Feeney v. United States of America

Filing 16

STIPULATION AND ORDER signed by District Judge John A. Mendez on 4/24/2020 CONTINUING the following dates: Plaintiff's Expert Disclosure: 5/22/2020; Defendant's Expert Disclosures: 7/5/2020; Supplemental Expert Disclosures: 7/17/2020; D iscovery Cutoff: 9/25/2020; Dispositive Motions Filing: 10/13/2020; Last Day for Dispositive Motions to be Heard: 11/10/2020 at 1:30 p.m.; Final Pretrial Conference set for 1/8/2021 at 10:00 AM and Bench Trial set for 2/8/2021 at 09:00 AM, BOTH in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)

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James S. Bostwick (SB# 042718)
Blake P. Bostwick (SB# 289317)
BOSTWICK & PETERSON, LLP
591 Redwood Highway, Suite 2350
Mill Valley, CA 94941
Telephone
: [phone]
Fax
: [phone]
Attorneys for Plaintiff
KATIE FEENEY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KATIE FEENEY,
CASE NO. 2:17-CV-02303 JAM-AC
Plaintiff,

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JOINT STIPULATION AND ORDER TO
MODIFY THE SCHEDULING ORDER
[ECF NO. 14]

vs.
UNITED STATES OF AMERICA and DOES 1
through 100, inclusive,

(AS MODIFIED BY THE COURT)

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Defendants.

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Plaintiff Katie Feeney and Defendant United States respectfully propose and stipulate to modify

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the current scheduling order as set forth below. Joint Stip. and Order to Modify the Status (Pre-trial

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Scheduling) Order [ECF No. 14]. There is good cause to modify the schedule due to Plaintiff’s complex

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medical condition, which includes disarticulation (i.e., amputation) of her right leg at the hip, damage to

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the left leg and other claimed injuries. In order to proceed with and complete both fact and expert

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discovery, the parties agreed that Plaintiff must undergo various medical exams. Due to Plaintiff’s

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complex medical condition, which includes the coordination of medical care with different physicians at

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different medical institutions across the country, additional medical treatment and surgeries were

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undertaken by her during the summer and fall of 2019. After completing these procedures, Plaintiff

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began her independent medical exams in the fall but was not able to complete them due to her various

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JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY THE SCHEDULING ORDER

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medical complications. The parties were cooperating in an attempt to re-schedule them. Unfortunately,

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due to the national health crisis related to COVID-19, Plaintiff could not and still cannot, fly across the

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country. In addition, other discovery cannot proceed due to the national health crisis, including

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depositions. Because this is a medical malpractice case, many of the potential fact and expert witnesses

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are medical doctors and medical care providers who are located across the country.

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As a result, the parties respectfully request a modification of the scheduling order to allow the

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parties to complete fact and expert discovery. Plaintiff has informally exchanged several medical reports

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of her damages experts and expects to supply the last two to Defendant this week. Plaintiff has also

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supplied several liability expert reports to Defendant and expects to provide the rest of her reports

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shortly. Plaintiff has agreed to cooperate fully with any additional medical evaluations Defendant feels

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are necessary as soon as safe travel is possible.

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The parties have been working together cooperatively and will continue to update the Court with

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the case status. The parties are working towards an efficient resolution of this matter as required and

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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

April 24, 2020

May 22, 2020

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Defendant’s Expert Disclosures

June 5, 2020

July 5, 2020

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Supplemental Expert Disclosures

June 25, 2020

July 17, 2020

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Discovery Cutoff

July 24, 2020

Sept 25, 2020

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Dispositive Motion Filing Deadline

Aug. 18, 2020

Oct 13, 2020

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-

Last Day for Dispositive Motions to be Heard

Sep. 15, 2020

Nov 10, 2020

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At 1:30 p.m.
Final Pretrial Conference

Oct. 16, 2020

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Jan. 8, 2021 at
10:00 a.m.

Trial (Bench, 8 days)

Nov. 16, 2020

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Feb. 8, 2021
at 9:00 a.m.

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JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY THE SCHEDULING ORDER

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Respectfully submitted,

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Dated: April 23, 2020
BOSTWICK & PETERSON, LLP

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By:

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/s/ James Bostwick
_______________________________
James S. Bostwick, Esq.
Attorneys for Plaintiff Katie Feeney

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McGREGOR W. SCOTT
United States Attorney

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Dated: April 23, 2020
By:

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/s/ Chi Soo Kim
Chi Soo Kim, Esq.
Assistant United States Attorney
Attorneys for the United States

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IT IS SO ORDERED.

(AS MODIFIED BY THE COURT)

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DATED: April 24, 2020
/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

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JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY THE SCHEDULING ORDER