Chiles v. The Permanente Medical Group

Filing 23

STIPULATION AND ORDER GRANTING EXTENSION TO EXTEND DISCOVERY CUTOFF DATE TO NOVEMBER 8, 2013 AND EXPERT WITNESS DISCLOSURE DATE TO OCTOBER 13, 2013. Signed by Judge Maria-Elena James on 9/24/2013. (mejlc2, COURT STAFF) (Filed on 9/24/2013)

1
2
3
4
5
6
7
8

LLP

9

Steven R. Anthony (SBN 37778)
Jane L. Trigero, Of Counsel (SBN 103575)
KNOX RICKSEN LLP
1300 Clay Street, Suite 500
Oakland, CA 94612-1427
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
THE PERMANENTE MEDICAL GROUP, INC.
Angela L. Morgan (SBN 208585)
LOGAN LAW GROUP
2410 Camino Ramon, Suite 274
San Ramon, California 94583
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
SAM CHILES

10

12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

TEL: [phone]

1300 CLAY STREET, SUITE 500

OAKLAND, CALIFORNIA 94612-1427

L A W
A T
A T T O R N E Y S

K N O X

R I C K S E N

11

15
16

SAM CHILES

17
18
19
20

Plaintiff,
vs.
THE PERMANENTE MEDICAL GROUP
and Does 1 through 50,
Defendants.

21
22

)
)
)
)
)
)
)
)
)
)

CASE NO: C-12-5796 MEJ
STIPULATION TO EXTEND TIME
FOR DISCOVERY CUT-OFF AND
DISCLOSURE OF EXPERT
WITNESSES

_____________________________________ )

23

IT IS HEREBY STIPULATED and agreed by and between parties hereto, through their
24

undersigned counsel of record, as follows:
25

WHEREAS, the discovery cut-off date set by the Case Management Order is October 8,
26

2013.
27

WHEREAS, the expert disclosure cut-off date set by the Scheduling Order was September
28
-1STIPULATION TO EXTEND TIME FOR DISCOVERY CUT-OFF AND DISCLOSURE OF EXPERT WITNESSES

1

13, 2013.

2
3
4

1.

cut-off date from October 8, 2013 to November 8, 2013 and the time to disclose expert witnesses
from September 13, 2013 to October 13, 2012.

5
6

2.

LLP

9
10

3.

TEL: [phone]

1300 CLAY STREET, SUITE 500

OAKLAND, CALIFORNIA 94612-1427

L A W
A T

R I C K S E N

A T T O R N E Y S

K N O X

13
14

plaintiff’s Rule 26 disclosure. Despite the defendant’s timely compliance Plaintiff’s counsel never
did a Rule 26 disclosure, but responded to defendant’s document request on June 5, 2013.
4.

day it was set when plaintiff’s counsel became ill. Due to scheduling conflicts – including a
month-long jury trial – plaintiff’s deposition did not occur until August 28, 2013.
5.

19

6.

22
23
24
25
26
27

Since discovery had just barely commenced and the case was set to be mediated on

September 25, 2013, expert disclosure was not possible since sufficient discovery had not been
completed to determine necessary experts.

20
21

A one-month extension of time for discovery cut-off and disclosure of expert

witnesses will enable both parties to timely and efficiently complete written discovery.

17
18

Plaintiff’s deposition – the only deposition that has taken place - was originally

scheduled for June 10, 2013. The deposition, however, was canceled by plaintiff’s counsel on the

15
16

Defendant’s counsel did not notice the deposition of the plaintiff because the

defense did not want to depose plaintiff before receiving documents and information based upon

11
12

The commencement of discovery in this matter was substantially delayed for

several reasons.

7
8

Based on the progress of this Action, the parties stipulate to extend the discovery

7.

Based upon the scheduling and preparation of the case, good cause exists to extend

the deadlines and further the one-month extension will not prejudice either party or result in undue
delay.
///
///
///
///
///

28
-2STIPULATION TO EXTEND TIME FOR DISCOVERY CUT-OFF AND DISCLOSURE OF EXPERT WITNESSES

1
2
3
4

8.

For these reasons, and good cause appearing, the parties agree and stipulate to

continue the time for discovery cut-off of October 8, 2013 to November 8, 2013 and the time to
disclose expert witnesses from September 13, 2013 to October 13, 2013. All other dates remain as
currently scheduled by the Case Management Order.

5
6

IT IS SO STIPULATED.

7
8

DATED: September 20, 2013

LOGAN LAW GROUP

LLP

9
10

By: /s/
Angela L. Morgan
Attorney for Plaintiff
SAM CHILES

12
13
TEL: [phone]

1300 CLAY STREET, SUITE 500

OAKLAND, CALIFORNIA 94612-1427

L A W
A T
A T T O R N E Y S

K N O X

R I C K S E N

11

14
15

DATED: September 20, 2013

KNOX RICKSEN LLP

16
17
18
19

By: /s/
Jane L. Trigero
Attorneys for Defendant
THE PERMANENTE MEDICAL GROUP,
INC.

20
21
22
23
24
25
26
27
28
-3STIPULATION TO EXTEND TIME FOR DISCOVERY CUT-OFF AND DISCLOSURE OF EXPERT WITNESSES

1
2
3

ORDER
Pursuant to the stipulation of the Parties, and good cause appearing;
IT IS SO ORDERED that:

4

The discovery cut-off period, previously set for October 8, 2013, is continued to November
5

8, 2013.
6

The disclosure of expert witnesses, previously set for September 13, 2013, is continued to
7

October 13, 2013.
S
UNIT
ED

N

F
D IS T IC T O
R

C

12
13
TEL: [phone]

1300 CLAY STREET, SUITE 500

OAKLAND, CALIFORNIA 94612-1427

L A W
A T

R I C K S E N

A T T O R N E Y S

FO

H

ER

LI

RT

11

K N O X

R NIA

_______________________________
Maria-Elena Jamesia-Elena James
ar
Judge M
United States Magistrate Judge
A

10

Dated: September ____, 2013
24

TED
GRAN

NO

LLP

9

RT
U
O

8

S DISTRICT
TE
C
TA

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4STIPULATION TO EXTEND TIME FOR DISCOVERY CUT-OFF AND DISCLOSURE OF EXPERT WITNESSES