 3, 2014.
WHEREAS, the parties filed with this Court a Joint Objection to the Amended
Scheduling Order (Doc. 13) on September 10, 2014.
WHEREAS, this Court entered a Minute Order on September 10, 2014, sustaining the
parties Joint Objection (Doc. 14), which established the following deadlines:
22
Expert Disclosure:
May 22, 2015
23
Rebuttal Expert Disclosure:
June 26, 2015
24
Discovery Cutoff:
August 28, 2015
25
Dispositive Motions:
October 7, 2015
26
Noticed Hearing on Dispositive Motions:
November 4, 2015
27
Joint Pretrial Statement:
January 8, 2016
28
2
STIPULATION TO MODIFY AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER AND MINUTE ORDER;
[PROPOSED] ORDER
Valerio v. Compass Bank
Case No.: 2:14-CV-00741-JAM-KJN
1
Final Pretrial Conference:
January 15, 2016
2
Jury Trial:
February 29, 2016
3
WHEREAS, Defendant conducted Plaintiff’s deposition on February 3, 2015 and
4
February 4, 2015 by mutual agreement of the Parties. And, due to multiple extended breaks by
5
Plaintiff, Plaintiff’s need for an interpreter, and other factors, Plaintiff did not complete her
6
deposition.
7
WHEREAS, the Parties agreed to complete Plaintiff’s deposition on a mutually
8
agreeable date thereafter, and Defendant began its attempts to schedule the session in February
9
2015. These good faith efforts continued into early March 2015.
10
WHEREAS, Plaintiff subsequently claimed she was medically unable to complete her
BOHM LAW GROUP
4600 NORTHGATE BOULEVARD, SUITE 210
SACRAMENTO, CALIFORNIA 95834
11
deposition until some unknown date in the future, but has not produced a note from a physician
12
stating: (1) she cannot be deposed for medical reasons, and (2) when she will be medically
13
capable of appearing.
14
WHEREAS, The Parties mutually agreed that Plaintiff would submit to a mental
15
examination on April 21, 2015 to be evaluated by several of Defendant’s retained expert
16
witnesses.
17
18
WHEREAS, Plaintiff substantially delayed the start of the mental examination by
appearing, but initially refusing to be examined.
19
WHEREAS, Plaintiff left the mental examination for a break after a short session with
20
Defendant’s retained experts, overmedicated herself and rendered herself medically unable to
21
complete the mental examination.
22
23
WHEREAS, Plaintiff’s conduct at the mental examination resulted in Defendant’s
inability to complete its expert witness disclosures.
24
WHEREAS, immediately after Plaintiff’s incomplete mental examination, Defendant
25
prepared to file motions to compel the completion of her deposition and mental examination.
26
However, Defendant ceased these efforts because the Parties were engaged in ongoing
27
28
3
STIPULATION TO MODIFY AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER AND MINUTE ORDER;
[PROPOSED] ORDER
Valerio v. Compass Bank
Case No.: 2:14-CV-00741-JAM-KJN
1
settlement discussions in lieu of pursuing further litigation, and it appeared the Parties had
2
reached settlement terms that were expected to be agreed upon and memorialized in writing.
3
4
WHEREAS the Parties reached terms that were expected to be agreed upon, only to
have Plaintiff “change her mind” and refuse to follow through.
5
WHEREAS, through no fault of Defendant, settlement was not obtainable.
6
WHEREAS, Plaintiff’s counsel intends to file a Motion to Withdraw as Counsel, with a
7
hearing tentatively set for July 1, 2015.
8
9
WHEREAS, Plaintiff claims she will need, at minimum, two months to find new
counsel for her civil case.
10
BOHM LAW GROUP
4600 NORTHGATE BOULEVARD, SUITE 210
SACRAMENTO, CALIFORNIA 95834
11
WHEREAS, the Parties will be unable to complete discovery or meet the expert
disclosure cutoffs.
12
WHEREAS, the Parties agree that it would be in their collective best interests to extend
13
the deadlines specified in the Amended Status (Pre-Trial Scheduling) Order and Minute Order,
14
which are set forth above for the Court’s reference.
15
III.
16
REQUESTED RELIEF
Good cause having been shown, the Parties hereby request that the Court issue a new
17
scheduling order setting the trial/pre-trial dates as set forth in the stipulation below. This
18
additional time will permit Plaintiff to obtain new counsel, and permit Defendant to complete
19
discovery and expert reports/disclosures.
20
IV.
21
STIPULATION
WHEREFORE, IT IS STIPULATED AND AGREED BY AND BETWEEN
22
PLAINTIFF AND DEFENDANT THAT THE NEW SCHEDULING ORDER SHALL BE AS
23
FOLLOWS:
24
Expert Disclosure:
November 20, 2015
25
Rebuttal Expert Disclosure:
December 21, 2015
26
Discovery Cutoff:
February 29, 2016
27
Dispositive Motion Filing Deadline:
April 15, 2016
28
4
STIPULATION TO MODIFY AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER AND MINUTE ORDER;
[PROPOSED] ORDER
Valerio v. Compass Bank
Case No.: 2:14-CV-00741-JAM-KJN
1
Noticed Hearing on Dispositive Motions:
May 11, 2016
2
Joint Pretrial Statement:
July 8, 2016
3
Final Pretrial Conference:
July 15, 2016
4
Jury Trial:
August 29, 2016
5
6
IT IS SO STIPULATED.
7
8
Dated: May 21, 2015
9
By:/s/ Victoria L. Baiza (as authorized on 5/21/2015)
LAWRANCE A. BOHM
VICTORIA L. BAIZA
Attorneys for Plaintiff
GLORIA VALERIO
10
11
BOHM LAW GROUP
4600 NORTHGATE BOULEVARD, SUITE 210
SACRAMENTO, CALIFORNIA 95834
BOHM LAW GROUP
12
13
14
15
16
17
18
Dated: May 21, 2015
JACKSON LEWIS P.C.
By: /s/ Jerry J. Deschler Jr.
CAROLYN G. BURNETTE
JERRY J. DESCHLER JR.
Attorneys for Defendant
COMPASS BANK
19
20
21
22
23
24
25
26
27
28
5
STIPULATION TO MODIFY AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER AND MINUTE ORDER;
[PROPOSED] ORDER
Valerio v. Compass Bank
Case No.: 2:14-CV-00741-JAM-KJN
1
2
3
4
ORDER (AS MODIFIED BY THE COURT)
Having reviewed the Parties’ stipulation, and good cause appearing therefore,
IT IS HEREBY ORDERED:
The Court shall issue a new Scheduling Order as follows:
Expert Disclosure:
November 20, 2015
6
Rebuttal Expert Disclosure:
December 21, 2015
7
Discovery Cutoff:
February 29, 2016
8
Dispositive Motion Filing Deadline:
April 20, 2016
9
Noticed Hearing on Dispositive Motions:
May 18, 2016 at 9:30 a.m.
10
Joint Pretrial Statement:
July 8, 2016
11
BOHM LAW GROUP
4600 NORTHGATE BOULEVARD, SUITE 210
SACRAMENTO, CALIFORNIA 95834
5
Final Pretrial Conference:
July 15, 2016 at 10:00 a.m.
12
Jury Trial:
August 29, 2016 at 9:00 a.m.
13
Dated: May 22, 2015
14
/s/ John A. Mendez_____________
JOHN A. MENDEZ
United States District Court Judge
15
16
17
18
4823-0054-7620, v. 3
19
20
21
22
23
24
25
26
27
28
6
STIPULATION TO MODIFY AMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER AND MINUTE ORDER;
[PROPOSED] ORDER
Valerio v. Compass Bank
Case No.: 2:14-CV-00741-JAM-KJN
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?