Buie v. ESA Management, LLC

Filing 33

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/26/2018 ORDERING the 11/20/2018 deadline for non-expert discovery in the above-captioned action is EXTENDED 1/28/2019. (Washington, S)

1
2
3
4
5

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, ESA MANAGEMENT, LLC, a Delaware
limited liability company

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

FERDINA BUIE,

)
)
Plaintiff,
)
)
vs.
)
)
ESA MANAGEMENT, LLC,
)
)
Defendant.
)
)
_____________________________________ )

Case No.: 2:17-CV-02455-MCE-AC
STIPULATION AND ORDER TO
EXTEND NON-EXPERT DISCOVERY
State Action filed:
1/10/17
Removal to Federal: 11/20/17
Trial Date:
None

17
18
19

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
WHEREAS discovery closes on November 20, 2018, the parties do agree and stipulate

20

between and amongst themselves that due to Plaintiff’s recently scheduled upcoming surgery

21

on November 29, 2018, non-expert discovery will be extended to January 28, 2019.

22

The parties attempted to depose Plaintiff’s surgeon on October 26, 2018, however,

23

unbeknownst to defense and plaintiff’s counsel, Plaintiff had sought treatment with another

24

surgeon and scheduled surgery to occur. The parties agree and stipulate between and amongst

25

themselves, through their respective counsel, to extend non-expert discovery to January 28,

26

2019 to allow Plaintiff sufficient time to recover and additional discovery to be undertaken

27

regarding Plaintiff’s surgery.

28
STIPULATION AND ORDER TO EXTEND NON-EXPERT DISCOVERY
17-040/PLEADING.019
- 1 RLM:dg

1

DATED: November 20, 2018
ERICKSEN ARBUTHNOT

2
3

By

4
5
6
7
8

CHARLES S. PAINTER
REBECCA L. MENENDEZ
Attorneys for Defendant, ESA
MANAGEMENT, LLC, a Delaware
limited liability company sued herein as
DOE 1

DATED: November 20, 2018

9

AMERIO LAW FIRM P.C.

10
11
12

By

JEFFREY FLETTERICK
Attorneys for Plaintiff

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER TO EXTEND NON-EXPERT DISCOVERY
17-040/PLEADING.019
- 2 RLM:dg

1

ORDER

2
3

Pursuant to the stipulation between the Parties (ECF No. 32), the November

4

20, 2018 deadline for non-expert discovery in the above-captioned action is extended

5

to January 28, 2019.

6

IT IS SO ORDERED.

7

Dated: November 26, 2018

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER TO EXTEND NON-EXPERT DISCOVERY
17-040/PLEADING.019
- 3 RLM:dg

1
2

BUIE v. ESA MANAGEMENT
USDC-EASTERN CASE NO.: 2:17-CV-02455-MCE-AC
EA File No. 17-040

3

CERTIFICATE OF SERVICE
[Fed. R. Civ. P. 5(b), 5(d), 6(e) and LR 135]

4
5
6
7

I, the undersigned, hereby certify that I am a citizen of the United States, over the age
of eighteen years and not a party to the within action; my business address is 100 Howe
Avenue, Suite 110 South, Sacramento, California 95825. On this date I served the within:
STIPULATION AND ORDER TO EXTEND NON-EXPERT DISCOVERY

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

( )

BY MAIL

I served a true and correct copy of the above-named documents by mail by placing the
same in a sealed envelope with postage fully prepaid, and depositing said envelope in the U.S.
mail at Sacramento, California. Said envelope(s) was/were addressed as listed hereafter,
pursuant to the Federal Rules of Civil Procedure.
( )

BY PERSONAL SERVICE

I caused to be served by hand a true copy of the above-named document as listed
hereafter.
(XX) ECF SERVICE:
I caused to be served, through the Court's ECF system a true and correct copy of the abovenamed document.
ATTORNEY FOR PLAINTIFF:
Ashley R. Amerio
Jeffrey Fletterick
AMERIO LAW FIRM P.C.
1640 Lead Hill Blvd., Ste. 220
Roseville, CA 95661
[phone]
[phone] fax
[e-mail]
[e-mail]
I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made, and that this declaration was executed on November ___, 2018,
at Sacramento, California.
_____________________________
DARLENE L. GUSTIN
STIPULATION AND ORDER TO EXTEND NON-EXPERT DISCOVERY
17-040/PLEADING.019
- 4 RLM:dg