Moralez v. Chao et al

Filing 48

STIPULATION AND ORDER TO EXTEND Deadlines for Expert Discovery re 44 . Signed by Judge Elizabeth D. Laporte on 9/3/08. (lmh, COURT STAFF) (Filed on 9/3/2008)

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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 ANDREW Y. S. CHENG Deputy Chief, Civil Division 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102-3495 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) Plaintiff, ) ) v. ) ) ) ELAINE CHAO, SECRETARY OF THE ) U.S. DEPARTMENT OF LABOR; U.S. ) DEPARTMENT OF LABOR ) EMPLOYMENT STANDARDS ) ADMINISTRATION ) ) ) Defendant. ) ____________________________________) FRANCISCA MORALEZ, Case No. C 07-3807 EDL STIPULATION AND JOINT MOTION TO EXTEND DEADLINES FOR EXPERT DISCOVERY; [PROPOSED] ORDER

In accordance with Rule 6-2 of the Local Civil Rules for the Northern District of California, and subject to this Court's approval, plaintiff, Francisca Moralez, and defendants, Elaine Chao, Secretary of the U.S. Department of Labor, and the U.S. Department of Labor Employment Standards Administration ("defendants"), hereby stipulate and agree to extend the deadlines for completion of expert discovery. This request will cause no change to the trial date or the pretrial conference date. 1. This is an action for alleged disability discrimination in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. By her complaint, plaintiff alleges that defendants failed to
STIPULATION AND JOINT MOTION TO EXTEND DEADLINES FOR EXPERT DISCOVERY Case No. C 07-3807 EDL

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provide her with reasonable accommodation and, as a result, the conditions of her employment became so difficult that she was forced to retire on a disability pension. Plaintiff is seeking damages for alleged emotional distress and economic losses. 2. Fact discovery, with the exception of the deposition of Alberto Rocha, plaintiff's former supervisor, was completed on July 18, 2008. The Court granted the parties' request to extend fact discovery for the sole purpose of taking Mr. Rocha's deposition. Defendants have noticed Mr. Rocha's deposition for September 11, 2008. 3. The parties participated in court-ordered mediation on March 25, 2008 and August 5, 2008. While the parties were unable to reach a settlement, they were able to make significant progress toward a resolution of this matter. 4. After the August 5, 2008 mediation, defendants requested that plaintiff stipulate to the assignment of this case to a Magistrate Judge for a settlement conference. Plaintiff is considering defendants' request. 5. The parties are currently required to designate experts on September 5, 2008. Rebuttal experts are to be disclosed on September 19, 2008. Expert discovery is set to close on September 26, 2008. 6. In preparation for her expert disclosure, plaintiff will incur substantial costs. 7. The parties are currently engaged in ongoing settlement discussions. It is very likely that the parties will agree to a settlement conference with a Magistrate Judge. The requested extension will allow the parties to continue to attempt to settle this case, without plaintiff incurring the costs of expert discovery. 8. Also, by order dated August 29, 2008, this Court granted defendants' motion to compel plaintiff to submit to independent mental and physical examinations. 9. The requested extension will give defendants' experts sufficient time to schedule their examinations and complete their written reports. 10. This extension will cause no change to the deadline for filing dispositive motions, the pre-trial conference date or the trial date. This is the second request for an extension of this deadline.
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11. Therefore, the parties jointly request that the Court extend the dates for expert disclosure and the cut-off of expert discovery as follows: Initial Expert Designation: September 26, 2008

Rebuttal Expert Designation: October 10, 2008 Expert Discovery Cut-off: October 17, 2008

IT IS SO STIPULATED. Dated: September 1, 2008 Respectfully submitted, LAW OFFICES OF MICHAEL S. SORGEN By: /s/ MICHAEL S. SORGEN Attorney for Plaintiff

Dated:September 1, 2008 JOSEPH P. RUSSONIELLO United States Attorney By: /s/ ELLEN M. FITZGERALD Assistant United States Attorney Attorney for Defendants

APPROVED AND SO ORDERED. The Court hereby extends the deadline for designation of experts until September 26, 2008. The deadline for rebuttal experts is extended until October 10, 2008. Close of expert discovery is October 17, 2008. All other dates remain the same.
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HON. ELIZABETH LAPORTE United States Magistrate JudgeD ERE
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9/3/2008 DATED: ____________

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