Mangiaracina et al v. BNSF Railway Company et al

Filing 86

STIPULATION AND ORDER re 85 STIPULATION WITH PROPOSED ORDER re 60 SCHEDULING ORDERfiled by National Railroad Passenger Corporation, BNSF Railway Company. Mediation deadline 3/31/2018. Fact discovery cut-off 2/15/2018. Expert disclos ures 6/8/2018. Expert rebuttal 6/25/2018. Expert discovery cut-off 7/29/2018. Deadline to file dispositive motions 6/6/2018. Pretrial conference statement due 10/2/2018. Final Pretrial Conference set for 10/12/2018 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 10/22/2018 - 11/1/2018 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on October 23, 2017. (wsn, COURT STAFF) (Filed on 10/23/2017)

1
2
3
4

JACOB D. FLESHER, ESQ. – SBN 210565
JASON W. SCHAFF, ESQ. – SBN 244285
JEREMY J. SCHROEDER, ESQ. – SBN 223118
FLESHER SCHAFF & SCHROEDER, INC.
2202 Plaza Drive
Rocklin, CA 95765
Telephone:
[phone]
Facsimile:
[phone]

5
6

Attorneys for defendant,
NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK
and BNSF RAILWAY COMPANY

7
8

IN THE UNITED STATES DISTRICT COURT

9

IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

***

11

JOEL MANGIARACINA and RANEE
CHALOEICHEEP,

12
Plaintiffs,

CASE NO. 16-CV-05270-JST
Contra Costa Co. Sup. Court Case No: C16-01453
Complaint filed: 7/29/16
Trial Date: 10/22/18

13
vs.
14
15
16
17

BNSF RAILWAY COMPANY; NATIONAL
RAILROAD PASSENGER CORPORATION
dba AMTRAK; CONTRA COSTA
TRANSPORTATION AUTHORITY;
CONTRA COSTA COUNTY; and, DOES 1
through 50, inclusive,

18

Defendants.

19
20
21
22

JOINT STIPULATION TO AMEND
SCHEDULING ORDER; PROPOSED ORDER

Assigned to Judge Jon S. Tigar
The parties to the above action, by and through their respective attorneys, stipulate and agree as
follows:
1.

Due to several changes made to the scheduling of deadlines and other dates in this case,

23

the sequence and timing of discovery, mediation and dispositive motion practice are no longer in the

24

sequence which the Court originally set and ordered in this case. As a result, expert discovery,

25

mediation and dispositive motions practice are due to be completed before fact discovery is to be

26

completed.

27
28

2.

Accordingly, the parties have met and conferred on the scheduling of deadlines and

cutoffs in this case, and based on their discussions request that the Court issue a new scheduling order
1
JOINT STIPULATION TO AMEND SCHEDULING ORDER

1

which restructures the dates to conform to the current trial date and the sequence of the original order

2

(5/3/17 Scheduling Order – Doc. 60).

3
4

3.

The parties respectfully request that the Court issue an order setting the following dates

and deadlines {adjusted dates are in italics}:

5

Event

Deadline

6

Mediation deadline

March 31, 2018

7

Fact discovery cut-off

February 15, 2018

8

Expert disclosures

June 8, 2018

9

Expert rebuttal

June 25, 2018

10

Expert discovery cut-off

July 29, 2018

11

Deadline to file dispositive motions

July 6, 2018

12

Pretrial conference statement due

October 2, 2018

13

Pretrial conference

October 12, 2018 at 2:00 p.m.

14

Trial

October 22, 2018 at 8:30 a.m.

15

Estimate of trial length (in days)

Eight

16
17
18

SO STIPULATED AND AGREED.
DATED: October 20, 2017

19

/s/
By _______________________________
JACOB D. FLESHER, ESQ.
JEREMY J. SCHROEDER, ESQ.
Attorneys for defendants,
AMTRAK and BNSF RAILWAY COMPANY

20
21
22
23

FLESHER SCHAFF & SCHROEDER, INC.

DATED: October 20, 2017

HILDEBRAND MCLEOD & NELSON, LLP

24
25
26
27
28

/s/
By _______________________________
PAULA RASMUSSEN, ESQ.
ANTHONY S. PETRU, ESQ.
Attorneys for plaintiffs,
JOEL MANGIARACINA
RANEE CHALOEICHEEP
2
JOINT STIPULATION TO AMEND SCHEDULING ORDER

1

DATED: October 20, 2017

OFFICE OF THE COUNTY COUNSEL

2
/s/
By _______________________________
CHRISTOPHER B. WHITMAN, ESQ.
Attorneys for defendant,
CONTRA COSTA COUNTY

3
4
5
6
7

ORDER
The Court, having considered this mater and finding good cause to amend the scheduling order,

8

hereby sets the following amended case deadlines pursuant to Federal Rule of Civil Procedure 16 and

9

Local Rule 16-10:

10

Event

Deadline

11

Mediation deadline

March 31, 2018

12

Fact discovery cut-off

February 15, 2018

13

Expert disclosures

June 8, 2018

14

Expert rebuttal

June 25, 2018

15

Expert discovery cut-off

July 29, 2018

16

Deadline to file dispositive motions

June 6, 2018

17

Pretrial conference statement due

October 2, 2018

18

Pretrial conference

October 12, 2018 at 2:00 p.m.

19

Trial

October 22, 2018 at 8:30 a.m.

20

Estimate of trial length (in days)

Eight

21
22
23

Counsel may not modify these dates without leave of court. The parties shall comply with the
Court’s standing orders, which are available at cand.uscourts.gov/jstorders.

24

The parties must take all necessary steps to conduct discovery, compel discovery, hire counsel,

25

retain experts, and manage their calendars so that they can complete discovery in a timely manner and

26

appear at trial on the noticed and scheduled dates. All counsel must arrange their calendars to

27

accommodate these dates, or arrange to substitute or associate in counsel who can.

28
3
JOINT STIPULATION TO AMEND SCHEDULING ORDER

1

Trial dates set by this Court should be regarded as firm. Requests for continuances are disfavored.

2

The Court will not consider any event subsequently scheduled by a party, party-controlled witness, expert

3

or attorney that conflicts with the above trial date as good cause to grant a continuance. The Court will not

4

consider the pendency of settlement discussion as good cause to grant a continuance.

5

IT IS SO ORDERED.

6
7
8
9

October 23, 2017
DATE: _____________________

____________________________________
JON S. TIGAR
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
JOINT STIPULATION TO AMEND SCHEDULING ORDER