Hudson v. Swift Transportation Co. of Arizona, LLC

Filing 19

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 10/5/17: Expert discovery due by 6/4/2018. Fact discovery due by 4/5/2018. Dispositive Motions filed by 10/2/2018. (Kaminski, H)

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Derek H. Lim (Bar No. 209496)
Chad D. Greeson (Bar No. 251928)
Yen P. Chau (Bar No. 221087)
ARCHER NORRIS
A Professional Law Corporation
2033 North Main Street, Suite 800
Walnut Creek, California 94596-3759
Telephone:
925.930.6600
Facsimile:
925.930.6620
[e-mail]
[e-mail]
Attorneys for Defendant
SWIFT TRANSPORTATION CO. OF ARIZONA,
LLC
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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JAMES HUDSON,

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Fed. Case No. 2:16-CV-01291-MCE-DB
[Honorable Morrison C. England, Jr.]

Plaintiff,
v.
SWIFT TRANSPORTATION CO. OF
ARIZONA, LLC, and DOES 1 through 50,
inclusive,

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Defendant.

JOINT STIPULATION AND ORDER TO
EXTEND DEADLINE TO COMPLETE
FACT DISCOVERY SET FORTH IN
COURT’S FEBRUARY 27, 2017
SCHEDULING ORDER
Trial Date:
Time:
Courtroom:

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TO THE COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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Plaintiff JAMES HUDSON (“Plaintiff”) and Defendant SWIFT TRANSPORTATION

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CO. OF ARIZONA, LLC (“Defendant”) by and through their counsel of record in this action,

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hereby agree and stipulate as follows:

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1.

Derek Lim, counsel for Defendant Swift, is a caretaker for a close family member.

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Mr. Lim’s relative is battling a serious medical condition and is expected to undergo urgent

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surgery within the next few weeks. Mr. Lim expects significant disruption to his work schedule

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as he provides necessary care, pre-surgery and post-surgery. To allow Mr. Lim the opportunity to

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focus on his family’s health, without prejudice to his client, the parties agree upon the approval of

No. 2:16-CV-01291-MCE-DB

S0519001/4812-2187-7073-1

JOINT STIPULATION AND ORDER

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the Court, to continue all fact discovery and related deadlines by 120 days.
2.

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This Court has previously granted one continuation of trial and trial related

deadlines on February 27, 2017.
3.

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Since then, counsel for both parties have worked diligently and cooperatively to

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complete fact discovery. The parties have exchanged written discovery requests and responses

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(request for admissions, special interrogatories, and requests for documents). Both parties have

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produced responsive documents. Additionally, Swift served supplemental initial disclosures.

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Counsel Lim is scheduled to take the deposition of plaintiff on October 6, 2017 in Arkansas, but

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likely needs to continue the deposition in light of the anticipated surgery.
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of Judicate West in Sacramento, California.
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The parties will participate in private mediation with Ramsay “Buzz” Wiesenfeld

Based on the foregoing reasons, and for good cause shown, counsel for the parties

stipulate to a continuance of the deadline for the close of fact discovery by 120 days.
6.

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The previous deadline for completion of fact discovery was December 6, 2017.

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With the Court’s approval, the new deadline for completion of fact discovery will be April 5,

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2018.

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7.

Pursuant to the Court’s previous pre-trial orders, the deadline for the disclosure of

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expert witnesses is no later than sixty (60) days after the close of discovery. With a deadline of

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April 5, 2018, the deadline for expert disclosure is June 4, 2018. Within thirty (30) days after the

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designation of expert witnesses, any party may designate a supplemental list of expert witnesses.

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8.

Pursuant to the Court’s previous pre-trial orders, the deadline for filing a

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dispositive motion is no later than one hundred eighty (180) days after the close of discovery.

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With a deadline of April 5, 2018 for the completion of fact discovery, the deadline for filing a

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dispositive motion will be on or before October 2, 2018.

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9.

Pursuant to the Court’s previous pre-trial orders, if a dispositive motion is filed,

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the parties must file a Joint Notice of Trial Readiness not later than 30 days after receiving the

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Court’s ruling on the last filed dispositive motion. If no dispositive motions are filed, the parties

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must file a Joint Notice of Trial Readiness not later than thirty (30) days after the close of
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No. 2:16-CV-01291-MCE-DB
S0519001/4812-2187-7073-1

JOINT STIPULATION TO CONTINUE TRIAL AND TRIAL RELATED DATES

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discovery. Thus, if no dispositive motions are filed, a Notice of Trial Readiness must be filed on

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or before May 7, 2018.
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This brief extension of the deadline for fact discovery will allow Mr. Lim to care

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for his family member, and give the parties sufficient time to complete fact discovery, complete

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expert discovery, and prepare for ADR and/or trial.
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these deadlines.
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It is submitted that there would be no prejudice to any of the parties by continuing

The parties agree to the foregoing dates, or any continued dates to which the Court

agrees.
IT IS SO STIPULATED:

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Dated: September 28, 2017

ARCHER NORRIS

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/s/ Chad D. Greeson
Derek H. Lim
Chad D. Greeson
Attorneys for Defendant SWIFT
TRANSPORTATION CO. OF ARIZONA,
LLC

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Dated: September 28, 2017

T. JAMES FISHER

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/s/ T. James Fisher
T. James Fisher
Attorneys for Plaintiff

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S0519001/4812-2187-7073-1

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No. 2:16-CV-01291-MCE-DB

JOINT STIPULATION TO CONTINUE TRIAL AND TRIAL RELATED DATES

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ORDER
Good cause appearing, it is hereby ordered that:
1. The current fact discovery cutoff date of December 6, 2017 is continued to April 5,
2018;
2. The current expert discovery cutoff date of February 3, 2018 is continued to June 4,
2018;
3. Within thirty (30) days after the designation of expert witnesses, any party may
designate a supplemental list of expert witnesses;
4. The current deadline to file dispositive motions, June 2, 2018, is continued to October
2, 2018.
5. The parties must file a Joint Notice of Trial Readiness not later than 30 days after
receiving the Court’s ruling on the last filed dispositive motion.
6. If no dispositive motions are filed, the parties must file a Joint Notice of Trial
Readiness on or before May 7, 2018.
IT IS SO ORDERED.
Dated: October 5, 2017

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S0519001/4812-2187-7073-1

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No. 2:16-CV-01291-MCE-DB

JOINT STIPULATION TO CONTINUE TRIAL AND TRIAL RELATED DATES