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.)

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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

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