Booth et al v. United States of America

Filing 30

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/18/21 MODIFYING the following dates: Expert Discovery Cut Off: 1/28/22; Dispositive Motion Hearing: 3/25/22. (Benson, A.)

1 PHILLIP A. TALBERT
Acting United States Attorney
2 VICTORIA L. BOESCH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RENEE BOOTH, BRADLEY CONVERSE,
K.C.,
Plaintiffs,
v.

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CASE NO. 2:19-cv-01612-KJM-CKD
STIPULATION AND ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER

UNITED STATES OF AMERICA,
Defendant.

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Plaintiffs Renee Booth and Bradley Converse, Jr., individually and as next friends of K.C., a

18 minor, and Defendant the United States agree to adjust the case schedule as follows and respectfully
19 request that the Court modify the scheduling order accordingly. This stipulation is based on good cause
20 as set forth below.
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The initial scheduling conference in this case was held on January 16, 2020, and the parties

22 agreed to a schedule prior to the Covid-19 pandemic. Since that time, the parties have experienced
23 delays and difficulties related to the pandemic, as well as a family medical emergency that caused
24 unavailability of defense counsel. The parties therefore made several previous requests that the Court
25 adjust the schedule to allow them more time for discovery, which it did. See Dkt. 15, 16, 17, 18, 19, 23,
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The parties then pursued discovery, taking depositions via videoconference to allow for social

28 distancing under current pandemic conditions. Plaintiff and Defendant have disclosed experts, with
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
PAGE 1

1 some delay before the Defendant could do so caused by public health restrictions that prevented in2 person medical examinations of the Plaintiff for some time. The parties also engaged in a mediation in
3 early August, after which they determined that expert depositions were necessary. They have now
4 completed some expert depositions, but others had to be rescheduled due to the death of defense
5 counsel’s mother.
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Because of the need to reschedule those expert depositions, the parties respectfully request that

7 the Court modify the scheduling order to adjust the schedule to allow additional time for expert
8 discovery as reflected below.
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Event
Expert Discovery Cut Off
Dispositive Motion Hearing by

Current Date
11/26/21
2/11/22

Proposed New Date
1/28/22
3/25/22

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Respectfully submitted,

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PHILLIP A. TALBERT
Acting United States Attorney

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16 Dated: November 16, 2021
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Dated: November 16, 2021

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By: /s/ Victoria L. Boesch
VICTORIA L. BOESCH
Assistant United States Attorney
Attorneys for the United States
/s/ Laurie Higginbotham (authorized 11/16/21)
LAURIE HIGGINBOTHAM
Whitehurst, Harkness, Brees, Cheng, Alsaffar,
Higginbotham, & Jacob, PLLC
Attorneys for Plaintiffs

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IT IS SO ORDERED. The Court modifies the scheduling order as follows:

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Event
Expert Discovery Cut Off
Dispositive Motion Hearing by

Current Date
11/26/21
2/11/22

Proposed New Date
1/28/22
3/25/22

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27 DATED: November 18, 2021.
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STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
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