McCullar v. United States of America et al

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/25/17, ORDERING that the expert discovery cut off is 12/22/2017 and the deadline for filing dispositive motions is 1/11/2018. (Kastilahn, A)

1 PHILLIP A. TALBERT
United States Attorney
2 VICTORIA L. BOESCH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for the United States
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 ROGER MCCULLAR,
Plaintiff,

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v.

13 UNITED STATES OF AMERICA,
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Defendant.

CASE NO.: 2:16-CV-01174-TLN-CKD
STIPULATION AND ORDER
MODIFYING SCHEDULING ORDER TO
EXTEND TIME FOR EXPERT
DISCOVERY
JUDGE: Hon. Troy L. Nunley

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Plaintiff Roger McCullar and the Defendant the United States respectfully submit this stipulation

17 and proposed order jointly asking the Court to modify the scheduling order to allow the parties
18 additional time for expert discovery, setting an expert discovery cut-off of December 22, 2017, and a
19 deadline for filing dispositive motions of January 11, 2018. The scheduling order currently instructs
20 the parties to complete expert discovery in time to comply with the dispositive motion deadline, which
21 requires that dispositive motions to be heard no later than December 14, 2017 (thus requiring the parties
22 to file such motions by November 16, 2017). See Dkt. 7 at 4. The requested modifications would not
23 affect the scheduling order’s dates for the pretrial conference (March 8, 2018, at 2:00 p.m.) and trial
24 (May 7, 2018, at 9:00 a.m.). See Dkt. 7 at 6, 10. Good cause exists for the requested modifications
25 because the parties have been diligently engaging in discovery and Plaintiff counsel’s trial schedule
26 prevented expert deposition scheduling in September and October. That conflict, combined with expert
27 witness conflicts, made scheduling expert depositions very difficult. The parties have met and
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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

McCullar v. United States, Case No. 2:16-cv-01174-TLN-CKD

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1 conferred, working together to schedule all the expert depositions as follows:
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Plaintiff’s Expert – Edward Eyster, M.D.
Plaintiff’s Expert – Maria Brady, M.S.
Plaintiff’s Expert – Christopher Stephenson, M.D.
Plaintiff’s Expert – Donna Post, R.N.
Plaintiff’s Expert – Craig Enos, CPA
Defendant’s Expert – Dr. D. Michael Hembd, M.D.
Defendant’s Expert – Dr. Eugene Carragee, M.D.
Defendant’s Expert – Dr. Gerald Rodts, Jr., M.D.

November 3, 2017
November 14, 2017
November 14, 2017
November 17, 2017
November 21, 2017
December 1, 2017
December 7, 2017
December 15, 2017

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Accordingly, the parties stipulate to and respectfully request that the Court modify the
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scheduling order to set an expert discovery cut-off of December 22, 2017, and a deadline for filing
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dispositive motions of January 11, 2018.
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Respectfully Submitted,
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13 DATED: October 25, 2017

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Victoria L. Boesch
VICTORIA L. BOESCH
Assistant United States Attorney
Attorneys for Defendant,
United States of America

By:

/s/ David E. Smith (authorized 10/25/17)
DAVID E. SMITH
Smith Zitano Law Firm
Attorneys for Plaintiff

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19 DATED: October 25, 2017
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ORDER

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24 IT IS SO ORDERED.
25 DATED: October 25, 2017
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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

McCullar v. United States, Case No. 2:16-cv-01174-TLN-CKD

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