Ruffino v. United States of America

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/20/2017 ORDERING the Amended Pretrial Scheduling Order (ECF 11 ) is Amended to combine Phase One and Phase Two Discovery, with a cutoff date of 3/30/2018. All other dates established in the Amended Pretrial Scheduling Order (ECF 11 ) remain in effect. (Becknal, R)

1 PHILLIP A. TALBERT
United States Attorney
2 PHILIP A. SCARBOROUGH (SBN 254934)
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GIANFRANCO RUFFINO,
Plaintiff,

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CASE NO. 2:16-CV-2719-KJM-CKD

v.

JOINT STIPULATION TO COMBINE PHASE ONE
AND PHASE TWO DISCOVERY AND
[PROPOSED] ORDER

UNITED STATES OF AMERICA,
Defendant.

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Plaintiff Gianfranco Ruffino and Defendant the United States of America, by and through their

17 undersigned counsel, jointly stipulate and respectfully request that the Court enter an order modifying
18 the Amended Pretrial Scheduling Order (ECF 11) to combine the two phases of discovery into a single
19 phase, with a cutoff date of March 30, 2018. The requested modification will not affect any other
20 deadline in the Amended Pretrial Scheduling Order.
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Good cause for the modification exists for the following reasons. The Amended Pretrial

22 Scheduling Order established two phases for discovery, with the first phase addressing jurisdictional and
23 liability issues and the second phase addressing damages. The current cutoff for Phase One is December
24 31, 2017. The current cutoff for Phase Two is March 30, 2018. ECF 11 at 2. A number of the
25 witnesses who need to be deposed in connection with Phase One issues have firefighting responsibilities
26 in various state and federal government agencies. Obtaining firm deposition dates for those individuals
27 has been challenging because of the current California fire season. Combining the two phases of
28 discovery will permit the parties to schedule fact depositions during the winter months, outside of the

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JOINT STIPULATION AND REQUEST TO COMBINE PHASE
ONE AND PHASE TWO DISCOVERY AND [PROPOSED]
ORDER

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1 primary fire season. Accordingly, the parties jointly stipulate and request that the two phases of
2 discovery be combined, with a single discovery cutoff date of March 30, 2018. This change will not
3 require alteration of any other dates set by the Amended Pretrial Scheduling Order.
4 Dated: October 13, 2017

PHILLIP A. TALBERT
United States Attorney

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By: /s/ Philip A. Scarborough
PHILIP A. SCARBOROUGH
Assistant United States Attorney
Attorneys for the United States

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Dated: October 17, 2017

CASEY GERRY SCHENK
FRANCAVILLA BLATT &
PENFIELD, LLP

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By: /s/ Angela Jae Chun
Angela Jae Chun
Attorneys for Plaintiff
Gianfranco Ruffino

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[PROPOSED] ORDER
Before the Court is the parties’ joint stipulation and request to modify the Amended Pretrial

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Scheduling Order to combine Phase One and Phase Two of discovery into a single phase, with a
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discovery cutoff date of March 30, 2018.
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Good cause exists to grant the request. Accordingly, the Amended Pretrial Scheduling Order
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(ECF 11) is amended to combine Phase One and Phase Two discovery, with a cutoff date of March 30,
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2018. All other dates established in the Amended Pretrial Scheduling Order (ECF 11) remain in effect.
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SO ORDERED.
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Dated: October 20, 2017
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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JOINT STIPULATION AND REQUEST TO COMBINE PHASE
ONE AND PHASE TWO DISCOVERY AND [PROPOSED]
ORDER

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