Rogers et al v. Morawcznski et al

Filing 15

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/16/2016 ORDERING that Jury Trial is CONTINUED to 5/22/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Final Pretrial Conference is CONTINUED to 4/7/2017 at 10:00 AM. Joint Pretrial Statements shall be filed 3/31/2017. Expert Witness Disclosures and Rebuttal Expert Witnesses shall be filed no later than 9/16/2016 and 9/23/2016. (Zignago, K.)

1
2
3
4
5
6

CARRIE A. McFADDEN, ESQ., SB No. 245199
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

Attorneys for Defendants NICHOLAS MORAWCZNSKI and VISHWAS SHARMA

7

12

LARRY A PELUSO, ESQ., SB No. 281380
Attorney at Law
Email: [e-mail]
101 S. Topanga Canyon Blvd #588
Topanga CA 90290
Peluso [phone]
Swanson [phone]
Fax [phone]

13

Attorneys for Plaintiffs CHRISTIE ROGERS and SHAUNA ELDER

8
9
10
11

14
15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17
18
19
20
21
22
23
24
25

CHRISTIE ROGERS, individually and as the ) Case No.: 2:15-cv-01420-JAM-CMK
)
heir and successor in interest of KEVIN
) STIPULATION AND ORDER
MCCOSHUM and SHAUNA ELDER,
) MODIFYING THE PRETRIAL
) SCHEDULING ORDER
Plaintiff,
)
)
vs.
)
NICHOLAS MORAWCZNSKI and
)
VISHWAS SHARMA,
)
)
Defendants.
)
)

26
27

COMES NOW THE PARTIES by and through their respective counsel and subject to the

28

approval of this Court, hereby stipulate and respectfully request the following modifications to
-1STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING ORDER

1

this Court’s Pretrial Scheduling Order of November 4, 2015 (Court’s Docket No. 9), regarding

2

the scheduling of this case:

3



4
5

moved to September 16, 2016;


6
7

That the rebuttal expert witness disclosure currently set for August 26, 2016 be moved to
September 23, 2016;



8
9

That the expert witness disclosure cut-off date currently set for August 19, 2016 be

The trial currently set for March 20, 2017 be moved to a date convenient for the Court in
or after May 2017;



That the Final Pretrial Conference currently set for January 27, 2017 be moved to a date

10

convenient for the Court in accordance with the new trial date.

11

The parties stipulate to and request this modification of the pretrial order as to the expert

12

witness disclosures because Plaintiff Christie Rogers and Defendant Nicholas Morawcznski have

13

become unavailable to be deposed before the expert disclosure deadline. There is good cause for

14

this modification because the parties did not anticipate that this Plaintiff and Defendant would

15

become unavailable for several weeks before the expert disclosure deadline. The parties are

16

confident that the new dates for expert witness disclosures will provide all parties with adequate

17

time to complete discovery and dispositive motions. The parties are not seeking an extension of

18

the deadline to conduct discovery, which is scheduled for October 21, 2016, or the deadline to

19

file a dispositive motion, which is scheduled for November 15, 2016.

20

The parties stipulate to and request this modification of the pretrial order as to the dates

21

for the final pretrial conference and trial because defense counsel, Carrie McFadden, cannot

22

attend the pretrial conference and trial as currently scheduled as she will be on maternity leave

23

starting in January 2017. The parties submitted their availability for trial to this Court on

24

October 30, 2015. Court’s Docket No. 8, pp. 5-6. At that time, defense counsel was unaware

25

that she would become pregnant and would be on maternity leave beginning in January 2017.

26

Defense counsel’s unavailability for the pretrial conference and trial as currently scheduled was

27

confirmed by her physician on July 26, 2016. Her inability to attend the pretrial conference and

28

trial was not caused by a lack of diligence in complying with the Court’s Scheduling Order.
-2STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING ORDER

1

Mrs. McFadden anticipates taking three months of maternity leave and returning to work in early

2

to mid-April 2017, depending on when her baby is born, her baby’s health, and her health.

3

Plaintiffs agree that accommodating maternity/paternity leave is an important social interest.

4

Defense counsel currently have trials scheduled to begin on February 17, 2017

5

(Shellabarger v. Dicharry, et al, Eastern District Case No. 2:13-cv-00188-TLN-CMK) and on

6

February 28, 2017 (Huggins v. City of Rocklin, et al, Eastern District Case No. 2:15-cv-01424-

7

WBS-CKD). Defense counsel has filed a motion to continue the trial in the Shellabarger matter,

8

which is scheduled for hearing on August 25, 2016. Eastern District Case No. 2:13-cv-00188-

9

TLN-CMK, Docket No. 72. Defense counsel will file either a stipulation or a motion to continue

10

the trial in the Huggins case as well. Thus, at this time defense counsel does not know when the

11

trials in Shellabarger and Huggins (assuming the Court grants the requests to continue these

12

trials) will commence. Defense counsel is also scheduled to start a trial on January 22, 2018 in

13

Coryell v. City of Oroville, et al., Eastern District Case No. 2:15-cv-00476-TLN-AC. Plaintiffs’

14

counsel also is in trial beginning September 12, 2016 in Banta v. Walnut Creek (3:13-cv-00342

15

CRB in the Northern District, and in mid-February, 2017 in Trevino v. Cummins et al. in the

16

Complex Division of Los Angeles Superior Court (BC462323).

17
18

Dated: August 16, 2016

/s/ Carrie A. McFadden
By:_________________________________
CARRIE A. McFADDEN
Attorneys for Defendants
NICHOLAS MORAWCZNSKI and
VISHWAS SHARMA

19
20
21
22
23

ANGELO, KILDAY & KILDUFF, LLP

Dated: August 16, 2016

SWANSON & PELUSO

24
25
26
27
28

By: /s/ Larry A Peluso [authorized on 8/15/16]
_______________________________
LARRY A. PELUSO
Attorney for Plaintiffs
CHRISTIE ROGERS and SHAUNA
ELDER
-3STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING ORDER

1

ORDER

2

THEREFORE it is so ordered that:

3

Jury Trial is continued to May 22, 2017 at 9:00 a.m.

4

Final Pretrial Conference is continued to April 7, 2017 at 10:00 a.m.

5

Joint Pretrial Statements shall be filed March 31, 2017.

6

Expert Witness Disclosures and Rebuttal Expert Witnesses shall be filed no later than

7

September 16, 2016 and September 23, 2016.

8
9

IT IS SO ORDERED.

10
11

Dated: 8/16/2016

/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-

STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING ORDER