Barker v. Osemwingie et al

Filing 56

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/2018 IT IS SO ORDERED The deadline for disclosing experts is 1/3/2019, with any rebuttal experts witness disclosures due by 1/31/2019. Expert discovery shall close on 3/1/2019. Any discover y motions related to expert discovery must be noticed for the hearing to take place by this date and shall be brought in the same manner as motions related to non-expert discovery. In all other respects, the 3/26/2018 Scheduling Order remains in full force and effect. (Reader, L)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants Osemwingie and Ramiscal

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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WILLIAM BARKER,

No. 2:16-cv-03008-JAM-CKD (PC)

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v.
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Plaintiff, STIPULATION AND PROPOSED
ORDER TO MODIFY SCHEDULING
ORDER TO EXTEND EXPERTRELATED DEADLINES BY FORTYFIVE DAYS

OSEMWINGIE, et al.,
Trial Date:
None
Defendants. Action Filed: April 12, 2017

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Under Federal Rules of Civil Procedure 16(b)(4) and Local Rule 143, the parties, through

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their counsel of record, agree to and request a modification of the March 26, 2018 Scheduling

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Order (ECF No. 53) to extend the expert-related deadlines by forty-five days. Good cause exists

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to grant this stipulated request because the parties require more time to disclose expert witnesses.

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A scheduling order may be modified only upon a showing of good cause and by leave of

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Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 609 (describing the factors a court should consider in ruling on such a motion). In

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considering whether a party moving for a schedule modification has good cause, the Court

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primarily focuses on the diligence of the party seeking the modification. Johnson, 975 F.2d at

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609 (citing Fed. R. Civ. P. 16 advisory committee’s notes of 1983 amendment). “The district
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Stipulation to Modify Scheduling Order re Expert-Discovery Deadlines and Proposed Order
(2:16-cv-3008 JAM-CKD)

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court may modify the pretrial schedule ‘if it cannot reasonably be met despite the diligence of the

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party seeking the amendment.’” Id. (quoting Fed. R. Civ. P. 16 advisory committee notes of 1983

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amendment).

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On March 26, 2018, the Court issued a Scheduling Order requiring, as relevant here, the

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parties to exchange expert disclosures by November 19, 2018, and supplemental/rebuttal reports

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by December 17, 2018. (ECF No. 53.) The Court further required that expert discovery be

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completed by no later than January 16, 2019. (Id.) The parties request an extension of the expert-

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discovery deadlines because they require additional time to make expert disclosures and explore

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the possibility of early settlement which may obviate the need for such disclosures and further

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litigation costs. Fact discovery is complete. And the parties’ proposed modification and request

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will not affect any other scheduling deadlines, including the dispositive-motion dates.

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IT IS SO STIPULATED.

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Dated: November 14, 2018

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Respectfully submitted,
XAVIER BECERRA
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General

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/s/ Diana Esquivel

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DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants Osemwingie and
Ramiscal

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Dated: November 14, 2018

Disabled Advocacy Group, APLC

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/s/ Scottlynn J. Hubbard (as authorized
11/14/18)

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SCOTTLYNN J. HUBBARD
Attorney for Plaintiff William Barker

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SA2017304374
33627910.docx

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Stipulation to Modify Scheduling Order re Expert-Discovery Deadlines and Proposed Order
(2:16-cv-3008 JAM-CKD)

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[Proposed] ORDER
Good cause appearing, the parties’ stipulated request to modify the expert-related deadlines
is GRANTED. The March 26, 2018 Scheduling Order (ECF No. 53) is modified as follows:
The deadline for disclosing experts is January 3, 2019, with any rebuttal experts witness
disclosures due by January 31, 2019.

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Expert discovery shall close on March 1, 2019. Any discovery motions related to expert

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discovery must be noticed for the hearing to take place by this date and shall be brought in the

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same manner as motions related to non-expert discovery.

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In all other respects, the March 26, 2018 Scheduling Order remains in full force and effect.

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IT IS SO ORDERED.

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Dated: November 16, 2018

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Modify Scheduling Order re Expert-Discovery Deadlines and Proposed Order
(2:16-cv-3008 JAM-CKD)