McKa et al v. United States Postal Service et al

Filing 11

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/3/2018 ORDERING the 3 Scheduling Order is MODIFIED as follows: Discovery due by 4/27/2018; Expert Reports due by 8/27/2018; Supplemental Expert Reports due by 9/27/2018; Dispositive Motions due by 10/24/2018. (Zignago, K.)

1 PHILLIP A. TALBERT
United States Attorney
2 LYNN TRINKA ERNCE
Assistant United States Attorney
3 501 I Street Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for 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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11 ESTHER SUZANNE McKA and
JAMES MICHAEL McKA,
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Plaintiffs,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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CASE NO. 2:16-CV-03005 MCE EFB
STIPULATION REQUESTING
MODIFICATION OF SCHEDULING
ORDER; ORDER

The parties respectfully request that the Court modify the scheduling order (ECF 3) to extend the

18 discovery cutoff and all subsequent deadlines in this case by one hundred and twenty days. In support of
19 their request, and to show good cause to modify the scheduling order, the parties state the following:
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1.

Plaintiffs filed their original complaint on December 23, 2016. ECF 1.

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2.

Plaintiffs filed an amended complaint on May 2, 2017. ECF 6.

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3.

After being served with the amended complaint in July 2017, the United States timely

23 filed its answer to the amended complaint on September 18, 2017. ECF 9.
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4.

The Court’s scheduling order provides that all discovery, with the exception of expert

25 discovery, shall be completed no later than 365 days from the date the federal case was opened, which is
26 December 26, 2017.
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STIPULATION AND ORDER REQUESTING MODIFIED SCHEDULING
ORDER; ORDER

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5.

The parties have been engaged in discussions in an attempt to determine whether they

2 can reach an early resolution of this case, and those attempts are ongoing. As a result, the parties have
3 not engaged in any formal discovery to date.
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6.

Under the circumstances, with the amended complaint was filed in May 2017, and

5 answered in September 2017, and to allow the parties time to continue to attempt early resolution of this
6 case, the parties believe that good cause exists to modify the scheduling order to extend the discovery
7 cutoff and subsequent dates by 120 days.
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7.

The parties request that the Court modify the scheduling order as follows:
Original Date

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Discovery Cutoff
Expert Reports Due
Supplemental Expert Reports
Dispositive Motion Deadline

Amended Date

December 26, 2017
February 21, 2018
March 23, 2018
June 25, 2018

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April 27, 2018
August 27, 2018
September 27, 2018
October 24, 2018

As required by the scheduling order, the parties will file a Joint Notice of Trial Readiness not

14 later than thirty days after the Court’s rulings on the last filed dispositive motion or, if the parties do not
15 intend to file dispositive motions, not later than thirty days after the designation of supplemental experts.
16 DATED: December 19, 2017
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/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney

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PHILLIP A. TALBERT
United States Attorney

DATED: December 20, 2017

LAW OFFICES OF JOSEPH A. WELCH
/s/ Joseph A. Welch
JOSEPH A. WELCH
Attorney for Plaintiffs

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STIPULATION AND ORDER REQUESTING MODIFIED SCHEDULING
ORDER; ORDER

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing, the Scheduling Order (ECF

3 No. 3) shall be modified as follows:
Original Date

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Discovery Cutoff
Expert Reports Due
Supplemental Expert Reports
Dispositive Motion Deadline

Amended Date

December 26, 2017
February 21, 2018
March 23, 2018
June 25, 2018

April 27, 2018
August 27, 2018
September 27, 2018
October 24, 2018

IT IS SO ORDERED.

9 Dated: January 3, 2018
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STIPULATION AND ORDER REQUESTING MODIFIED SCHEDULING
ORDER; ORDER

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