Feeney v. United States of America

Filing 18

STIPULATION and ORDER signed by District Judge John A. Mendez on 6/24/2020 VACATING the current discovery and dispositive motion deadlines to allow the parties to engage in meaningful settlement negotiations. The parties will provide the Court with a status update in 30 days. At that time, if the parties are not able to reach a resolution or make substantial progress towards resolution, the parties will submit a proposed scheduling order. (Huang, H)

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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]

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Attorneys for Plaintiff KATIE FEENEY

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MCGREGOR W. SCOTT
United States Attorney
CHI SOO KIM
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
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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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. 16]

vs.
UNITED STATES OF AMERICA,
Defendant.

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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 Scheduling Order

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[ECF No. 16]. There is good cause to modify the schedule due to Plaintiff’s complex medical condition,

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

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other claimed injuries; the national health crisis related to COVID-19; and to allow the parties to engage

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

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

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

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across the country. As a result, the parties have not been able to complete Plaintiff’s independent

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medical exams. 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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Plaintiff has served her initial expert disclosures. The parties now respectfully request a

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modification of the scheduling order vacating the current discovery and dispositive motion deadlines to

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allow the parties to engage in meaningful settlement negotiations. The parties note that they do not

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anticipate that dispositive motions will be filed. The parties will provide the Court with a status update

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in 30 days. At that time, if the parties are not able to reach a resolution or make substantial progress

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towards resolution, the parties will submit a proposed scheduling order.

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Schedule

Current

Proposed

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Defendant’s Expert Disclosures

July 5, 2020

Vacated

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Supplemental Expert Disclosures

July 17, 2020

Vacated

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Discovery Cutoff

Sept 25, 2020

Vacated

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Dispositive Motion Filing Deadline

Oct 6, 2020

Vacated

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Last Day for Dispositive Motions to be Heard

Nov 3, 2020

Vacated

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Final Pretrial Conference

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

No Change

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Trial (Bench, 8 days)

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

No Change

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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: June 22, 2020
BOSTWICK & PETERSON, LLP

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By:

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/s/ James Bostwick (authorized 6/22/2020)
_______________________________
James S. Bostwick, Esq.
Attorneys for Plaintiff Katie Feeney

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McGREGOR W. SCOTT
United States Attorney

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Dated: June 22, 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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ORDER

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IT IS SO ORDERED.

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DATED: June 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