Richardson v. Path Logic Now
Filing
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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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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
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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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HEATHER RICHARDSON,
Plaintiff,
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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:
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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
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USDC ED CA Local Rules 143 and 144(d) and Federal Rule of Civil Procedure 16(b), hereby
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stipulate and agree as follows:
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WHEREAS, on or about June 16, 2017, this Court, pursuant to Federal Rule of Civil
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Procedure (“FRCP”) 16(b) and the FRCP 26(f) Joint Status Report of the parties, issued a Pretrial
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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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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);
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WHEREAS, the parties worked diligently towards completing fact discovery and
successfully completed fact discovery within the January 31, 2018 deadline;
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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;
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WHEREAS, the Pretrial Scheduling Order includes a March 30, 2018 deadline for expert
disclosures;
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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;
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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;
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WHEREAS, neither party will be prejudiced by a three-month continuance of the current
trial date and related pretrial deadlines; and
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WHEREAS, there have been no previous requests to amend the Pretrial Scheduling
Order.
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NOW THEREFORE, the parties, through their respective counsel, jointly propose and
stipulate to the following:
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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:
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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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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
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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.
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IT IS SO STIPULATED.
Dated: March 30, 2018
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ENSMINGER LAW OFFICES
By: /s/ D. Randall Ensminger (as authorized on 3/30/18)
D. RANDALL ENSMINGER
Attorneys for Plaintiff
HEATHER RICHARDSON
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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
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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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ORDER
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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:
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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.
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IT IS SO ORDERED.
Dated: April 9, 2018
4813-9362-1568, v. 1
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Troy L. Nunley
United States District Judge
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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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