Doutherd v. Montesdeoca, et al

Filing 58

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/26/2018 ORDERING the following deadlines EXTENDED: Any discovery motion is EXTENED to 12/21/2018; The deadline for these motions to be heard is EXTENED to 1/9/2019; Expert designations is EXTENED to 3/22/2019; Designations of rebuttal experts is EXTENED to 4/12/2019. Expert discovery is EXTENED to 9/30/2019(Washington, S)

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50 California Street, Suite 1700
San Francisco, California 94111

Hunton Andrews Kurth LLP

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HUNTON ANDREWS KURTH LLP
EMILY BURKHARDT VICENTE (SBN 263990)
D. ANDREW QUIGLEY (SBN 280986)
Email: [e-mail]
Email: [e-mail]
550 S. Hope Street, Suite 2000
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
HUNTON ANDREWS KURTH LLP
KAREN JENNINGS EVANS (SBN 197046)
Email: [e-mail]
50 California Street, Suite 1700
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
UPS GROUND FREIGHT, INC.
erroneously named as United Parcel Service, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE DOUTHERD,

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Plaintiff,

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v.

CASE NO. 2:17-CV-02225-MCE-EFB
STIPULATION AND ORDER REGARDING
EXPERT DISCOVERY AND FACT
DISCOVERY DISPUTE DEADLINES

DORIS MARIE MONTESDEOCA, ESTATE
Complaint Filed: August 25, 2018
OF LUCILLE J. SMITH, DECEASED,
UNITED PARCEL SERVICE, INC., LIBERTY Judge: Hon. Morrison C. England, Jr.
MUTUAL INSURANCE COMPANY, AND
DOES 1-30,
Defendants.

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STIPULATION AND ORDER REGARDING
EXPERT DISCOVERY AND FACT DISCOVERY DISPUTE DEADLINES

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I.

INTRODUCTION

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The Parties, Plaintiff Tyrone Doutherd, (“Plaintiff”) and Defendants Harmony Home Care,

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Inc., Estate of Lucille J. Smith, UPS Ground Freight, Inc. and Liberty Mutual Insurance Company,

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(collectively “Defendants”), through their respective attorneys of record, hereby jointly stipulate to,

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and request the Court’s approval of, the following extended deadlines:

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Discovery motions to be filed by December 21, 2018;

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Expert disclosures to be made by March 22, 2019; and

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Expert rebuttal disclosures to be made by April 12, 2019.

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II.

RECITALS/GROUNDS FOR RELIEF

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San Francisco, California 94111

Pursuant to Rule 16, a party may seek modification of a scheduling order, including

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Hunton Andrews Kurth LLP

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modification of a discovery cut-off date, “only for good cause and with a judge’s consent.” Fed. R.

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Civ. P. 16(b)(4). “Good cause” exists only when a scheduling deadline “cannot reasonably be met

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despite the diligence of the party seeking the extension.” Schafferner v. Crown Equipment

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Corporation, No. C09-00284 SBA, 2011 WL 6303408, at *2 (N.D. Cal. Dec. 16, 2011) (citing

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609, (9th Cir. 1992). A party may establish

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good cause by showing:

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that [he or she] was diligent in assisting the court in creating a workable Rule
16 order; (2) that [he or she] noncompliance with a Rule 16 deadline occurred or will
occur, notwithstanding [his or her] diligent efforts to comply, because of the
development of matters which could not have been reasonable foreseen or anticipated
at the time of the Rule 16 scheduling conference; and (3) that [he or she] was diligent
in seeking amendment of the Rule 16 order, once it became apparent that he or she
could not comply with the order.

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Hood v. Hartford Life & Accident Inc., Co., 567 F.Supp.2d 1221, 1224 (E.D. Cal. 2008)
(citation omitted).
WHEREAS on October 25, 2017, this Court issued a scheduling order setting certain case
deadlines.
WHEREAS October 10, 2018, the Court adopted the parties’ Stipulation to Extend
Discovery Cut-Off Dates which extended the non-expert discovery deadline to December 14, 2018;

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STIPULATION AND ORDER REGARDING
EXPERT DISCOVERY AND FACT DISCOVERY DISPUTE DEADLINES

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WHEREAS the parties have scheduled depositions on November 30, and December 3-5 and
anticipate completing discovery by the December 14, 2018 deadline;
WHEREAS the parties anticipate they may need the Court’s assistance to rule on a few fact
discovery disputes provided they cannot resolve them;

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WHEREAS the Initial Pretrial Scheduling Order provided that expert designations should be

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served no later than 60 days after the close of fact discovery and rebuttal expert designations should

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be served within 30 days after the initial expert designations;

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WHEREAS the Parties believe that some or all matters on which they may designate expert
testimony may be impacted by the Court’s ruling on one or more Defendants’ forthcoming motion(s)

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San Francisco, California 94111

for summary judgment. As a result, the parties agree that in the interest of efficiency and to save

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Hunton Andrews Kurth LLP

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costs that may be mooted by the Court’s rulings, expert designations and expert discovery should be

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extended to allow for the possibility that a party may file a dispositive motion prior to the date expert

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disclosure is required, but may also wait to file a dispositive motion until after expert designations

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have been made;

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WHEREAS under the Court’s Initial Scheduling Order and the October 10, 2018 Order,
dispositive motions must be filed by June 12, 2019;
WHEREAS the extensions stipulated to and requested herein will not impact the dispositive
motion deadline.

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THEREFORE, THE PARTIES STIPULATE AND AGREE TO THE FOLLOWING:

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1. To set the deadline by which all fact discovery motions must be filed to December 21,

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2018;

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2. To set the deadline for expert designations to March 22, 2019;

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3. To set the deadline for designations of rebuttal experts to April 12, 2019; and

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4. To set the deadline for completion of expert discovery to September 30, 2019.

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The parties respectfully request that the Court adopt the parties stipulation and extend the

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motion to compel and expert disclosure deadlines as set forth herein.

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SO STIPULATED.

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STIPULATION AND ORDER REGARDING
EXPERT DISCOVERY AND FACT DISCOVERY DISPUTE DEADLINES

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Dated: November 20, 2018

BERMAN, BERMAN, BERMAN,
SCHNEIDER & LOWARY, LLP

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__/s/ Amanda F. Riley______
Amanda F. Riley
Attorney for Defendant
Harmony Home Care, Inc.

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Dated: November 20, 2018

POWERS MILLER
/s/ Eric F. Della Santa_
(as authorized on Nov. 20, 2018)_
Eric F. Della Santa
R. James Miller
Attorney for Defendants
Estate of Lucille J. Smith

Dated: November 20, 2018

HUNTON & WILLIAMS, LP
_/s/ Emily Burkhardt Vicente
Emily Burkhardt Vicente
D. Andrew Quigley
Attorney for Defendant
United Parcel Service, Inc.

Dated: November 20, 2018

MCCURDY & MILLER, LLP
/s/ Kevin G. McCurdy
(as authorized on Nov. 20, 2018)_
Kevin G. McCurdy
Robert J. Scott, Jr.
Attorney for Defendant
Liberty Mutual Insurance Co.

Dated: November 20, 2018

LAW OFFICES OF ELLEN DOVE
_/s/ Ellen C. Dove_
(as authorized on Nov. 20, 2018)_
Ellen C. Dove
Attorney for Plaintiff
Tyrone Doutherd

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San Francisco, California 94111

Hunton Andrews Kurth LLP

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STIPULATION AND ORDER REGARDING
EXPERT DISCOVERY AND FACT DISCOVERY DISPUTE DEADLINES

ORDER

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The Stipulation of the Parties (ECF No. 53) is accepted and the deadline by which

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any discovery motion should be filed is extended up to and including December 21, 2018.

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The deadline for discovery motions to be heard is extended up to and including January 9,

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2019. The deadline for expert designations is extended up to and including March 22,

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2019. The deadline for designations of rebuttal experts is extended up to and including

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April 12, 2019. The deadline for expert discovery is extended up to and including

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September 30, 2019.

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IT IS SO ORDERED.

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Dated: November 26, 2018

50 California Street, Suite 1700
San Francisco, California 94111

Hunton Andrews Kurth LLP

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022749.0000216 EMF_US 71251636v3

STIPULATION AND ORDER REGARDING
EXPERT DISCOVERY AND FACT DISCOVERY DISPUTE DEADLINES