Richardson v. Path Logic Now

Filing 27

STIPULATION and ORDER to Amend Scheduling Order signed by District Judge Troy L. Nunley on 4/9/18. Designation of Expert Witnesses due 5/30/2018, and Rebuttal Expert Disclosures due 6/19/2018. Dispositive Motion hearing cut-off 9/27/2018. Joint Final Pretrial Conference Statement due 1/3/2019. Final Pretrial Conference SET for 1/10/2019 at 02:00 PM and Trial SET for 3/11/2019 at 09:00 AM, BOTH in Courtroom 2 (TLN) before District Judge Troy L. Nunley.(Kastilahn, A) Modified on 4/10/2018 (Kastilahn, A).

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1 2 3 4 5 ENSMINGER LAW OFFICES D. RANDALL ENSMINGER (SBN 202371) 570 5th Street Lincoln, CA 95648 Telephone: (916) 434-0220 Facsimile: (916) 434-2530 Email: randall@ensmingerlaw.com Attorney for Plaintiff HEATHER RICHARDSON 6 7 8 9 10 11 12 JACKSON LEWIS P.C. DALE R. KUYKENDALL (SBN 148833) SIERRA VIERRA (SBN 307874) 400 Capitol Mall, Suite 1600 Sacramento, CA 95814 Telephone: (916) 341-0404 Facsimile: (916) 341-0141 Email: kuykendd@jacksonlewis.com sierra.vierra@jacksonlewis.com Attorneys for Defendant PATHLOGIC NOW, aka NEOGENOMICS 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 HEATHER RICHARDSON, Plaintiff, 17 18 19 20 CASE NO. 2:16-CV-02687-TLN-GGH Assigned for All Purposes to: The Hon. Troy L. Nunley v. STIPULATION AND ORDER TO AMEND SCHEDULING ORDER PATHLOGIC NOW, aka NEOGENOMICS Defendant. Complaint Filed: Discovery Cutoff: Pretrial Conf.: Trial: 21 22 23 November 14, 2016 January 31, 2018 November 1, 2018 January 14, 2019 Plaintiff Heather Richardson (“Plaintiff”) and Defendant Pathlogic Now, aka NeoGenomics (“Defendant”), by and through their respective attorneys of record, and pursuant to 24 USDC ED CA Local Rules 143 and 144(d) and Federal Rule of Civil Procedure 16(b), hereby 25 stipulate and agree as follows: 26 WHEREAS, on or about June 16, 2017, this Court, pursuant to Federal Rule of Civil 27 Procedure (“FRCP”) 16(b) and the FRCP 26(f) Joint Status Report of the parties, issued a Pretrial 28 1 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER Heather Richardson v. Pathlogic Now aka Neogenomics Case No. 2:16-CV-02687-TLN-GGH 1 2 Scheduling Order, setting the close of fact discovery on January 31, 2018, setting the case for trial, and establishing an initial January 14, 2019 trial date (Doc. 23); 3 4 WHEREAS, the parties worked diligently towards completing fact discovery and successfully completed fact discovery within the January 31, 2018 deadline; 5 6 7 WHEREAS, the parties’ fruitful discovery efforts have enabled them to engage in a good faith settlement effort. Such discussions are ongoing, and the parties continue to meet and confer over whether a resolution can be achieved; 8 9 WHEREAS, the Pretrial Scheduling Order includes a March 30, 2018 deadline for expert disclosures; 10 11 12 WHEREAS, the parties are reluctant to expend further time and resources litigating the action while they are seriously evaluating the merits of pre-trial resolution, especially where the necessary expenditures to litigate this action may preclude a successful pre-trial resolution; 13 14 15 16 WHEREAS, the parties have acted with diligence in trying to adhere to the current pretrial deadlines but are making this requests to the Court for modification of the current scheduling order because absent an extension, the parties will have no choice but to immediately have experts work in earnest on their respective Rule 26 Reports; 17 18 WHEREAS, neither party will be prejudiced by a three-month continuance of the current trial date and related pretrial deadlines; and 19 20 WHEREAS, there have been no previous requests to amend the Pretrial Scheduling Order. 21 22 NOW THEREFORE, the parties, through their respective counsel, jointly propose and stipulate to the following: 23 24 25 26 27 The deadlines in the Pretrial Scheduling Order previously set forth by the Court shall be revised as follows, or set on such other dates as the Court determines: /// /// /// 28 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER Heather Richardson v. Pathlogic Now aka Neogenomics Case No. 2:16-CV-02687-TLN-GGH 1 2 /// Event Current Date Proposed New Date Expert Disclosures and Reports March 30, 2018 May 30, 2018 Rebuttal Expert Disclosures April 19, 2018 June 19, 2018 Dispositive Motion Hearing Cut-Off July 26, 2018 September 27, 2018 Joint Final Pretrial Conference Statement October 25, 2018 January 2, 2019 Final Pretrial Conference November 1, 2018 January 8, 2019 Trial January 14, 2019 March 11, 2019 3 4 5 6 7 8 9 10 11 12 13 IT IS FURTHER STIPULATED AND AGREED between the parties that all other provisions of the Pretrial Scheduling Order of June 26, 2017 shall remain in effect. This Stipulation may be signed in counterparts and any facsimile or electronic signature shall be valid as an original signature. 14 15 16 IT IS SO STIPULATED. Dated: March 30, 2018 17 ENSMINGER LAW OFFICES By: /s/ D. Randall Ensminger (as authorized on 3/30/18) D. RANDALL ENSMINGER Attorneys for Plaintiff HEATHER RICHARDSON 18 19 20 21 Dated: March 30, 2018 JACKSON LEWIS P.C. By: /s/ Dale R. Kuykendall DALE R. KUYKENDALL SIERRA VIERRA Attorneys for Defendant PATHLOGIC NOW aka NEOGENOMICS 22 23 24 25 26 27 28 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER Heather Richardson v. Pathlogic Now aka Neogenomics Case No. 2:16-CV-02687-TLN-GGH 1 ORDER 2 3 4 FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties, the deadlines in the Pretrial Scheduling Order (Doc. 23) previously set forth by the Court are revised as follows: 5 6 Event Current Date New Date Expert Disclosures and Reports March 30, 2018 May 30, 2018 Rebuttal Expert Disclosures April 19, 2018 June 19, 2018 Dispositive Motion Hearing Cut-Off July 26, 2018 September 20, 2018 Joint Final Pretrial Conference Statement October 25, 2018 January 3, 2019 Final Pretrial Conference November 1, 2018 January 10, 2019, at 2:00 p.m. Trial January 14, 2019 March 11, 2019, at 9:00 a.m. 7 8 9 10 11 12 13 14 15 16 IT IS SO ORDERED. Dated: April 9, 2018 4813-9362-1568, v. 1 17 18 Troy L. Nunley United States District Judge 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER Heather Richardson v. Pathlogic Now aka Neogenomics Case No. 2:16-CV-02687-TLN-GGH

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