Tsiparsky v. Shulkin

Filing 23

STIPULATION AND ORDER extending case schedule. Jury Selection/Trial previously set for 12/10/2018 continued to 2/11/2019 at 09:00 AM. Pretrial Conference previously set for 11/29/2018 continued to 1/31/2019 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 2/2818. (cl, COURT STAFF) (Filed on 2/28/2018)

1 ALEX G. TSE (CABN 152348)
Acting United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 CLAIRE T. CORMIER (CABN 154364)
Assistant United States Attorney
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150 Almaden Boulevard, Suite 900
San Jose, California 95113
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendant
8 David J. Shulkin, M.D.
Secretary of the Department of Veterans Affairs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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VICTORIA TSIPARSKY,

) CASE NO. 3:17-CV-3021 RS
)
Plaintiff,
) STIPULATION AND [PROPOSED] ORDER
) EXTENDING CASE SCHEDULE
v.
)
)
DAVID J. SHULKIN, M.D., SECRETARY OF )
THE DEPARTMENT OF VETERANS
)
AFFAIRS,
)
)
Defendant.

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The parties to the above-entitled action jointly request that the schedule for this case be extended

21 as described herein.
22

After the initial case management conference in this case, the Court issued a scheduling order on

23 December 7, 2017 that included, among other things, a reference to a Magistrate Judge for a settlement
24 conference “to take place, ideally, within the next 90 days.” Counsel for the parties had a conference call
25 with Magistrate Judge Westmore on January 11, 2018. At that time, plaintiff’s counsel advised that he
26 had very recently learned that plaintiff had been hospitalized. Accordingly, a decision on a date for a
27 settlement conference was deferred. Plaintiff’s counsel has advised that plaintiff has now recovered
28 sufficiently to be able to participate in discovery and settlement efforts. Plaintiff’s counsel contacted
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE SCHEDULE
CASE NO. 3:17-CV-3021 RS

1 Judge Westmore’s chambers and was advised that the earliest she could accommodate a settlement
2 conference would be in June.
Accordingly, in order to allow a reasonable amount of time for discovery and settlement efforts,

3

4 the parties propose the following changes to the existing case schedule.
5 Event

Current Date

Proposed Date

6 Fact discovery cutoff

April 13, 2018

June 15, 2018

7 Settlement Conference deadline

March 7, 2018

July 13, 2018

8 Last day dispositive motion hearing

June 28, 2018

August 30, 2018

9 Expert disclosures with reports

August 31, 2018

October 19, 2018

10 Rebuttal expert disclosures and reports

September 28, 2018 November 16, 2018

11 Expert discovery cutoff

November 2, 2018

December 20, 2018

12 Final pretrial conference (10:00 a.m.)

November 29, 2018

January 31, 2019

13 Trial (9:00 a.m.)

December 10, 2018

February 11, 2019

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Respectfully submitted,

15 Dated: February 27, 2018

ALEX G. TSE
ACTING UNITED STATES ATTORNEY

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/s/
By:

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CLAIRE T. CORMIER 1
Assistant U.S. Attorney

.

19 Dated: February 27, 2018
/s/
By:

20

.
FRANK P. SARRO
Attorney for Plaintiff

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[PROPOSED] ORDER
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Pursuant to the stipulation of the parties and good cause appearing, IT IS SO ORDERED.
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2/28

25 Dated:

, 2018
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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1

I, Claire T. Cormier, hereby attest that I have been authorized to submit the electronic
signatures indicated by a “conformed” signature (/s/) within this e-filed document.
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE SCHEDULE
CASE NO. 3:17-CV-3021 RS