Cruz v. Ahmed

Filing 74

STIPULATION AND ORDER TO CONTINUE TRIAL re 73 . STIPULATION WITH PROPOSED ORDER to Continue Trial and Modify Scheduling Order filed by Zahed Uddin Ahmed, Santiago Cruz. Dispositive Motion to be heard by 7/19/2018. Motions in Limine d ue by 9/14/2018. Jury Selection set for 10/9/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/9/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Pretrial Conference set for 9/26/2018 02:00 PM before Magistra te Judge Kandis A. Westmore. Jury Trial set for 10/10/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/11/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/12/2018 09:00 AM before Magist rate Judge Kandis A. Westmore. Jury Trial set for 10/15/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/16/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/17/2018 09:00 AM before Magi strate Judge Kandis A. Westmore. Jury Trial set for 10/18/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/19/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Magistrate Judge Kandis A. Westmore on 2/6/18. (sisS, COURT STAFF) (Filed on 2/6/2018)

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XAVIER BECERRA
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General
ROHIT S. KODICAL
Deputy Attorney General
State Bar No. 215497
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Dr. Ahmed

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SANTIAGO CRUZ,

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v.

Case No. 4:15-cv-01855 (KAW)
Plaintiff, STIPULATION TO CONTINUE TRIAL
AND MODIFY SCHEDULING ORDER;
[PROPOSED] ORDER

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AS MODIFIED
ZAHED UDDIN AHMED, et al.
Defendant. Judge:
Hon. Kandis A. Westmore
Trial Date:
July 16, 2018
Action Filed: April 4, 2016
Civil L.R. 40-1 provides that the Court may continue a scheduled trial date in response to a
motion made in accordance with the provisions of Civil L.R. 7. Under Civil L.R. 7, motions
include stipulations by the affected parties. (See Civil L.R. 7-1(a)(5) and 7-12.)
Pursuant to the Local Rules and this stipulation, the parties request an order continuing trial
of this matter and modification of the current scheduling order. The parties’ stipulation and
request is based on the scheduling needs of both plaintiff and defense counsel.
On January 23, 2018, defendant’s counsel underwent arthroscopic knee surgery, which
required a longer-than-anticipated recovery period of two weeks. Thus, the parties were unable to

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Stipulation to Continue Trial and [Proposed] Order (4:15-cv-01855 (KAW))
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complete scheduled depositions necessary to evaluate and prepare dispositive motions and
meaningfully engage in the settlement conference previously scheduled for February 23, 2018.
Defendant’s counsel will undergo another knee operation in June 2018 with a recovery time
of eight to twelve weeks, and will therefore be unavailable for trial and unable to devote adequate
time and resources to prepare for trial on the currently scheduled date of July 16, 2018. Plaintiff’s
counsel is now also scheduled to begin a jury trial with multiple parties in a separate matter on
July 2, 2018 and may also be unavailable for trial on the currently scheduled trial date and/or
unable to devote adequate time and resources to prepare for trial.
Based on the foregoing, the parties request that the court continue trial of this matter from
July 16, 2018 to October 9, 2018 and that the court vacate all presently set deadlines and
hearings, including the settlement conference currently scheduled for February 21, 2018.
The parties request the following pre-trial schedule [the Court’s modifications are in
bold]:

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Non-expert Discovery Cut-off

April 13, 2018

Expert Disclosure and Reports Provided

April 20, 2018

Rebuttal Expert Disclosure and Reports Provided

May 11, 2018

Expert Discovery Cutoff

June 8, 2018

Last day to Hear Dispositive Motions

July 19, 2018

Meet and Confer (re: pretrial conference)

August 20, 2018

Joint Pretrial Statement / Trial Filings

August 30, 2018

Objections/Motions in Limine

September 14, 2018

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Pretrial Conference

September 26, 2018

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Trial

October 9, 2018

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Stipulation to Continue Trial and [Proposed] Order (4:15-cv-01855 (KAW))
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Dated: January 25, 2018

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General

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/s/ Rohit Kodical

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ROHIT KODICAL
Deputy Attorney General
Attorneys for Defendant Dr. Ahmed

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Dated: January 25, 2018

JULIA R. GRAESER

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/s/ Julia R. Graeser

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R. MORGAN GILHULY
JULIA R. GRAESER
BARG, COFFIN, LEWIS & TRAPP, LLP
Attorneys for Plaintiff Santiago Cruz

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ORDER

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The stipulation is GRANTED AS MODIFIED.
IT IS SO ORDERED.
Dated: February 6, 2018

_________________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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Stipulation to Continue Trial and [Proposed] Order (4:15-cv-01855 (KAW))
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