Driver v. Pape Kenworth et al

Filing 64

ORDER MODIFYING THE 61 SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/2021. Law and Motions due 3/7/2022; Expert Disclosures due by 12/6/2021; Expert Disclosure Rebuttal due 1/4/2022; and Discovery due by 2/7/2022. The undersigned declines to set final pretrial conference and trial dates at this juncture. Instead, the court orders the parties to submit a Joint Notice of Trial Readiness. (Becknal, R)

1
2
3
4
5
6

CHARLES S. PAINTER (SBN 89045)
REBECCA L. MENENDEZ (SBN 262487)
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825-8201
[phone] Telephone
[phone] Facsimile
Attorneys for Defendant and Third Party Plaintiff,
PAPÉ TRUCKS, INC.

7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

ROGER DRIVER,
Plaintiff,

11
12

vs.

13

PAPÉ TRUCKS, INC. AN OREGON
CORPORATION,

14
15

Defendant.
AND RELATED CROSS-ACTIONS.

16

19
20
21
22
23
24
25
26
27
28

Case No.: 2:17-CV-01968- KJN
ORDER ON STIPULATION TO MODIFY
SCHEDULING ORDER
Action Filed: 09/21/2017
Trial Date: 12/07/2021

WHEREAS plaintiff filed his complaint on September 21, 2017.

17
18

)
)
)
)
)
)
)
)
)
)
)

WHEREAS on March 9, 2018 this court issues its Pre-Trial Scheduling Order which
indicated, among other things, “… that this order shall not be modified except by leave of court
upon a showing of good cause…. “
WHEREAS the court previously modified the order for good cause and issued the current
operative scheduling order on June 25, 2020;
WHEREAS the parties have agreed and stipulated, by and through their respective
undersigned counsel, that due to a delay in completing discovery as a result of the pandemic,
the current scheduling order be modified as follows:
//
//
//
STIPULATION TO MODIFY SCHEDULING ORDER
- 1 17-089/PLEADING.022
CSP;RLM:kc

1
2

Case No.

2:17-CV-01968-KJN

3

Case Name:

DRIVER V. PAPE TRUCKS, INC., et al.

4

MATTER

PROPOSED NEW

COURT’S

DATE

ORDER

October 6, 2021

March 7, 2022

March 7, 2022

July 6, 2021

December 6, 2021

December 6, 2021

August 4, 2021

January 4, 2022

January 4, 2022

September 10, 2021

February 7, 2022

February 7, 2022

October 20, 2021

March 21, 2022

(none set)

December 7, 2021

May 9, 2022

(none set)

CURRENT DATE

5
6

LAW AND

7

MOTION (EXCEPT

8

FOR DISCOVERY

9

MOTIONS)

10

EXPERT

11

DISCLOSURES

12

EXPERT

13

DISCLOSURE

14

REBUTTAL

15

DISCOVERY CUT

16

OFF

17

FINAL PRE-TRIAL

18

CONFERNECE

19

JURY TRIAL

20
21
22
23
24

DATED: June 30, 2021

ERICKSEN ARBUTHNOT
By
CHARLES S. PAINTER
REBECCA L. MENENDEZ
Attorneys for Defendant,
PAPÉ TRUCKS, INC.

25
26
27
28
STIPULATION TO MODIFY SCHEDULING ORDER
- 2 17-089/PLEADING.022
CSP;RLM:kc

1

DATED: June 30, 2021

CUTTER LAW P.C.

2

/s/ Celine E. Cutter as authorized on
6/30/2021
C. BROOKS CUTTER
CELINE E. CUTTER
Attorneys for Plaintiff, ROGER DRIVER

By

3
4
5
6

DATED: June 29, 2021

GIBSON ROBB & LINDH LLP
/s/ R. Hudson Hollister as authorized on
6/29/2021
_________________________________
JOSHUA E. KIRSCH
R. HUDSON HOLLISTER
Attorneys for Plaintiff-In-Intervention,
ACCIDENT FUND INSURANCE
COMPANY OF AMERICA

7

By

8
9
10
11
12

DATED: June 29, 2021

WOOD SMITH HENNING & BERMAN, LLP
/s/ C.G. Brandon Gnekow as authorized
on 6/29/2021
By
__________________________________
CARLA N. BRAUNSTEIN
C.G. BRANDON GNEKOW
Attorneys for Third Party Defendant
JOMAR INVESTMENTS, INC.

13
14
15
16
17
18
19
20
21

ORDER
Pursuant to the parties’ stipulation, the court finds good cause to modify the scheduling
order (ECF No. 61) and adopts the amended deadlines proposed by the parties as set forth in
the chart above. The undersigned declines to set final pretrial conference and trial dates at this

22

juncture, however. Instead, the court orders the parties to submit a Joint Notice of Trial

23

Readiness on one of the following timelines:

24
25
26
27

A. After resolution of any pending dispositive motions, the parties are to submit the Notice
not later than thirty (30) days after receiving the ruling(s) on the last filed dispositive
motion(s); or

28
STIPULATION TO MODIFY SCHEDULING ORDER
- 3 17-089/PLEADING.022
CSP;RLM:kc

1

B. If the parties do not intend to file dispositive motions, the parties are ordered to file the

2

Notice not later than one hundred twenty (120) days after the close of discovery, and

3

the notice must include statements of intent to forgo the filing of dispositive motions.

4
5
6

In the Joint Notice of Trial Readiness, the parties are to set forth the appropriateness of special
procedures, their estimated trial length, any request for a jury, their availability for trial, and if

7

the parties are willing to attend a settlement conference. The Notice shall also estimate how

8

many court days each party will require to present its case, including opening statements and

9

closing arguments. The parties’ estimate shall include time necessary for jury selection, time

10
11
12
13
14

necessary to finalize jury instructions and instruct the jury. After review of the parties’ Joint
Notice of Trial Readiness, the court will issue an order that sets forth dates for a final pretrial
conference and trial.
Dated: July 1, 2021

15
16

driv.1968

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION TO MODIFY SCHEDULING ORDER
- 4 17-089/PLEADING.022
CSP;RLM:kc