MacCracken v. City of Lincoln

Filing 22

STIPULATION and ORDER signed by William H Orrick, III on 10/2/2017 ORDERING that the 10/1/2017 expert disclosure date is CONTINUED to 11/30/2017. The 11/1/2017 expert rebuttal date is CONTINUED to 1/2/2018. (Zignago, K.)

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DAVID E. MASTAGNI, ESQ. (SBN 204244)
ISAAC S. STEVENS, ESQ. (SBN 251245)
ACE T. TATE, ESQ. (SBN 262015)
MASTAGNI HOLSTEDT
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
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LARRY M. KAZANJIAN (SBN 71441)
PALMER KAZANJIAN WOHL HODSON LLP
2277 Fair Oaks Blvd., Ste 455
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant, CITY OF LINCOLN
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD MACCRACKEN, et al., on behalf ) Case No. 2:16-CV-01680-WHO
of himself and all similarly situated individuals, )
) STIPULATION TO MODIFY
Plaintiffs,
) PRETRIAL DATES; ORDER THEREON
v.
)
)
CITY OF LINCOLN
)
)
Defendant.
)
)
COMES NOW, Plaintiffs, RICHARD MACCRACKEN, et al., on behalf of himself and

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all similarly situated individuals, and Defendant CITY OF LINCOLN (collectively “parties”),

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and stipulate as follows:

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WHEREAS, the parties have agreed to submit this case to private mediation and have

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selected a third party neutral. The parties are in the process of scheduling a mediation date, and

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expect to conduct mediation within 60 days.

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WHEREAS, the parties have agreed to continue their informal exchange of information to
STIPULATION TO MODIFY PRETRIAL DATES;
[PROPOSED] ORDER

MACCRACKEN, et al. v. CITY OF LINCOLN
Case No. 2:16-CV-01680-WHO

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ensure a productive mediation session.
WHEREAS, the parties are presently ordered to appear for Further Telephonic Case
Management Conference on November 14, 2017 with a status report due November 7, 2017. (Dkt.
No. 18.)
WHEREAS, on December 7, 2016 this Court issued a Minute Order re Case Management
Conference that included a pretrial schedule. Among the dates set were an expert disclosure deadline
of October 1, 2017, and expert rebuttal deadline of November 1, 2017. (Dkt. No. 12.)
WHEREAS, on August 31, 2017, three additional Plaintiffs filed consents to join this action.
(Dkt. No. 19.)
WHEREAS, discovery is ongoing regarding the damage claims of the newly added Plaintiffs,
thereby inhibiting the ability of the parties’ experts to complete their damage calculations.
WHEREAS, the parties are unable to exchange expert reports on October 1, 2017 that fully
address the scope of their expert testimony due to the ongoing discovery related to recently joined
Plaintiffs.
WHEREAS, the parties are in the process of exchanging informal settlement offers and
comprehensive damage calculations, and have tentatively agreed to third party mediation in midNovember as a backstop in the event they cannot resolve the claims through informal offers. The
parties believe that their efforts are best focused on mediation.
WHEREAS, the parties believe they will soon reach settlement and wish to avoid incurring
costs associated with the premature disclosure of experts and reports that will likely require
supplementation, and will become unnecessary if settlement is reached.

NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the parties, that:
1.

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November 1, 2017 expert rebuttal date, for 60 days to allow the parties to focus

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Good causes exists to continue the October 1, 2017 expert disclosure date, and

their efforts on mediation.
2.

Such a continuance will not impact the other dates set forth in the Court’s pretrial
schedule, and will not materially delay the processing of this action.

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STIPULATION TO MODIFY PRETRIAL DATES;
[PROPOSED] ORDER

MACCRACKEN, et al. v. CITY OF LINCOLN
Case No. 2:16-CV-01680-WHO

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The parties respectfully request the Court continue the expert disclosure and
expert rebuttal dates for 60 days.

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Respectfully submitted,

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Dated: September 29, 2017

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By: /s/ David E. Mastagni
DAVID E. MASTAGNI, ESQ.
ISAAC S. STEVENS, ESQ.
ACE T. TATE, ESQ.
Attorneys for Plaintiffs

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MASTAGNI HOLSTEDT, APC

Dated: September 29, 2017

PALMER KAZANJIAN WOHL
HODSON LLP

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By: /s/ Larry M. Kazanjian
LARRY M. KAZANJIAN, ESQ.
Attorneys for Defendant

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ORDER
Based on the above stipulation of the parties:

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1. The October 1, 2017 expert disclosure date is continued to November 30, 2017; and

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2. The November 1, 2017 expert rebuttal date is continued to January 2, 2018.

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IT IS SO ORDERED.

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DATED: October 2, 2017

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________________________________________
THE HONORABLE WILLIAM H. ORRICK
United States District Judge

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STIPULATION TO MODIFY PRETRIAL DATES;
[PROPOSED] ORDER

MACCRACKEN, et al. v. CITY OF LINCOLN
Case No. 2:16-CV-01680-WHO