Steffen v. Union Pacific Railroad Company et al

Filing 10

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 3/23/16 ORDERING the date for completion of discovery, with the exception of expert discovery, is reset to 9/30/16. The expert disclosure deadline is reset to 11/28/16. The exchange of lists of rebuttal expert witnesses is currently set for 20 days after 8/26/16 or 9/14/16. The parties request an extension of this deadline to 20 days following the proposed new deadline of 11/28/16 for expert disclosure - or 12/15/16. Coun sel was instructed to complete all discovery of expert witnesses in a timely manner in order to comply with the Court's deadline for filing dispositive motions. As a dispositive motion is not appropriate in this case, the parties request an extension of the expert witness discovery completion date for 75 days after the rebuttal disclosure or 2/28/17. All other dates will remain the same as provided for in the 7/22/15 Pretrial Scheduling Order.(Becknal, R)

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JOHN D. FEENEY, ESQ. (SBN 84373)
UNION PACIFIC RAILROAD COMPANY
Law Department
10031 Foothills Boulevard, Suite 200
Roseville, CA 95747
General:
[phone]
Direct:
[phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
UNION PACIFIC RAILROAD COMPANY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KATIE M. STEFFEN,

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Plaintiff,

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Case No. 2:15-CV-01025-TLN-KJN

vs.
UNION PACIFIC RAILROAD COMPANY, a
Delaware Corporation, BRIAN L. KLINE
and DOES 1 through 10, inclusive,

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STIPULATION OF THE PARTIES TO
MODIFY THE PRETRIAL
SCHEDULING ORDER AND EXTEND
DISCOVERY DEADLINES;
ORDER

Defendants.

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STIPULATION OF THE PARTIES TO MODIFY THE PRETRIAL

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SCHEDULING ORDER AND EXTEND DISCOVERY DEADLINES

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Pursuant to Rules 16(b) (4) and 29 of the Federal Rules of Civil Procedure,

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Defendants UNION PACIFIC RAILROAD COMPANY and BRIAN L. KLINE and

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Plaintiff KATIE M. STEFFEN, by and through their attorneys of record, subject to

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the approval of the Court and good cause present, hereby stipulate to modify the

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Pretrial Scheduling Order dated July 22, 2015, and extend the time for discovery

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deadlines previously set in this matter.

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-1STIPULATION OF THE PARTIES TO MODIFY THE PRETRIAL SCHEDULING ORDER AND EXTEND
DISCOVERY DEADLINES; ORDER

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The parties submit that there is good cause for the proposed modification of

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this Court’s Pretrial Scheduling order for the following reasons: While this lawsuit

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revolves around a relatively simple set of facts – a two car collision on I-80 on

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September 3, 2015 – based upon a review of medical records subpoenaed to date,

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plaintiff is not currently medically stable and continues to treat with a variety of

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medical practitioners for myriad injuries, resulting primarily from a head injury

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(skull fracture). The parties understand that the basic diagnosis is traumatic brain

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injury, resulting in cognitive disabilities, including memory loss.

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defendants have been diligent in collecting medical records, depositions of the

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plaintiff and her treaters at this point are premature. Defendants have postponed

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the depositions for a time when when plaintiff has medically plateaued. While the

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parties’ understanding is that the prognosis is guarded, both sides agree that

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additional time is warranted to make the depositions meaningful. Both sides desire

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to avoid duplicative depositions of treaters, as well as the plaintiff.

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While the

THEREFORE, THE PARTIES STIPULATE AND AGREE AND RESPECTFULLY
REQUEST the following modifications to the scheduling order:
The date for completion of discovery, with the exception of expert discovery, is

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currently scheduled for June 30, 2016.

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deadline to September 30, 2016.

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The parties request an extension of this

The expert disclosure deadline is currently scheduled for August 25, 2016.
The parties request an extension of this deadline to November 28, 2016.

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The exchange of lists of rebuttal expert witnesses is currently scheduled for

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20 days after August 26, 2016 – or September 14, 2016. The parties request an

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extension of this deadline to 20 days following the proposed new deadline of

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November 28, 2016 for expert disclosure- or December 15, 2016.

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Counsel was instructed to complete all discovery of expert witnesses in a

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timely manner in order to comply with the Court’s deadline for filing dispositive

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motions. As a dispositive motion is not appropriate in this case, the parties request
-2STIPULATION OF THE PARTIES TO MODIFY THE PRETRIAL SCHEDULING ORDER AND EXTEND
DISCOVERY DEADLINES; ORDER

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an extension of the expert witness discovery completion date for 75 days after the

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rebuttal disclosure – or February 28, 2017.

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All other dates will remain the same as provided for in the July 22, 2015
Pretrial Scheduling Order.
IT IS HEREBY STIPULATED.

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Dated:

3/17/16

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DREYER BABICH BUCCOLA WOOD &
CAMPORA, LLP

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By:
/s/
ROBERT BUCCOLA
State Bar No.112880
Attorneys for Plaintiff KATIE STEFFEN

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Dated:

3/18/16

UNION PACIFIC RAILROAD COMPANY

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By:

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/s/
JOHN D. FEENEY
State Bar No. 84373
Attorney for Defendant
UNION PACIFIC RAILROAD COMPANY

IT IS SO ORDERED:

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Dated: March 23, 2016

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Troy L. Nunley
United States District Judge

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-3STIPULATION OF THE PARTIES TO MODIFY THE PRETRIAL SCHEDULING ORDER AND EXTEND
DISCOVERY DEADLINES; ORDER