Kessler v. National Railroad Passenger Corporation

Filing 23

ORDER signed by District Judge John A. Mendez on 3/23/2016 GRANTING IN PART, DENYING IN PART 15 Motion to Modify the Status (Pretrial Scheduling) Order; LIMITING the plaintiff's expert witness disclosures to the non-retained expert witnesses s he disclosed on 1/25/2016; ORDERING that discovery be completed by 5/20/2016; ORDERING that dispositive motions be filed by 6/1/2016 and that such motions be heard on 6/28/2016 at 1:30 PM; ORDERING that all other dates set forth in the 14 Status (Pretrial Scheduling) Order remain the same, including the trial date of 9/19/2016. (Michel, G.)

(SPACE BELOW FOR FILING STAMP ONLY)
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STEPHANIE L. QUINN (SBN 216655)
RAYMOND TUASON (SBN 279346)
MURPHY, CAMPBELL, ALLISTON & QUINN
8801 Folsom Boulevard, Suite 230
Sacramento, CA 95826
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION, dba AMTRAK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

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MURPHY, CAMPBELL, ALLISTON & QUINN

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Plaintiff,

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Case No. 2:15-CV-00728-JAM-AC

LINDA KESSLER,

v.
NATIONAL RAILROAD PASSENGER
CORPORATION, doing business as AMTRAK,
and DOES 1 through 10, inclusive,

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ORDER DENYING IN PART AND
GRANTING IN PART PLAINTIFF’S
MOTION TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER, FRCP
16(b)(4)
Judge:

Defendants.

Hon. John A. Mendez

Date:
March 22, 2016
Time:
1:30 pm
Courtroom: 6

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Trial Date: September 19, 2016

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Plaintiff’s Motion to Modify the Status (Pre-trial Scheduling) Order was heard on

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March 22, 2016 in Courtroom 6. Brian W. Plummer of Wilcoxen Callaham, LLP appeared
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on behalf of Plaintiff LINDA KESSLER. Stephanie L. Quinn of Murphy, Campbell, Alliston &
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Quinn,

appeared

on

behalf

of Defendant NATIONAL

RAILROAD

PASSENGER

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CORPORATION dba AMTRAK.
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-1[PROPOSED] ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF’S MOTION TO MODIFY STATUS (SCHEDULING)
ORDER

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Plaintiff’s request to modify the scheduling order to extend the date for expert witness

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disclosures is hereby denied, on the grounds that Plaintiff has not shown good cause to

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extend the deadline set forth in the Court’s scheduling order based on a lack of due

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diligence by Plaintiff’s prior counsel to conduct discovery and designate experts. Plaintiff’s

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expert witness disclosures shall be limited to the non-retained expert witnesses she

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disclosed on January 25, 2016.
For good cause, Plaintiff’s request to extend the discovery cut off, currently set for

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April 22, 2016, is hereby granted. The new deadline to complete discovery is May 20, 2016.

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Dispositive motions shall be heard on June 28, 2016 at 1:30 p.m. The last day to file

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dispositive motions shall be June 1, 2016. All other dates in the Court’s scheduling order

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MURPHY, CAMPBELL, ALLISTON & QUINN

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shall remain the same, including the trial date of September 19, 2016.

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IT IS SO ORDERED.

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Dated: March 23, 2016

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

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-2[PROPOSED] ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF’S MOTION TO MODIFY STATUS (SCHEDULING)
ORDER