McAllister v. United States Of America et al

Filing 16

ORDER re 15 STIPULATION WITH PROPOSED ORDER re 9 Case Management Scheduling Order, Case Referred to Mediation filed by Lucy McAllister. Signed by Magistrate Judge Maria-Elena James on 7/9/2012. (rmm2, COURT STAFF) (Filed on 7/9/2012)

1
2
3
4
5
6
7
8
9
10
11
12

BIRNBERG & ASSOCIATES
CORY A. BIRNBERG (SBN 105468)
1083 Mission Street Third Floor
San Francisco, California 94103
Telephone Number: [phone]
Facsimile Number: [phone]
Email: [e-mail]
Attorneys for Plaintiff
MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
ABRAHAM A. SIMMONS (CSBN 146400)
Assistant United States Attorney
450 Golden Gate Avenue, 9th Floor
San Francisco, CA 94102-3495
Ph: 415-436-7264
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
17
18
19
20
21
22
23
24
25
BIRNBERG &
ASSOCIATES
1083 MISSION STREET
Third Floor
SAN FRANCISCO
CA, 94103
TEL [phone]
FAX [phone]

26
27

)
)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES OF AMERICA,
UNITED STATES DEPARTMENT OF )
THE INTERIOR, Ken L. Salazar (in his )
)
capacity as Secretary of the United
)
States Department of the Interior),
National Park Service, Jon Jarvis (in his )
)
capacity as acting Director of the
)
National Park
)
Service), Frank Dean (acting General
Superintendent, Golden Gate Recreation )
)
Area)
)
Defendants.
_________________________________ )
LUCY MCALLISTER

Case No.: 11-CV-03858 MEJ

STIPULATION AND [PROPOSED]
ORDER EXTENDING DISCOVERY
AND TRIAL DATE

28
STIPULATION

-1-

Case No. 11-CV-03858 MEJ

1
2
3

Plaintiff in this Federal Tort Claims Act case is Lucy McAllister. She alleges she
was running on the East Beach area of Crissy Field, part of the Golden Gate National

4
Recreational Area, when her foot was caught on the exposed (or protruding) edge of the
5
6
7
8
9
10
11

cement which caused her to launch into the air and suffer significant injuries to her right
shoulder, arm, and palm.
WHEREAS, on January 31, 2012, this case was ordered to be reassigned and all
hearing dates were cancelled;
WHEREAS, the parties believe this case was not reassigned as there has been no
subsequent order, and both parties have consented to jurisdiction by the Chief Magistrate

12
13
14

Judge, Hon. Maria-Elena James;
WHEREAS, both parties have agreed to a plan for the completion of discovery

15

(Plaintiff has served written discovery and Defendant has responded, and Defendant has

16

served written discovery and Plaintiff is responding). Defendant plans to obtain all of the

17

medical records of the Plaintiff, and then take the deposition of Plaintiff and certain medical

18
19

treaters of plaintiff;
WHEREAS, Plaintiff plans to initially take the deposition of the contractors

20
working on the drainage problems where plaintiff fell;
21
22
23
24
25
BIRNBERG &
ASSOCIATES
1083 MISSION STREET
Third Floor
SAN FRANCISCO
CA, 94103
TEL [phone]
FAX [phone]

26
27

WHEREAS, the parties thereafter plan to mediate the case in November 2012 in
accordance with this Court’s previous referral;
WHEREAS the parties agree that the case management schedule needs to be
adjusted especially in light of the fact that all hearing dates have been cancelled;
THEREFORE the parties agree and respectfully request that the Court make
adjustments to the scheduling order as follows:

28
Fact Discovery Cutoff- October 31, 2012
STIPULATION

-2-

Case No. 11-CV-03858 MEJ

1

Last day to Mediate- November 21, 2012.

2

Disclosure of expert witnesses (including Rule 26 disclosures)- January 4, 2013

3

Disclosure of rebuttal witnesses- January 14, 2013

4

Expert discovery cutoff- February 4, 2013

5

Last date to file dispositive motions- February 18, 2013 February 21, 2013
Motion Hearing Date: March 28,2013
Trial date- Late May or June 2012
July 30, 2013
Respectfully submitted,
Pretrial Conference: 6/27/2013

6
7
8

Final Pretrial Conference: 7/26/2013
Dated: July 6, 2012
BIRNBERG & ASSOCIATES

9
By: ___/s/ Cory A. Birnberg_____
Cory A. Birnberg
Attorneys for Plaintiff

10
11
12

Dated: July 6, 2012

UNITED STATES ATTORNEY

13

By: ___/s/ Abraham A. Simmons_____
Abraham A. Simmons
Assistant U.S. Attorney
Attorneys for Defendant

14
15
[Proposed] ORDER

16
17

Good cause appearing, IT IS SO ORDERED. Pursuant to Civil Local Rule 16-10,

18

the case management schedule is adjusted as set forth in the stipulation. The bench trial is

19

July 30
scheduled for __________________, 2013. Deadlines for counsel to meet and confer and

20
for pretrial documents shall be calculated with reference to this Court’s order dated January
21
22

17, 2012. All other provisions of this Court’s January 17, 2012 scheduling order shall

23

remain in effect.

24

July 9, 2012

_____________________________
Hon. Maria-Elena James
Chief U.S. Magistrate Judge

25
BIRNBERG &
ASSOCIATES
1083 MISSION STREET
Third Floor
SAN FRANCISCO
CA, 94103
TEL [phone]
FAX [phone]

26
27
28
STIPULATION

-3-

Case No. 11-CV-03858 MEJ