Valerio v. Compass Bank

Filing 45

STIPULATION AND ORDER signed by Judge John A. Mendez on 12/16/2015 ORDERING that experts be disclosed by 7/18/2016; ORDERING that rebuttal experts be disclosed by 8/18/2016; ORDERING that discovery be completed by 10/28/2016; ORDERING that dispositiv e motions be filed by 12/27/2016 and that such motions be noticed for hearing on 1/24/2017 at 01:30 PM; ORDERING the parties to file a joint pretrial statement by 3/10/2017; CONTINUING the Final Pretrial Conference to 3/17/2017 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; CONTINUING the Jury Trial to 4/24/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Michel, G.)

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GAVRILOV & BROOKS
J. EDWARD BROOKS (SBN 247767)
CECILIA L. MARTIN (SBN 301027)
2315 Capitol Avenue
Sacramento, California 95816
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
GLORIA VALERIO
JACKSON LEWIS P.C.
CAROLYN G. BURNETTE (SBN 191294)
DOUGLAS M. EGBERT (SBN 265062)
801 K Street, Suite 2300
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
COMPASS BANK

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Case 2:14-CV-00741-JAM-KJN

GLORIA VALERIO,

JOINT STIPULATION AND ORDER
TO CONTINUE TRIAL AND TRIALRELATED DATES

Plaintiff,

v.
COMPASS BANK; and DOES 1-50,
inclusive,

Complaint Filed:
Trial Date:

01/31/14
08/29/16

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES

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GLORIA VALERIO (“Plaintiff”) and COMPASS BANK (“Defendant”) (collectively,
“the Parties”), by and through their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, the Court granted Plaintiff’s prior counsel’s petition to withdraw as counsel
on or about September 9, 2015 (Doc # 27, 29);

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WHEREAS, the Court ordered the matter stayed until October 1, 2015 to give Plaintiff the
opportunity to obtain new counsel (Doc # 27, 29);

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WHEREAS, the Court continued the stay until October 31, 2015 in response to Plaintiff’s
request for an extension of the stay (Doc # 30, 31);

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WHEREAS, the Court continued all dates and deadlines in the case by 60 days given the
continued stay (Doc # 34);

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WHEREAS, the stay was lifted on October 31, 2015 (Doc # 37);

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WHEREAS, Plaintiff obtained new counsel on or about December 3, 2015, which new

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counsel were substituted in as counsel of record with the Court on or about December 7, 2015

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(Doc. # 38, 39, 40);

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WHEREAS, Plaintiff’s new counsel requires time to become familiar with the
voluminous case file for this matter;

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WHEREAS, the Parties are meeting and conferring regarding the completion of Plaintiff’s
deposition;

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WHEREAS, the Parties are meeting and conferring regarding the independent medical
examination (“IME”) of Plaintiff;

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WHEREAS, the doctor performing the IME does not have availability until March 2,
2016;

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WHEREAS, the Parties anticipate further discovery in this case, both written discovery

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and depositions;

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES

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WHEREAS, the current dates and deadlines in this matter are as follows:

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

Expert Disclosure:

January 19, 2016

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Rebuttal Expert Disclosure:

February 19, 2016

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Discovery Cutoff:

April 29, 2016

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Dispositive Motion Filing Deadline:

June 20, 2016

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Noticed Hearing on Dispositive Motions:

July 18, 2016 at 9:30am

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Joint Pretrial Statement:

September 6, 2016

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Final Pretrial Conference:

September 13, 2016 at 10:00am

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Jury Trial:

October 28, 2016 at 9:00am

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WHEREAS, the Parties will be irreparably harmed and prejudiced without a continuance

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of the above dates because additional time is needed to complete discovery, including Plaintiff’s

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deposition and IME, and to file motions for summary judgment and/or adjudication, if needed;

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WHEREAS, the Parties agree and stipulate that the relief requested by this stipulation
should cause fair, efficient and just administration of the instant matter;
WHEREAS, the Parties agree and stipulate that no parties will be prejudiced by the
requested continuance;
WHEREAS, the Parties agree and stipulate that this stipulation may be executed in

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counterparts, and that a facsimile copy of this stipulation shall be deemed effective for all

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purposes hereto;

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IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES HERETO,

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THROUGH THEIR RESPECTIVE COUNSEL, THAT ALL DATES SHOULD BE

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CONTINUED SIX MONTHS. THE PARTIES PROPOSE THE FOLLOWING DATES

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FOR THE COURT’S CONSIDERATION:

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

Expert Disclosure:

July 18, 2016

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

Rebuttal Expert Disclosure:

August 18, 2016

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

Discovery Cutoff:

October 28, 2016

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

Dispositive Motion Filing Deadline:

December 19, 2017

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

Noticed Hearing on Dispositive Motions:

January 16, 2017 at 9:30am

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES

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

Joint Pretrial Statement:

March 7, 2017

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Final Pretrial Conference:

March 14, 2017 at 10:00am

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Jury Trial:

April 28, 2017 at 9:00am

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GAVRILOV & BROOKS

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Dated: December ___, 2015

By

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J. Edward Brooks
Cecilia L. Martin

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Attorneys for Plaintiff
GLORIA VALERIO

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JACKSON LEWIS P.C.

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Dated: December ___, 2015

By

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Carolyn G. Burnette
Douglas M. Egbert
Attorneys for Defendant
COMPASS BANK

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES

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ORDER (AS MODIFIED BY THE COURT)
Based upon the foregoing stipulation of the Parties, and good cause appearing therefor, IT
IS HEREBY ORDERED AS FOLLOWS:
All current dates and deadlines are vacated and continued, as follows:

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1. Expert Disclosure:

July 18, 2016

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2. Rebuttal Expert Disclosure:

August 18, 2016

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3. Discovery Cutoff:

October 28, 2016

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4. Dispositive Motion Filing Deadline:

December 27, 2016

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5. Noticed Hearing on Dispositive Motions:

January 24, 2017 at 1:30 P.M.

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6. Joint Pretrial Statement:

March 10, 2017

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7. Final Pretrial Conference:

March 17, 2017 at 10:00am

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8. Jury Trial:

April 24, 2017 at 9:00am

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Dated: 12/16/2015

/s/ John A. Mendez_______________
HON. JOHN A. MENDEZ
JUDGE OF THE DISTRICT COURT

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4840-9720-8620, v. 1

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES