Feeney v. United States of America

Filing 11

STIPULATION AND ORDER signed by District Judge John A. Mendez on 7/26/2019 ADOPTING the parties Stipulation to Modify the Status (Pretrial Scheduling) Order (ECF No. 9 ) as amended by the Court; ORDERING the plaintiff to disclose experts by 1/6/2020 ; ORDERING the defendant to disclose experts by 2/3/2020; ORDERING that supplemental experts be disclosed by 2/21/2020; ORDERING that discovery be completed by 3/20/2020; ORDERING that any dispositive motions be filed by 4/21/2020 and that the hearin g on such motions be noticed for 5/19/2020 at 1:30 PM; CONTINUING the Final Pretrial Conference to 7/17/2020 at 10:00 AM in Courtroom 6 before District Judge John A. Mendez; CONTINUING the Bench Trial to 9/14/2020 at 9:00 AM in Courtroom 6 before District Judge John A. Mendez. (Michel, G.)

1 McGREGOR W. SCOTT
United States Attorney
2 CHI SOO KIM
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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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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KATIE FEENEY,

CASE NO. 2:17-cv-02303 JAM-AC

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Plaintiff,
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v.

JOINT STIPULATION AND ORDER TO
MODIFY THE STATUS (PRE-TRIAL
SCHEDULING) ORDER [ECF No. 8]

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UNITED STATES OF AMERICA,
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Defendant.
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Plaintiff Katie Feeney and Defendant United States respectfully propose and stipulate to modify

17 the Status (Pre-trial Scheduling) Order as set forth below. Status (Pre-trial Scheduling) Order [ECF No.
18 8]. There is good cause to modify the schedule due to Plaintiff’s complex medical condition, which
19 includes disarticulation (i.e., amputation). In order to proceed with and complete both fact and expert
20 discovery, the parties agree that Plaintiff must undergo various medical exams. Due to Plaintiff’s
21 complex medical condition, which includes the coordination of medical care with different physicians at
22 different medical institutions across the country, additional medical treatment and surgeries are being
23 undertaken. Plaintiff’s additional medical treatment and surgeries have been postponed and will not
24 begin until mid to late August. As a result, the parties respectfully request a modification of the
25 scheduling order to allow Plaintiff the time needed to undergo additional medical treatment and
26 surgeries, and to allow the parties to complete fact and expert discovery.
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The parties have been working together cooperatively and will continue to update the Court with

28 the case status. The parties are working towards an efficient resolution of this matter as required and
Feeney v. United States, No. 2:17-cv-02303 JAM-AC
JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

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1 promoted in the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 1.
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Schedule

Current

Proposed

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Plaintiff’s Expert Disclosures

June 14, 2019

Jan. 6, 2020

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Defendant’s Expert Disclosures

July 12, 2019

Feb. 3, 2020

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Supplemental Expert Disclosures

Aug. 9, 2019

Feb. 21, 2020

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Discovery Cutoff

Aug. 9, 2019

March 20, 2020

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Dispositive Motion Filing Deadline

Sep. 10, 2019

April 10, 2020

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Last Day for Dispositive Motions to be Heard

Oct. 8, 2019

May 12, 2020

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Final Pretrial Conference

Dec. 13, 2019

July 14, 2020

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Trial (Bench, 8 days)

Feb. 3, 2020

Sep. 14, 2020

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Respectfully submitted,

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Dated: July 26, 2019

McGREGOR W. SCOTT
United States Attorney

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By: /s/ Chi Soo Kim
Chi Soo Kim
Assistant United States Attorney

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Attorneys for the United States

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19 Dated: July 26, 2019
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BOSTWICK & PETERSON, LLP
/s/ James S. Bostwick
James S. Bostwick, Esq.

(auth’d 7/26/19)

Attorneys for Plaintiff Katie Feeney

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Feeney v. United States, No. 2:17-cv-02303 JAM-AC
JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

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ORDER

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Schedule

Ordered

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Plaintiff’s Expert Disclosures

Jan. 6, 2020

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Defendant’s Expert Disclosures

Feb. 3, 2020

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Supplemental Expert Disclosures

Feb. 21, 2020

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Discovery Cutoff

March 20, 2020

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Dispositive Motion Filing Deadline

April 21, 2020

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Last Day for Dispositive Motions to be Heard

May 19, 2020

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Final Pretrial Conference

July 17, 2020 at 10:00 AM

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Trial (Bench, 8 days)

Sep. 14, 2020 at 9:00 AM

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IT IS SO ORDERED.
Dated: July 26, 2019

/s/ John A. Mendez
HONORABLE JOHN A. MENDEZ
United States District Court Judge

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Feeney v. United States, No. 2:17-cv-02303 JAM-AC
JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

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