United States of America v. Weaver et al
Filing
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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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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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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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
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Complaint Filed: 10/11/19
Trial Date: Not Set
Defendants.
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Plaintiff, UNITED STATES OF AMERICA (“Plaintiff”), and defendants, MARY SUE
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WEAVER and NORMAN P. CREIGHTON, individually and as Trustee and Beneficiary of the Norman
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P. Creighton 1996 Trust, (collectively “Defendants”), by and through their respective undersigned
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counsel respectfully submit the following Stipulation for Order to Modify Pre-Trial Scheduling Order
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and [Proposed] Order pursuant to FRCP 16(b)(4). For good cause as shown herein, the parties seek an
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extension of 60 days of all fact and expert discovery deadlines set forth in the Pre-Trial Scheduling
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Order as delineated, infra.
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{00098296.DOC; 1 }
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STIPULATION TO CONTINUE DISCOVERY AND
EXPERT WITNESS RELATED DEADLINES
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RECITALS
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WHEREAS, this Court entered its Status (Pretrial Scheduling) Order on February 25, 2020;
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WHEREAS, the Status (Pretrial Scheduling) Order recites that:
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all discovery shall be completed September 30, 2020;
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all designation of expert witnesses and expert written reports shall be served by
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September 30, 2020;
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expert rebuttal disclosures shall be served by October 31, 2020; and
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all expert discovery shall be completed by December 31, 2020;
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WHEREAS, Defendants reside in Scottsdale, Arizona; Defendants’ counsels are located in
Sacramento and Mather, California; and Plaintiff’s counsel is located in Fresno, California;
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WHEREAS, the party’s Pre-Trial Scheduling Order was entered prior to the impact of COVID-
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19. The parties diligently commenced their discovery. However, COVID-19 has impacted and has
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caused delay to the party’s discovery, including the ability to schedule and conduct depositions;
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WHEREAS, the filing deadline for dispositive motions is January 31, 2022; the extension of
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discovery deadlines as stipulated by the parties will not impact this cut-off date or the orderly
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management of the litigation;
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WHEREAS, trial in this matter has not been scheduled;
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WHEREFORE, the parties have met, conferred and agreed, subject to this Court’s approval, to
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stipulate to continue the deadlines for close of fact and expert discovery for 60 days, as follows:
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{00098296.DOC; 1 }
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STIPULATION TO CONTINUE DISCOVERY AND
EXPERT WITNESS RELATED DEADLINES
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Event
Current Date
New Date
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Disclosure of Expert Witnesses
Sep. 30, 2020
Nov. 30, 2020
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Supplemental Expert Disclosure
Oct. 31, 2020
Dec. 31, 2020
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All Expert Discovery to be Completed
Dec. 31, 2020
Mar. 1, 2021
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All Discovery to be Completed
Sep. 30, 2020
Nov. 30, 2020
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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
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By:
JAMES J. BANKS,
Attorneys for Defendant
MARY SUE WEAVER
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Dated: September ____, 2020
WAGNER KIRKMAN BLAINE
KLOMPARENS & YOUMANS LLP
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By:
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CARL BLAINE,
Attorneys for Defendant
NORMAN CREIGHTON
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Dated: September ____, 2020
UNITED STATES OF AMERICA
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By:
ROBIN TUBESING,
Attorneys for Plaintiff,
UNITED STATES OF AMERICA
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ORDER
GOOD CAUSE appearing therefore, IT IS SO ORDERED.
Dated: September 14, 2020
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weav.2046
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{00098296.DOC; 1 }
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STIPULATION TO CONTINUE DISCOVERY AND
EXPERT WITNESS RELATED DEADLINES
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