Anderson v. USDA et al.

Filing 29

STIPULATION and ORDER signed by Judge John A. Mendez on 9/30/2015 ORDERING Designation of Expert Witnesses due by 12/2/2015, Supplemental Expert Disclosure due by 12/15/2015, Discovery Cut-Off date is 1/26/2016. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant UNITED STATES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EZELL ANDERSON, JR., Doing Business As, )
Mom’s Choice Meats,
) Case No. 2:14-cv-02307 JAM/CKD
)
Plaintiff,
) STIPULATION TO CONTINUE
) SCHEDULING ORDER DATES;
v.
) ORDER
)
UNITED STATES OF AMERICA; KEVIN
)
CONCANNON, Undersecretary for Food,
)
Nutrition and Consumer Services; UNITED
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STATES DEPARTMENT OF
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AGRICULTURE; JOCELYN KEH, Section
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Chief, Supplemental Nutrition Assistance
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Program, Food and Nutrition Service, United )
States Department of Agriculture, and their
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successors in office, ,
)
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Defendants.
)
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Plaintiff Ezell Anderson, Jr., doing business as, Mom’s Choice Meats (“Plaintiff”), and

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Defendant United States (“Defendant”), (collectively “the parties”), stipulate, by and through the

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undersigned counsel, to extend the expert and discovery dates in this action to allow for newly

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associated counsel on behalf of Plaintiff to become familiar with the matter. Additionally, good

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cause exists for this brief extension of the discovery and expert report dates as the parties

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meaningfully engaged in settlement negotiations, including but not limited to two settlement

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conferences, with Magistrate Judge Delaney. Despite the efforts of the parties and the court,

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settlement was not achieved, and the parties are now diligently pursuing written discovery and

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depositions for which a brief extension of the expert and discovery dates is required.
STIPULATION TO CONTINUE SCHUEDLING ORDER DATES; ORDER

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The parties submit that this request is being made for good cause as newly associated counsel

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needs time to learn the matter and the parties were unsuccessful in their attempt to resolve the case

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prior to extensive discovery, depositions and pre-trial disclosures. This stipulation does not affect

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any other dates in the Scheduling Order (Docket No. 19).

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Accordingly, the parties stipulate and agree to continue the following dates, and base it on the
above-stated good cause.
Old Date

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New Date

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Expert Disclosure

October 17, 2015

December 2, 2015

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Supplemental Expert Disclosure

October 30, 2015

December 15, 2015

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Discovery Cut-Off

January 8, 2016

January 26, 2016

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The parties request the court to endorse this stipulation by way of formal order.

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Dated: September 29, 2015

Respectfully submitted,

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BENJAMIN B. WAGNER
UNITED STATES ATTORNEY

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/s/Alyson A. Berg
ALYSON A. BERG
Attorney for Defendant United States

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Dated: September 29, 2015

BISCETTE AND ASSOCIATES, P.C.

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(As authorized 09/29/15)

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/s/Nasiche Beatrice Biscette
NASICHE BEATRICE BISCETTE
Attorneys for Plaintiff

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ORDER

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Having reviewed the stipulation submitted by the parties, the dates are continued as

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referenced above.

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Dated: September 30, 2015

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/s/ John A. Mendez
John A. Mendez
United States District Court Judge

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STIPULATION TO CONTINUE SCHUEDLING ORDER DATES; ORDER

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