Berndt et al v. California Department of Corrections et al

Filing 521

ORDER by Judge Hamilton denying 512 administrative motion; modifying pretrial schedule (pjhlc2, COURT STAFF) (Filed on 6/18/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARTHA BERNDT, et al.,
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Plaintiffs,

No. C 03-3174 PJH

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v.
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For the Northern District of California

United States District Court

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CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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ORDER MODIFYING PRETRIAL
SCHEDULE

Defendants.
_______________________________/

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Before the court is plaintiffs’ administrative motion to modify the pretrial scheduling

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order, filed on June 11, 2013. Defendants filed an opposition to the motion on June 14,

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2013. Having read the papers filed in conjunction with the motion and carefully considered

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the arguments and the relevant legal authority, and good cause appearing, the court

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hereby DENIES plaintiffs’ motion, but modifies the pretrial schedule as follows.

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As an initial matter, the court finds that plaintiffs have not been diligent in completing

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discovery, nor have they been diligent in seeking this last-minute modification to the pretrial

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schedule. While plaintiffs do identify unforeseeable events that gave rise to their need for

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an extension, most of those events occurred last year, and plaintiffs have not explained

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their delay in seeking this 90-day extension of all dates. However, in light of the stipulated

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continuance that was recently granted (on June 14, 2013), the court does find that a 30-day

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extension is warranted. Thus, the pretrial schedule is modified as follows:

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Event
Non-medical expert disclosure

Previous deadline

Modified deadline

7/17/13

no change (already

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modified by stipulation)

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Expert, treating and other

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medical expert discovery cutoff

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Non-expert discovery cutoff

8/1/13

9/3/13

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Rebuttal medical expert

9/2/13

10/2/13

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disclosure
10/2/13

11/4/13

Dispositive motions filed

11/6/13

12/6/13

Oppositions filed

12/4/13

1/3/14

Replies filed

12/18/13

1/17/14

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For the Northern District of California

United States District Court

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Deposition cutoff for rebuttal

9/3/13

no change (already
modified by stipulation)

medical experts

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Finally, the court notes that it has already approved three stipulations to modify

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deadlines within the past three months. See Dkt. 489 (Mar. 21, 2013); Dkt. 497 (Apr. 24,

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2013); Dkt. 517 (June 14, 2013). This will be the last modification.

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IT IS SO ORDERED.
Dated: June 18, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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