Perez et al v. John Muir Health

Filing 97

ORDER by Judge Haywood S. Gilliam, Jr. Granting 95 Stipulation REGARDING CONTINUANCE OF EXPERT DISCOVERY DEADLINE (JUNE 24, 2016). (ndrS, COURT STAFF) (Filed on 6/23/2016)

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JAMES R. ROSEN (SBN: 119438)
[e-mail]
ELIZABETH L. BRADLEY (SBN: 172272)
[e-mail]
ROSEN SABA LLP
9350 Wilshire Blvd. Suite 250
Beverly Hills, CA 90212
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
MARLENE PEREZ AND ROSA CERISANO

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MICHAEL D. BRUNO (SBN: 166805)
[e-mail]
HIEU TRAN (SBN: 280585)
[e-mail]
GORDON & REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
JOHN MUIR HEALTH
(erroneously sued herein as “John Muir Medical
Center”)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARLENE PEREZ, an individual, and )
ROSA CERISANO, an individual,
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Plaintiff,
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vs.
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JOHN MUIR HEALTH, a California
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corporation, JOHN MUIR MEDICAL )
CENTER, an unknown business entity, )
and DOES 1-20, et al
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Defendants.
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)

CASE NO. 15-01792 HSG
STIPULATION AND ORDER
REGARDING CONTINUANCE OF
EXPERT DISCOVERY
DEADLINE (June 24, 2016)

Hon. Judge Haywood S. Gilliam, Jr.
Complaint Filed: April 21, 2015

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STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF EXPERT DISCOVERY
DEADLINE (June 24, 2016) CASE NO. 15-01792 HSG

STIPULATION

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Pursuant to Civil Local Rules 40-1 and 7-12, the Plaintiffs Marlene Perez

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and Rosa Cerisano and Defendant John Muir Health (hereafter collectively referred

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to as “the Parties”), through their attorneys of record, hereby jointly stipulate to

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request a brief extension of the Expert Discovery Deadline (currently June 24),

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and, with regard to one expert only, the deadline to file a motion in limine.
The requested extension will not affect the pre-trial conference (set for

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August 2, 2016) or the trial date (August 22, 2016).
Plaintiffs have identified six non-retained medical experts. Two were

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previously deposed. Defendant noticed all of their depositions for June 23, 2016.

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However, Plaintiffs’ non-retained medical experts are not available for deposition

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until after the Expert Discovery Deadline of June 24, 2016. These are key

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witnesses for the plaintiffs.
Defendant identified Dr. Mark Lipian as a retained medical expert. Plaintiffs

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have noticed Dr. Lipian’s deposition for June 24, 2016, or any other day prior to

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the expert discovery cutoff. However, Dr. Lipian has an annual teaching

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obligation in France and is unavailable for deposition until July 11, 2016. Dr.

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Lipian is a key witness for the defense.
The mandatory settlement conference in this case is scheduled for June 28,

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2016.
The parties propose briefly continuing the Expert Discovery Deadline to

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July 14, 2016. The parties wish to conserve resources and avoid incurring further

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cost and expenses related to expert discovery prior to the mandatory settlement

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conference (June 28). The proposed continuance of the Expert Discovery Deadline

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would allow Plaintiffs to depose Dr. Lipian on a firm date July 11-13, 2016, in Los

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Angeles and for Defendants to depose Plaintiffs’ experts (retained and/or four non-

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retained) after the mandatory settlement conference on June 28, 2016.

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STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF EXPERT DISCOVERY
DEADLINE (June 24, 2016) CASE NO. 15-01792 HSG

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Plaintiffs anticipate filing a motion in limine to exclude all or part of Dr.

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Lipian’s testimony. The parties request that the court allow Plaintiffs to file such a

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motion by July 15, 2016, and for Defendant to file an opposition by July 19, 2016.

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The proposed continuance of this one motion in limine and opposition will provide

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the court with two weeks to review the matter prior to the pretrial conference, set

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for August 2, 2016. The filing deadlines for all other motions in limine would not

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be affected.

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IT IS SO STIPULATED.
Dated: June 22, 2016

GORDON & REES
SCULLY MANSUKHANI, LLP

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By: __________/S/__________
MICHAEL D. BRUNO
HIEU TRAN
Attorneys for Defendant
JOHN MUIR HEALTH

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Dated: June 22, 2016

ROSEN SABA LLP

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By: ______/s/______________
JAMES R. ROSEN
ELIZABETH L. BRADLEY
Attorneys for Plaintiffs
MARLENE PEREZ AND ROSA
CERISANO

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ORDER

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Having considered the Parties’ Joint Stipulation to Continue the Expert

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Discovery Deadline of June 24, 2016, the Court hereby continues the dates as

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requested.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: June 23, 2016___

_________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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1103270/28495637v.1

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STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF EXPERT DISCOVERY
DEADLINE (June 24, 2016) CASE NO. 15-01792 HSG