EZ Pedo, Inc. v. Mayclin Dental Studio, Inc.

Filing 36

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 2/28/2017 APPROVING the requested changes to the expert discovery deadlines; ORDERING that all other provisions of the pretrial scheduling order remain in effect. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EZ PEDO, INC., a California

Case No. 2:16-cv-00731-KJM-CKD

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Plaintiff,
ORDER

vs.

14 MAYCLIN DENTAL STUDIO, INC.,
a Minnesota corporation, individually

15 and dba KINDER KROWNS; and
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DOES 1-10,
Defendants.

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Pursuant to Local Rule 143, all parties hereby request the Court’s approval of the
following stipulation amending the Amended Status (Pretrial Scheduling) Order (Dkt.
24)[hereinafter “Amended Pretrial Scheduling Order”], as previously amended by to
modify the expert disclosure and report deadlines as stated below:

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STIPULATION
WHEREAS, the parties have timely served expert designations and initial expert
reports pursuant to the deadlines set forth in the Amended Pretrial Scheduling Order;
WHEREAS, the Amended Pretrial Scheduling Order states that all expert
discovery shall be completed by March 1, 2017;

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JOINT REQUEST FOR COURT APPROVAL OF STIPULATION AMENDING THE
PRETRIAL SCHEDULING ORDER TO EXTEND EXPERT DEADLINES
44474079.v1

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WHEREAS, the deadline for completing fact was extended to March 1, 2017 by

2 Court Order (Dkt. 27);
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WHEREAS, the parties, counsel and third-party witness are working cooperatively

4 to complete discovery, including taking several depositions scheduled in the last few
5 weeks of February;
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WHEREAS, due to the witnesses’ and counsel’s schedules, the parties’ respective

7 experts will not receive pertinent factual information necessary for their respective
8 supplemental expert reports until March 1, 2017;
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WHEREAS, one of Plaintiff’s employees with knowledge of material facts, Jeff

10 Fisher, is not available for deposition until after March 1, 2017;
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Defendant’s rebuttal expert, Joseph Kenyon, is not available for deposition until

12 after March 1, 2017 due to court deadlines in two other lawsuits;
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WHEREAS, by Court Order (Dkt. #33), the Settlement Conference was continued

14 from January 17, 2017 to March 24, 2017;
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WHEREAS, good cause exists for the Court to approve this stipulation so that the

16 parties have adequate time to complete expert discovery and be prepared for the
17 settlement conference scheduled for March 24, 2017;
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JOINT REQUEST FOR COURT APPROVAL OF STIPULATION AMENDING THE
PRETRIAL SCHEDULING ORDER TO EXTEND EXPERT DEADLINES
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NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

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(1)

Defendant is permitted to take the deposition of Jeff Fisher after March 1,

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2017 and prior to March 10, 2017 at a time and place mutually agreeable to

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the parties;

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(2)

Section VI of the Amended Pretrial Scheduling Order (Dkt. #24 ) is

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Amended to extend the time for completion of expert discovery by March

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10, 2017;

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(3)

 Plaintiff:

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(4)

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March 3, 2017; and

 Defendant:

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The parties shall file and serve supplemental expert reports as follows:

March 7, 2017.

This Stipulation shall become effective only upon the filing of the Court’s
Order approving this Stipulation.

13 So stipulated.
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15 Dated: February 16, 2017

FOX ROTHSCHILD, LLP.

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/s/ Adam P. Gislason
Adam P. Gislason
Timothy C. Matson

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ATTORNEYS FOR DEFENDANT
MAYCLIN DENTAL STUDIO, INC.
DBA KINDER KROWNS

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22 DATED: February 16, 2017
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BUCHALTER
A Professional Corporation

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By: /s/ Paul J. Fraidenburgh
PAUL J. FRAIDENBURGH
(As authorized in writing on 2/13/2017.)

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Attorneys for Plaintiff
EZ PEDO, INC.

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JOINT REQUEST FOR COURT APPROVAL OF STIPULATION AMENDING THE
PRETRIAL SCHEDULING ORDER TO EXTEND EXPERT DEADLINES
44474079.v1

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The requested changes to expert discovery deadlines are approved. All other

2 provisions of the pretrial scheduling order remain in effect.
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IT IS SO ORDERED.

4 Dated: February 28, 2017
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UNITED STATES DISTRICT JUDGE

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JOINT REQUEST FOR COURT APPROVAL OF STIPULATION AMENDING THE
PRETRIAL SCHEDULING ORDER TO EXTEND EXPERT DEADLINES
44474079.v1