United States of America v. Weaver et al

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/2020 CONTINUING deadlines as follows: Disclosure of Expert Witnesses due by 11/30/2020, Supplemental Expert Disclosure due by 12/31/2020, All Expert Discovery to be completed by 3/1/2021, and all Discovery to be completed by 11/30/2020. (Huang, H)

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1 2 3 4 5 6 JAMES J. BANKS (SBN 119525) jbanks@bw-firm.com ROBERTA LINDSEY SCOTT (SBN 117023) rlscott@bw-firm.com BANKS & WATSON 901 F Street, Suite 200 Sacramento, CA 95814 (916) 325-1000 (916) 325-1004 (facsimile) Attorneys for Defendant MARY SUE WEAVER 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 Case No.: 2:19-CV-02046-KJM-KJN Plaintiff, STIPULATION TO CONTINUE DISCOVERY AND EXPERT WITNESS RELATED DEADLINES; ORDER [FRCP 16(B)(4)] v. MARY SUE WEAVER; NORMAN P. CREIGHTON, individually and as Trustee and Beneficiary of the Norman P. Creighton 1996 Trust; and MORTGAGE LENDER SERVICES, THE HONORABLE KIMBERLY J. MUELLER 16 Complaint Filed: 10/11/19 Trial Date: Not Set Defendants. 17 18 Plaintiff, UNITED STATES OF AMERICA (“Plaintiff”), and defendants, MARY SUE 19 WEAVER and NORMAN P. CREIGHTON, individually and as Trustee and Beneficiary of the Norman 20 P. Creighton 1996 Trust, (collectively “Defendants”), by and through their respective undersigned 21 counsel respectfully submit the following Stipulation for Order to Modify Pre-Trial Scheduling Order 22 and [Proposed] Order pursuant to FRCP 16(b)(4). For good cause as shown herein, the parties seek an 23 extension of 60 days of all fact and expert discovery deadlines set forth in the Pre-Trial Scheduling 24 Order as delineated, infra. 25 26 27 28 {00098296.DOC; 1 } 1 STIPULATION TO CONTINUE DISCOVERY AND EXPERT WITNESS RELATED DEADLINES 1 RECITALS 2 WHEREAS, this Court entered its Status (Pretrial Scheduling) Order on February 25, 2020; 3 WHEREAS, the Status (Pretrial Scheduling) Order recites that: 4 • all discovery shall be completed September 30, 2020; 5 • all designation of expert witnesses and expert written reports shall be served by 6 September 30, 2020; 7 • expert rebuttal disclosures shall be served by October 31, 2020; and 8 • all expert discovery shall be completed by December 31, 2020; 9 10 WHEREAS, Defendants reside in Scottsdale, Arizona; Defendants’ counsels are located in Sacramento and Mather, California; and Plaintiff’s counsel is located in Fresno, California; 11 WHEREAS, the party’s Pre-Trial Scheduling Order was entered prior to the impact of COVID- 12 19. The parties diligently commenced their discovery. However, COVID-19 has impacted and has 13 caused delay to the party’s discovery, including the ability to schedule and conduct depositions; 14 WHEREAS, the filing deadline for dispositive motions is January 31, 2022; the extension of 15 discovery deadlines as stipulated by the parties will not impact this cut-off date or the orderly 16 management of the litigation; 17 WHEREAS, trial in this matter has not been scheduled; 18 WHEREFORE, the parties have met, conferred and agreed, subject to this Court’s approval, to 19 stipulate to continue the deadlines for close of fact and expert discovery for 60 days, as follows: 20 21 22 23 24 25 26 27 28 {00098296.DOC; 1 } 2 STIPULATION TO CONTINUE DISCOVERY AND EXPERT WITNESS RELATED DEADLINES 1 Event Current Date New Date 2 Disclosure of Expert Witnesses Sep. 30, 2020 Nov. 30, 2020 3 Supplemental Expert Disclosure Oct. 31, 2020 Dec. 31, 2020 5 All Expert Discovery to be Completed Dec. 31, 2020 Mar. 1, 2021 6 All Discovery to be Completed Sep. 30, 2020 Nov. 30, 2020 4 7 8 9 10 All other terms of the Court’s February 25, 2020 Status (Pretrial Scheduling) Order to remain in effect. SO STIPULATED. Dated: September ____, 2020 BANKS & WATSON 11 By: JAMES J. BANKS, Attorneys for Defendant MARY SUE WEAVER 12 13 14 Dated: September ____, 2020 WAGNER KIRKMAN BLAINE KLOMPARENS & YOUMANS LLP 15 By: 16 CARL BLAINE, Attorneys for Defendant NORMAN CREIGHTON 17 18 Dated: September ____, 2020 UNITED STATES OF AMERICA 19 By: ROBIN TUBESING, Attorneys for Plaintiff, UNITED STATES OF AMERICA 20 21 22 23 24 ORDER GOOD CAUSE appearing therefore, IT IS SO ORDERED. Dated: September 14, 2020 25 26 weav.2046 27 28 {00098296.DOC; 1 } 3 STIPULATION TO CONTINUE DISCOVERY AND EXPERT WITNESS RELATED DEADLINES

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