Moralez v. Chao et al

Filing 62

STIPULATION AND ORDER TO CONTINUE DATES AS MODIFIED re 57 . Pretrial Conference set for 12/8/2008 02:00 PM. Jury Trial set for 2/2/2009 08:30 AM. Signed by Judge Elizabeth D. Laporte on 9/30/08. (lmh, COURT STAFF) (Filed on 9/30/2008)

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JOSEPH P. RUSSONIELLO (SBN 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 (CSBN 164613) Assistant United States Attorney 450 Golden Gate Avenue, P.O. Box 36055 San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Federal Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FRANCISCA MORALEZ, Plaintiff, v. ELAINE CHAO, Secretary of the U.S. Department of Labor; Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. C07-3807 EDL E-FILING CASE STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES AS MODIFIED

This case is set for a jury trial on December 8, 2008, and pre-trial conference on November 18, 2008. The parties, by and through their respective attorneys, request that the pretrial date be continued to December 8, 2008, and that the trial date be continued to either January 12, January 20, or January 26, 2009, whichever date is most convenient for the Court. The parties request the continuance because all pre-trial filings are currently due on October 29, 2008. Because of expert unavailability and delays relating to pending settlement negotiations, expert discovery, plaintiff's independent medical examination, and certain expert reports cannot be completed until after pre-trial filings are due. The parties stipulate that neither side will suffer any prejudice from a one-month continuance of the trial and pre-trial dates.

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The parties are scheduled for a mandatory settlement conference with Magistrate Judge Edward M. Chen on October 3, 2008. Should the case not settle, plaintiff's IME will occur on October 23, 2008. Dr. Rappaport's report will be served no later than November 5, 2008. Dr. Rappaport's deposition will take place on November 13, 2008. All expert discovery will be completed by November 14, 2008. Should the pre-trial not be continued, then the defense medical examination would have to occur on October 2, 2008, which would impede settlement negotiations.

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney Dated: September 29, 2008 /s/ ANDREW Y.S. CHENG ELLEN M. FITZGERALD Assistant United States Attorney

Dated: September 29, 2008

/s/ MICHAEL SORGEN Attorney for Plaintiff ORDER

The Court, having considered the stipulation of the parties, continues the trial date to February 2, 2009 January 12, 2009. The pre-trial is continued to December 8, 2008. Dr. Rappaport's deposition will take place on November 13, 2008. Expert discovery shall be completed by November 14, 2008. IT IS SO ORDERED.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES, ER 2 C07-3807 EDL

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September 30, 2008 Dated: _______________

D RDERE IS SO O FIED IT _________A__MO__I __________ _ S ___ D _ ELIZABETH D. LAPORTE United States Magistrate Laporte Judge .
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