McQuirter et al v. CDCR, et al
Filing
10
STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 8/2/2022 GRANTING 9 Stipulation. Fact Discovery due by 7/14/2023. Expert witness disclosures will be completed by 8/15/2023. Rebuttal expert witness disclosures will be completed by 9/15/2023. All expert discovery will be completed by 10/10/2023. Dispositive motions will be heard by 12/8/2023.(Perdue, C.)
1
2
3
4
5
6
7
8
ROB BONTA, State Bar No. 202668
Attorney General of California
PETER D. HALLORAN, State Bar No. 184025
Supervising Deputy Attorney General
CAROLYN FRANK, State Bar No. 245479
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 210-7868
Fax: (916) 324-5567
E-mail: Carolyn.Frank@doj.ca.gov
Attorneys for Defendant
California Department of Corrections and
Rehabilitation
9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12
13
JOSEPH MCQUIRTER; JOSEPH L.
MCQUIRTER, DDS, INC., A
CALIFORNIA CORP.,
Plaintiff,
14
17
18
STIPULATION AND ORDER RE
MODIFYING SCHEDULING ORDER
v.
15
16
2:21-CV-01724-KJM-DB
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; MORTON
ROSENBERG, DDS, IN HIS OFFICIAL
CAPACITY AS STATEWIDE DENTAL
DIRECTOR, AND DOES 1 THROUGH 10,
19
Defendant.
20
21
22
Whereas, the Scheduling Order in this case provides that fact discovery must be completed
by September 15, 2022;
23
Whereas the Scheduling Order in this case provides that expert disclosures shall be
24
completed by October 15, 2022 and rebuttal expert disclosures shall be completed by November
25
5, 2022;
26
Whereas a Settlement Conference is scheduled for October 13, 2022;
27
Whereas the Scheduling Order in this case provides that all dispositive motions must be
28
heard no later than January 27, 2023;
1
Stipulation and [Proposed] Order re Modifying Scheduling Order (2:21-CV-01724-KJM-DB)
1
2
3
4
5
6
Whereas Plaintiff’s counsel has been dealing with some health issues that have rendered
him unavailable for discovery between the parties;
Whereas Defendant’s counsel unexpectedly needs to take a leave of absence under the
Family Medical Leave Act for at least eight weeks beginning immediately;
Whereas the parties understand the Scheduling Order can only be modified upon a showing
of good cause and with leave of court;
7
Therefore, the parties stipulate as follows:
8
Good cause exists to modify the Scheduling Order because counsel for both parties have
9
10
11
12
had unexpected medical issues making it impossible for the parties to complete discovery in the
time frame prescribed by the Scheduling Order.
The parties agree to the following modification of dates if such dates are convenient for the
Court:
13
Fact discovery to be completed on or after July 14, 2023
14
Expert Disclosures to be completed on or after August 15, 2023
15
Rebuttal Expert Disclosures to be completed on or after September 15, 2023
16
Expert discovery to be completed on or after October 10, 2023
17
Settlement Conference to be held on or after August 15, 2023
18
Dispositive motions will be heard on or after November 30, 2023
19
Dated: July 27, 2022
Respectfully submitted,
ROB BONTA
Attorney General of California
PETER D. HALLORAN
Supervising Deputy Attorney General
20
21
22
/s/ Carolyn Frank
CAROLYN FRANK
Deputy Attorney General
Attorneys for Defendant
California Department of Corrections and
Rehabilitation
23
24
25
26
By: /s/ Mark Ravis
Mark Ravis, Esq.
Attorney for Plaintiffs Joseph McQuirter,
DDS and Joseph L. McQuirter, DDS, Inc.
27
28
2
Stipulation and [Proposed] Order re Modifying Scheduling Order (2:21-CV-01724-KJM-DB)
1
ORDER
2
The Court finds that good cause exists to modify the Scheduling Order in this case. All
3
pending dates are hereby vacated and the Court orders the following pretrial schedule:
4
Fact discovery will be completed by July 14, 2023.
5
Expert witness disclosures will be completed by August 15, 2023.
6
Rebuttal expert witness disclosures will be completed by September 15, 2023.
7
All expert discovery will be completed by October 10, 2023.
8
Dispositive motions will be heard by December 8, 2023.
9
10
IT IS SO ORDERED.
DATED: August 2, 2022.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation and [Proposed] Order re Modifying Scheduling Order (2:21-CV-01724-KJM-DB)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?