E.R. v. Sutter Davis Hospital et al

Filing 36

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/20/2016 ORDERING that the deadline for rebuttal expert disclosures is EXTENDED to 7/11/2016. (Zignago, K.)

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Linda Fermoyle Rice, Esquire (State Bar No. 86688)
RICE & BLOOMFIELD, LLP
16133 Ventura Boulevard, Suite 1180
Encino, California 91436-2416
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff,
E. R., a minor, by and through his
Guardian ad Litem, Carolyn Young

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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E. R., a minor, by and through his
Guardian ad Litem, Carolyn Young,

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Plaintiff,

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vs.

STIPULATION AND [PROPOSED] ORDER
REGARDING EXTENSION OF REBUTTAL
EXPERT DISCLOSURE DEADLINE

SUTTER DAVIS HOSPITAL, SUTTER
WEST WOMEN=S HEALTH, SUSAN
MAAYAH, M.D., and DOES 1 to 100,
inclusive,
Defendants.

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CASE NO: 2:14-2053 WBS CKD

AND RELATED CLAIMS.

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THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD,
STIPULATE AS FOLLOWS:

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Pursuant to Federal Rule of Civil Procedure 16 and this Court's Status (Pretrial
Scheduling) Order (ECF 24), the parties hereby stipulate and propose to continue the
deadline for rebuttal expert disclosures by 30 days. The parties do not request a
continuance of the discovery cut-off deadline, the trial date, or of any other dates at this
time.
//

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Law Offices of
Rice & Bloomfield, LLP
Encino, CA

Stip and [Proposed] Order Re: Extension of Rebuttal Expert Disclosure Deadline

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The Court previously granted a stipulation and proposed order extending the date

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for expert disclosures from January 15, 2016, to March 15, 2016, and extending the date

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for rebuttal expert disclosures from March 18, 2016, to May 17, 2016. (Dkt. No. 30).

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The Court then granted a stipulation and proposed order extending the date for expert

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disclosures from March 15, 2016, to April 29, 2016, extending the date for rebuttal expert

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disclosures from May 17, 2016, to June 3, 2016, and extending the discovery cut-off

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deadline from August 26, 2016, to October 14, 2016. (Dkt. No. 31)

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The Court then granted a stipulation and proposed order extending the date for expert

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disclosures from April 29, 2016, to May 6, 2016, extending the date for rebuttal expert

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disclosures from June 3, 2016, to June 10, 2016. (Dkt. No. 34)
The parties seek this further extension of the deadline for rebuttal expert

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disclosures because nearly two dozen experts and their reports were exchanged on May

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6, 2016, and, due to trial commitments and vacation schedules, additional time is needed

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to determine whether and to what extent rebuttal expert disclosures are necessary and to

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secure reports from rebuttal experts for the exchange.

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Thus, the parties hereby stipulate and propose that the current pre-trial date be

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revised as follows:

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Event

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Rebuttal Expert Disclosures

Current Date Proposed Date
June 10, 2016

July 11, 2016

The parties do not request any alteration of other dates at this time, and expect to

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be able to proceed on the current post-discovery schedule. Because this stipulation

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does not seek to alter the trial date, it "may be heard and decided by the assigned

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Magistrate Judge." (ECF 24 at 5:9).

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Respectfully submitted,
Dated: May 19, 2016

RICE & BLOOMFIELD, LLP

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Stip and [Proposed] Order Re: Extension of Rebuttal Expert Disclosure Deadline
-2-

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Law Offices of
Rice & Bloomfield, LLP
Encino, CA

By:

/s/ Linda Fermoyle Rice
LINDA FERMOYLE RICE
Attorneys for Plaintiff E.R.
BENJAMIN B. WAGNER
United States Attorney

By:

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/s/ Gregory T. Broderick (auth 5/19/16)
GREGORY T. BRODERICK
Assistant U.S. Attorney

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LA FOLLETTE, JOHNSON,
DE HAAS, FESLER & AMES

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By:

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/s/ Larry Thornton (auth 5/19/16)
LARRY
THORNTON
Attorneys for Defendant and
Cross-Complainant
SUTTER DAVIS HOSPTIAL

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SCHUERING ZIMMERMAN & DOYLE

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By:

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/s/ Kat Todd (auth 5/19/16)
KAT TODD
Attorneys for Defendants SUTTER WEST
WOMEN'S HEALTH & SUSAN MAAYAH, M.D.

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Good cause appearing, IT IS SO ORDERED.

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Dated: May 20, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stip and [Proposed] Order Re: Extension of Rebuttal Expert Disclosure Deadline
-3-

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Law Offices of
Rice & Bloomfield, LLP
Encino, CA