Winninger v. Scott et al

Filing 65

ORDER by Judge Haywood S. Gilliam, Jr. Denying 63 Administrative Motion to Reschedule Hearing on Defendant Scott's 62 Motion to Compel Independent Physical Examination of Plaintiff Mollie Winninger. (ndr, COURT STAFF) (Filed on 5/10/2022)

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1 2 3 4 5 6 HASSARD BONNINGTON LLP James M. Goodman, Esq. (#65972) jmg@hassard.com J. Julia Hansen-Arenas, Esq. (#225697) jjh@hassard.com 275 Battery Street, Suite 1600 San Francisco, California 94111-3370 Telephone: (415) 288-9800 Fax: (415) 288-9801 Attorneys for Defendant CASSIUS SCOTT, M.D. 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 MOLLIE WINNINGER, an individual, Case No. 4:21-cv-04689-HSG Plaintiff, vs. CASSIUS SCOTT, as an individual, KAISER FOUNDATION HOSPITALS, and THE PERMANENTE MEDICAL GROUP, INC., 16 Defendants. ADMINSTRATICE MOTION AND ORDER TO RESCHEDULE HEARING ON DEFENDANT CASSIUS SCOTT, M.D.’S MOTION TO COMPEL INDEPENDENT PHYSICAL EXAMINATION OF PLAINTIFF MOLLIE WINNINGER Judge Haywood S. Gilliam, Jr. Oakland Courthouse, 4th Floor, Courtroom 2 1301 Clay Street Oakland, California 17 18 19 20 1. The hearing on defendant Cassious Scott, M.D.’s (hereinafter, 21 “defendant” or “Dr. Scott”) Motion to Compel Independent Physical Examination of 22 Plaintiff Mollie Winninger (hereinafter, defendant’s “Motion to Compel IME”) is 23 currently scheduled for July 7, 2022 at 2:00 p.m. in Courtroom 2 of the United States 24 District Court, Northern District of California, located at 1301 Clay Street, 4th Floor, 25 Oakland, California. 26 27 2. I respectfully request that the court move the hearing to May 19, 2022, or another date convenient for the court within one week of May 19, 2022. 28 -1ADMINSTRATICE MOTION AND ORDER TO RESCHEDULE HEARING ON DEFENDANT CASSIUS SCOTT, M.D.’S MOTION TO COMPEL INDEPENDENT PHYSICAL EXAMINATION OF PLAINTIFF MOLLIE WINNINGER C:\Users\kij\ND Office Echo\VAULT-DYC5R1ST\Administrative Motion to Advance Hearing on MTC IME 4857-8149-8142 v.1.docx-5322 1 3. I have not already asked the court to change this hearing date. 2 4. The change is necessary because trial in this matter is currently set to 3 commence on November 7, 2022. In advance thereof, certain pre-trial deadlines are 4 rapidly approaching. Specifically, Expert discovery is set to close on August 30, 2022. 5 In addition, the exchange of opening expert reports is currently set for July 29, 2022. 6 Furthermore, fact discovery is set to close on May 20, 2022. Defendant respectfully 7 request that his Motion to Compel IME be heard on May 19, 2022 to permit sufficient 8 time to complete the requested IME, and allow sufficient time for defendant’s expert 9 to prepare their expert report, prior to the expiration of the aforementioned pre-trial 10 deadlines. 11 5. I do not believe changes with deadline will affect any other deadlines. 12 6. As of the date of this request, the opposing side has not agreed to this 13 change. I tried to obtain the opposing party’s agreement to this change, but was 14 unsuccessful. Specifically, on May 2, 2022, I emailed plaintiff’s counsel and requested 15 that they stipulate to advance the hearing on defendant’s Motion to Compel IME to 16 May 19, 2022. However, plaintiff’s counsel did not immediately reply to my email. 17 18 7. I declare under penalty of perjury that the above statements are true and correct. 19 20 Dated: May 3, 2022 21 HASSARD BONNINGTON LLP By: 22 23 24 ____________________________ J. Julia Hansen-Arenas Attorneys for Defendant CASSIUS SCOTT, M.D. 25 26 27 28 -2ADMINSTRATICE MOTION AND ORDER TO RESCHEDULE HEARING ON DEFENDANT CASSIUS SCOTT, M.D.’S MOTION TO COMPEL INDEPENDENT PHYSICAL EXAMINATION OF PLAINTIFF MOLLIE WINNINGER C:\Users\kij\ND Office Echo\VAULT-DYC5R1ST\Administrative Motion to Advance Hearing on MTC IME 4857-8149-8142 v.1.docx-5322 ORDER 1 2 The motion is DENIED. 3 7 8 Date: 5/10/2022 NO ud ood S g e H ay w Jr. . Gilliam RT H ER LI J UNITED STATES DISTRICT JUDGE 10 11 12 A 9 D DENIE R NIA UNIT ED 6 RT U O S 5 S DISTRICT TE C TA FO 4 N D IS T IC T R OF C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3ADMINSTRATICE MOTION AND ORDER TO RESCHEDULE HEARING ON DEFENDANT CASSIUS SCOTT, M.D.’S MOTION TO COMPEL INDEPENDENT PHYSICAL EXAMINATION OF PLAINTIFF MOLLIE WINNINGER C:\Users\kij\ND Office Echo\VAULT-DYC5R1ST\Administrative Motion to Advance Hearing on MTC IME 4857-8149-8142 v.1.docx-5322

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