Bhatnagar v. United States of America

Filing 86

ORDER by Magistrate Judge Maria-Elena James granting 85 Stipulation extending deadlines. (rmm2S, COURT STAFF) (Filed on 6/22/2016)

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Stephanie P. Skaff (SBN 183119)
[e-mail]
Alex Reese (SBN 280530)
[e-mail]
Julia F. Kropp (SBN 298363)
[e-mail]

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FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Sanjay Bhatnagar

Brian J. Stretch (SBN 163973)
Acting United States Attorney
Alex G. Tse (SBN 152348)
Chief, Civil Division
Robin M. Wall (SBN 235690)
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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Sanjay Bhatnagar,
Plaintiff,

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Case No. 14-cv-00327-MEJ
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES

vs.

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The United States of America,

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Defendant.

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

Stipulation and [Proposed] Order Extending
Deadlines / Case No. 14-cv-00327-MEJ

31195\5505866.1

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Whereas, on June 7, 2016 the parties participated in a settlement conference before

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Magistrate Judge Beeler. The parties did not reach an agreement, but agreed that further

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settlement discussions may be helpful;

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Whereas the parties discussed with Magistrate Judge Beeler a potential extension of the

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schedule with the goal of facilitating further meaningful settlement discussions in connection with

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summary judgment motions and ahead of trial;

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Whereas, with Magistrate Judge Beeler’s advice, the parties have agreed that extending

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the remaining case deadlines and staging the case to allow for early dispositive motions and a

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hearing on December 22, 2016, would best facilitate further meaningful settlement discussions

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ahead of trial;

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Whereas the parties have also agreed that certain expert disclosures and discovery related

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to mitigation and damages issues can and should be scheduled after summary judgment motions.

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Specifically, the parties have agreed that economic expert reports and medical and vocational

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expert reports concerning plaintiff’s current medical condition, disability status, and ability to

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work should be deferred, which will allow the parties additional time to schedule any necessary

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examinations, to resolve any disputes regarding the conditions of such discovery, and to explore

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potential stipulations regarding these issues.

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Therefore, the parties hereby stipulate and agree that the following deadlines are extended
or implemented as follows, pending the Court’s availability and approval:

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Event
Disclosure of Expert Witnesses
(excluding damages and mitigation
issues)
Disclosure of Rebuttal Expert Witnesses
(excluding damages and mitigation
issues)
Close of Fact Discovery
Deadline to File Dispositive Motions
Hearing on Dispositive Motions

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Current Date
June 27, 2016

Proposed Date
September 16, 2016

July 11, 2016

September 30, 2016

July 24, 2016
August 24, 2016
October 6, 2016
10:00 a.m.

October 21, 2016
November 4, 2016
December 22, 2016
10:00 a.m.

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

Stipulation and [Proposed] Order Extending
Deadlines / Case No. 14-cv-00327-MEJ

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31195\5505866.1

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Event
Disclosure of Additional Expert
Witnesses on damages and mitigation
issues
Disclosure of Additional Rebuttal Expert
Witnesses on damages and mitigation
issues
Close of Expert Discovery
Deadline to File Pretrial Conference
Statement and Related Disclosures,
Exhibit Lists, Motions in Limine, and
Trial Briefs and Related Documents
Deadline to File Motions in Limine
Oppositions
Pretrial Conference

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Final Pretrial Conference
Trial

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Current Date
N/A

Proposed Date
January 20, 2017

N/A

February 3, 2017

N/A
October 13, 2016

February 17, 2017
March 3, 2017

October 20, 2016

March 10, 2017

November 3, 2016
10:00 a.m.
December 1, 2016
10:00 a.m.
December 12, 2016
9:30 a.m.
(Duration: 4 days)

April 5, 2017 at 10:00
a.m.
April 13, 2017 at 10:00
a.m.
May 1, 2017
9:30 a.m.
(Duration: 4 days)

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June 21, 2016

FARELLA BRAUN + MARTEL LLP

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By: /s/ Julia Kropp
Julia Kropp

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Attorneys for Plaintiff Sanjay Bhatnagar

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June 21, 2016

BRIAN J. STRETCH
United States Attorney

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By: /s/ Robin Wall
Robin M. Wall
Assistant United States Attorney

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Attorneys for Defendant United States of
America

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FILER’S ATTESTATION

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In compliance with Civil L.R. Rule 5-1, I hereby attest that all parties have concurred in

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the filing of this Stipulation and (Proposed) Order.

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June 21, 2016

/s/ Julia Kropp
Julia Kropp

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

Stipulation and [Proposed] Order Extending
Deadlines / Case No. 14-cv-00327-MEJ

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31195\5505866.1

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[PROPOSED] ORDER
In accordance with a stipulation between the parties, IT IS ORDERED that the schedule in

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this case be amended as follows:

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Event
Disclosure of Expert Witnesses (excluding
damages and mitigation issues)
Disclosure of Rebuttal Expert Witnesses
(excluding damages and mitigation issues)
Close of Fact Discovery
Deadline to File Dispositive Motions
Hearing on Dispositive Motions

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Disclosure of Additional Expert Witnesses
on damages and mitigation issues
Disclosure of Additional Rebuttal Expert
Witnesses on damages and mitigation
issues
Close of Expert Discovery
Deadline to File Pretrial Conference
Statement and Related Disclosures, Exhibit
Lists, Motions in Limine, and Trial Briefs
and Related Documents
Deadline to File Motions in Limine
Oppositions
Pretrial Conference

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Final Pretrial Conference

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Trial

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Current Date
June 27, 2016

Proposed Date
September 16, 2016

July 11, 2016

September 30, 2016

July 24, 2016
August 24, 2016
October 6, 2016
10:00 a.m.
N/A

October 21, 2016
November 4, 2016
December 22, 2016
10:00 a.m.
January 20, 2017

N/A

February 3, 2017

N/A
October 13, 2016

February 17, 2017
March 3, 2017

October 20, 2016

March 10, 2017

November 3, 2016
10:00 a.m.
December 1, 2016
10:00 a.m.
December 12, 2016
9:30 a.m.
(Duration: 4 days)

April 5, 2017 at 10:00
a.m.
April 13, 2017 at 10:00
a.m.
May 1, 2017
9:30 a.m.
(Duration: 4 days)

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June 22
Date: _____________, 2016

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Honorable Maria-Elena James
United States Magistrate Judge

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

Stipulation and [Proposed] Order Extending
Deadlines / Case No. 14-cv-00327-MEJ

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31195\5505866.1