Westbrook v. Ball Metal Beverage Container Corp.

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/9/2018 ORDERING: Completion of non-expert discovery EXTENDED to 2/26/2018; The deadline to notice all motions to compel non-expert discovery EXTENDED to 2/26/2018; Expert discl osures EXTENDED to 3/8/2018; Rebuttal expert disclosures EXTENDED to 3/30/2018; Completion of expert discovery EXTENDED to 4/23/2018; The deadline to notice all motions to compel expert discovery EXTENDED to 4/23/2018; and the deadline to file all motions, except for continuances, temporary restraining orders, or other emergency applications, EXTENDED to 4/23/2018. (Hunt, G)

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Maurice J. Fitzgerald (SBN: 149712)
Email: [e-mail]
Robert E. Cartwright (SBN: 104284)
Email: [e-mail]
The Cartwright Law Firm, Inc.
222 Front Street, Fifth Floor
San Francisco, CA 94111
Attorneys for Plaintiff
GEORGE WESTBROOK

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Jason A. Geller [SBN 168149]
Email: [e-mail]
Annie Lau [SBN 302438]
Email: [e-mail]
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2050
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Katherine Sandberg [SBN 301117]
Email: [e-mail]
FISHER & PHILLIPS LLP
621 Capitol Mall, Suite 1400
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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GEORGE WESTBROOK,

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Case No. 2:16-CV-01569-WBS-CKD

Plaintiff,

JOINT STIPULATION RE:
CONTINUATION OF DISCOVERY
DEADLINES AND [PROPOSED] ORDER

vs.
BALL METAL BEVERAGE CORP., a
Colorado corporation; and Does 1-100,
inclusive;

[Originally Solano County Superior Court
Action No. FCS047162]

Defendant(s).

Removal Date:
Trial Date:

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July 8, 2016
July 10, 2018

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 33610330.1

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TO THE U.S. DISTRICT COURT, ALL PARTIES AND THEIR ATTORNEYS OF
RECORD:

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Plaintiff GEORGE WESTBROOK (“Plaintiff”) and Defendant BALL METAL

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BEVERAGE CONTAINER CORP. (“Defendant”), by and through their respective counsel,

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hereby submit this Joint Stipulation pursuant to Federal Rule of Civil Procedures (“Fed. R. Civ.

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P.”) 29 and Local Rules (“L.R.”) 143, 144, and 230(f) and respectfully request that the Court issue

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an order granting this stipulation as set forth below pursuant to Fed. R. Civ. P. 29.

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WHEREAS, on October 27, 2017, the Court issued an Order on the Parties’ Joint

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Stipulation Re: Continuance of Trial and Discovery Deadlines that established updated discovery

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deadlines this action and a new trial date.

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WHEREAS the parties have engaged in substantial discovery including the exchange of

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written discovery that included over two thousand documents and have completed the depositions

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of Plaintiff and the depositions of several Defendant’s key witness.

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WHEREAS, the Parties attempted in good faith to resolve this matter though mediation
Judge Bonnie Sabraw at ADR Services, Inc. on October 11, 2017 with in San Francisco.

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WHEREAS, the parties were forced to cancel duly-noticed depositions of subpoenaed

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witnesses, including Plaintiff’s heath care providers, scheduled to take place in Vacaville,

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California during the week of October 9, 2017 due to the North Bay fires. Those depositions were

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rescheduled but have not yet been completed, and they may determine whether expert witnesses

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must be retained for certain trial testimony.

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WHEREAS, current discovery cut-off dates, motion dates, and dates for expert disclosure

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are such that the parties would have difficulty now completing discovery and motions within the

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current deadlines set.

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WHEREAS, moving all discovery cut-off dates and expert disclosure as set forth below

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would not impact or affect the current trial date set for July 10, 2018 or the Final Pretrial

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Conference set for May 7, 2018.

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 33610330.1

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WHEREAS, the joint stipulation is not entered into with the intent to delay. By continuing
the discovery, expert disclosure and motion deadlines, there is no prejudice to any party.

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WHEREAS the parties are not requesting a trial continuance.

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WHEREAS, good cause exists for granting the Parties’ request to extend the following

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deadlines and continue the trial date in accordance with Fed. R. Civ. P. 29.

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NOW, WHEREFORE, for the foregoing reasons and for good cause shown, the requested
stipulated deadline continuances are as follows:

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a)

February 26, 2018.

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b)

c)

Extend expert disclosures in accordance with Federal Rule of Civil Procedure

26(a)(2) from January 22, 2018 to March 8, 2018.

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The deadline to notice all motions to compel non-expert discovery shall be

extended from January 12, 2018 to February 26, 2018.

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The completion of non-expert discovery shall be extended from January 12, 2018 to

d)

Extend rebuttal expert disclosures in accordance with Federal Rule of Civil

Procedure 26(a)(2) from February 13, 2018 to March 30, 2018.

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e)

The completion of expert discovery shall be April 23, 2018.

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f)

The deadline to notice all motions to compel expert discovery shall be extended to

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April 23, 2018.

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g)

The deadline to file all motions, except for continuances, temporary restraining

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orders, or other emergency applications, shall be extended from April 2, 2018 to April 23, 2018.

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 33610330.1

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THEREFORE, the Parties hereby stipulate and agree to extend the aforementioned

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discovery deadlines as noted above.

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Date: January 5, 2018

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THE CARTWRIGHT FIRM, INC.
/s/ Maurice Fitzgerald
Maurice Fitzgerald
Robert E. Cartwright, Jr.
Attorneys for Plaintiff
GEORGE WESTBROOK

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Date: January 5, 2018

FISHER & PHILLIPS LLP
/s/ Katherine P. Sandberg
Jason A. Geller
Annie Lau
Katherine P. Sandberg
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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IT IS SO ORDERED.
Dated: January 9, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION RE CONTINUATION OF DISCOVERY DEADLINES AND [PROPOSED] ORDER
FPDOCS 33610330.1