Navarrette et al v. United States Of America

Filing 69

ORDER GRANTING 68 Stipulated Joint Motion to Extend Deadlines for Completion of Mediation and Expert Discovery. Signed by Judge Jeffrey S. White on 11/25/08. (jjo, COURT STAFF) (Filed on 11/25/2008)

Case 3:04-cv-00760-JSW

Document 68

Filed 11/24/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BARBARA L. BOZMAN-MOSS (CSBN 129275) Bozman-Moss & Watson 700 College Avenue Santa Rosa, CA 95404 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorney for Plaintiffs JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division ELLEN M. FITZGERALD (NY 2408805) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102-3495 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) ) Defendant. ) ____________________________________) RICARDO ANGEL NAVARRETTE and KELLY KASLAR,

Case No. CV 04-0760 JSW STIPULATION AND JOINT MOTION TO EXTEND DEADLINES FOR COMPLETION OF MEDIATION AND EXPERT DISCOVERY; [PROPOSED] ORDER

Subject to this Court's approval, plaintiff, Ricardo Angel Navarrette, and defendant, the United States of America, by and through their undersigned counsel, hereby stipulate and agree to continue the deadlines for completion of expert discovery and the further court-connected
STIPULATION AND JOINT MOTION TO EXTEND DEADLINE FOR COMPLETION OF MEDIATION AND EXPERT DISCOVERY C 04-0760 JSW

Case 3:04-cv-00760-JSW

Document 68

Filed 11/24/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

mediation. This Federal Tort Claims Act case is currently set for bench trial beginning on April 27, 2009. The pre-trial conference will take place on April 6, 2009. This request will cause no change to the pre-trial conference date or the trial date. The parties have completed factual discovery. The additional time is necessary to allow the parties to conduct the depositions of expert witnesses. One of plaintiff's experts, Dr. Alex Battaglia, is currently out of the country on sabbatical. Defendant intends to conduct his deposition upon his return to the United States in early January. Plaintiff's expert, Lisa Davidson, Ph.D., was unable to complete her report prior to November 17, 2008, the date on which defendant noticed her deposition. Defendant has re-scheduled her deposition for January 12, 2009. Plaintiff also intends to conduct the depositions of defendant's experts, William Hooker, Ph.D., Andrew O'Brien, and Margo Ogus. In the absence of expert testimony, the parties agreed that they lacked sufficient information to engage in a meaningful mediation session. The parties conferred with the mediator, Christopher Johns, and scheduled a further mediation session for January 28, 2009. The parties therefore jointly request that the Court extend the deadline for the completion of expert discovery from December 5, 2009 until February 27, 2009, and the deadline for the completion of further court-connected mediation from November 24, 2008, until February 27, 2009. IT IS SO STIPULATED. // // // // // // //
STIPULATION AND JOINT MOTION TO EXTEND DEADLINE FOR COMPLETION OF MEDIATION AND EXPERT DISCOVERY 2 C 04-0760 JSW

Case 3:04-cv-00760-JSW

Document 68

Filed 11/24/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: November 24, 2008 Respectfully submitted, JOSEPH RUSSONIELLO United States Attorney By: /s/ ELLEN M. FITZGERALD Assistant United States Attorney Attorney for Defendant BOZMAN-MOSS & WATSON

By:

/s/ BARBARA BOZMAN-MOSS Attorney for Plaintiff

APPROVED AND SO ORDERED. The Court hereby extends the deadline for the completion of expert discovery until February 27, 2009, and the deadline for completion of further court-connected mediation until February 27, 2009. All other dates are to remain the same. November 25 DATED: _________, 2008

__________________________ HON. JEFFREY S. WHITE United States District Judge

STIPULATION AND JOINT MOTION TO EXTEND DEADLINE FOR COMPLETION OF MEDIATION AND EXPERT DISCOVERY C 04-0760 JSW