Dotson v. United States Of America et al

Filing 58

STIPULATION AND ORDER TO MODIFY THE PRETRIAL AND TRIAL SCHEDULE. Signed by Judge Susan Illston on 11/01/10. (sis, COURT STAFF) (Filed on 11/1/2010)

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JAMES A. ZITO, SBN 96272 Attorney at Law 611 "L" Street, Suite A Eureka, CA 95501 Tel: [phone] Fax: [phone] Attorneys for Plaintiff MELINDA HAAG (CABN 132612) United States Attorney JOANN M. SWANSON (CABN 88143) Chief, Civil Division MICHAEL T. PYLE (CABN 172954) Assistant United States Attorney MELISSA K. BROWN (CABN 203307) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Defendant: United States of America NANCY K. DELANEY, SBN 70617 NICHOLAS R. KLOEPPEL, SBN 186165 MITCHELL, BRISSO, DELANEY & VRIEZE Attorneys at Law 814 Seventh Street P. O. Drawer 1008 Eureka, CA 95502 Tel: [phone] Fax: [phone] Attorneys for Defendants, Zazueta, Wallace, Hamreus and Strachan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MALINDA DOTSON, ) ) ) ) ) ) ) ) ) ) No. C 08-04291 SI STIPULATION AND [PROPOSED] ORDER TO MODIFY THE PRETRIAL AND TRIAL SCHEDULE

23 Plaintiff, 24 v. 25 UNITED STATES OF AMERICA, et al. 26 Defendant. 27 28

S T I P U L A T I O N AND [PROPOSED] ORDER - C 08-04291 SI

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The parties in this case respectfully request modification of the existing Scheduling Order as follows: WHEREAS, pursuant to the Order entered by this Court on August 24, 2010, pursuant to Stipulation of the Parties ("Scheduling Order"), expert disclosures were due on September 24, 2010; WHEREAS, on September 24, 2010, the Federal Defendant served its expert disclosures and written reports for its retained experts timely and consistent with Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure and the Standing Order of this Court; WHEREAS, the Plaintiff served expert disclosures, but failed to provide a written report for her retained expert as required by Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, and the Individual Defendants likewise served expert disclosures, but failed to provide a written report as required by Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure for retained experts; WHEREAS, on September 27, 2010, the Federal Defendant sent written correspondence to counsel for Plaintiff requesting written reports as required by Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure by October 8, 2010, but that request was unanswered; WHEREAS, on or about September 27, 2010, the Federal Defendant communicated telephonically with counsel for the Individual Defendants to request a written expert report; WHEREAS, on October 13, 2010, the Federal Defendant sent a second written correspondence to counsel for Plaintiff and counsel for the Individual Defendants requesting written reports as required by Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure and was told the reports were forthcoming, but no exact date was given although one was requested; WHEREAS, on October 22, 2010, the Federal Defendant was informed that a written expert report from Plaintiff's retained expert would be provided on October 25, 2010, and counsel for the Individual Defendants requested a scheduling conference call due to a death in her practice; WHEREAS, the written report from Plaintiff's expert was not provided until October 27, 2010, and where Plaintiff's expert reviewed the reports submitted by the Federal Defendant on
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September 24, 2010; WHEREAS, on October 29, 2010, the expert for the Individual Defendants provided his written report; WHEREAS, the parties met and conferred telephonically on October 26, 2010, and have agreed to and respectfully request a modification in the pretrial and trial schedule in this action as follows: The Federal Defendant's experts shall have until December 10, 2010 to provide rebuttal and or supplemental written reports; the close of expert discovery shall be January 28, 2011; the last day to file a dispositive motion shall be March 4, 2011, and the last day for hearing on dispositive motions shall be April 15, 2011; the settlement conference currently scheduled for November 17, 2010 shall be continued to the week of February 28, 2011, and reassigned to a Magistrate Judge located in San Francisco, California for the convenience of Plaintiff; the trial shall be continued to June 13, 2011. IT IS SO STIPULATED DATED: October 29, 2010 Respectfully submitted, MELINDA HAAG United States Attorney /s/ Melissa Brown ________________________________ MELISSA K. BROWN MICHAEL T. PYLE Assistant United States Attorney DATED: October 29, 2010 LAW OFFICES OF JAMES A ZITO, /s/ James Zito ________________________________ JAMES A. ZITO Attorneys for Plaintiff, Malinda Dotson DATED: October 29, 2010 MITCHELL, BRISSO, DELANEY & VRIEZE, /s/ Nancy Delaney ________________________________ NANCY K. DELANEY Attorneys for Individual Defendants, Zazueta, Wallace, Hamreus and Strachan
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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: _________________ 11/01/10 SO ORDERED

[PROPOSED] ORDER Pursuant to stipulation of the parties, the Federal Defendant's experts shall have until December 10, 2010 to provide rebuttal and or supplemental written reports; the close of expert discovery shall be January 28, 2011; the last day to file a dispositive motion shall be March 4, 2011, and the last day for hearing on dispositive motions shall be April 15, 2011; the settlement conference currently scheduled for November 17, 2010 shall be continued to the week of February 28, 2011, and reassigned to a Magistrate Judge located in San Francisco, California for the convenience of Plaintiff; the trial shall be continued to June 13, 2011.
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