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.)

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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)

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