Matthews v. Amtrak National Railroad Passenger Corporation

Filing 26

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/17/2017 ORDERING the deadline for filing Dispositive Motions is CONTINUED to 11/30/2017 and hearings on such motions to be heard on 1/11/2018. The dates for the Parties' Final Pre-Trial Conference and Trial shall remain unchanged. (Washington, S)

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BENJAMIN A. EMMERT, (SBN 212157)
[e-mail]
HECTOR J. RODRIGUEZ, (SBN 305446)
[e-mail]
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Fax:
408.288.5686
Attorney for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION (“AMTRAK”)
Clayeo C. Arnold, Esq., SBN 65070
Anthony J. Poidmore, Esq., SBN 51346
Joshua H. Watson, Esq., SBN 238058
CLAYEO C. ARNOLD
A Professional Law Corporation
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LENARD R. MATTHEWS, SR.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LENARD R. MATTHEWS, SR.,
Plaintiff,

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v.

Case No. 2:16-cv-00959-TLN-EFB
STIPULATION AND ORDER TO
CONTINUE DISPOSITIVE MOTION
DEADLINE

AMTRAK NATIONAL RAILROAD
PASSENGER CORPORATION, and
DOES 1 through 25, inclusive,
Defendants.

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

Firmwide:150619432.1 090621.1008

Case No. 2:16-cv-00959-TLN-EFB

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE

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IT IS HEREBY STIPULATED, by and between Defendant NATIONAL

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RAILROAD PASSENGER CORPORATION (“AMTRAK” or “Defendant”) and Plaintiff

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LENARD R. MATTHEWS, SR. (“MATTHEWS” or “Plaintiff”), (collectively referred to as “the

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Parties”) as follows:
WHEREAS, pursuant to the Court’s Pretrial Scheduling Order on January 20, 2017

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[Dkt. 13], pre-trial deadlines are as follows:

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

Fact discovery cut-off was on May 18, 2017;

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

Expert disclosures were due on July 13, 2017;

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

Rebuttal expert disclosures were due 20 days after designation of expert

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

Dispositive motions are set for November 16, 207;

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

Final pretrial conference is set for February 8, 2018 and

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

Trial is set to commence on April 16, 2018;

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WHEREAS, the Parties have completed written discovery;

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WHEREAS, despite their best efforts, the Parties have been unable to complete all

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the necessary depositions, as Plaintiff and/or his counsel are unavailable to complete such

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depositions until early November 2017;

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witnesses;

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WHEREAS, pursuant to Federal Rule of Civil Procedure 16(b)(4), the Court may
modify a scheduling order where good cause is present; and

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WHEREAS, in order to complete the necessary depositions, the Parties jointly
request that the dispositive motion deadline be extended.

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THEREFORE IT IS HEREBY STIPULATED by and between the Parties, through

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their respective counsel, that the Parties jointly request that the Court continue the deadline set forth

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in the Court’s Order [Dkt. 13] by extending the following deadline:


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held on January 11, 2018.
The dates for the Parties’ Final Pre-Trial Conference and Trial shall remain

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

Deadline to file dispositive motions to November 30, 2017 with hearing to be

unchanged.
Firmwide:150619432.1 090621.1008

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Case No. 2:16-cv-00959-TLN-EFB

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE

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IT IS SO STIPULATED.

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Respectfully Submitted,
Dated: October 16, 2017

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/s/ Hector J. Rodriguez
BENJAMIN A. EMMERT
HECTOR J. RODRIGUEZ
LITTLER MENDELSON, P.C.
Attorneys for Defendant
NATIONAL RAILROAD PASSENGER
CORPORATION (“AMTRAK”)

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Respectfully Submitted
Dated: October 16, 2017

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/s/ Matt Vandall
CLAYEO C. ARNOLD
ANTHONY J. POIDMORE
JOSHUA H. WATSON
MATT VANDALL
CLAYEO C. ARNOLD
A Professional Law Corporation
Attorneys for Plaintiff
LENARD R. MATTHEWS, SR.

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

Firmwide:150619432.1 090621.1008

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Case No. 2:16-cv-00959-TLN-EFB

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE

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ORDER

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The court, having considered the Parties’ stipulation to continue discovery and

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dispositive motion deadlines, hereby orders that the deadline to file a dispositive motion to

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November 30, 2017, with the hearing to be heard on January 11, 2018. The dates for the Parties’

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Final Pre-Trial Conference and Trial shall remain unchanged.

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IT IS SO ORDERED.
Dated: October 17, 2017

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Troy L. Nunley
United States District Judge

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LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th
Floor
San Jose, CA 95113.2303
408.998.4150

Firmwide:150619432.1 090621.1008

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Case No. 2:16-cv-00959-TLN-EFB

STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE