Alhozbur v. Geren

Filing 46

STIPULATION AND ORDER Granting Continuance of Scheduling Deadlines re 42 Stipulation. *** Deadlines terminated re 34 MODIFIED SCHEDULING ORDER. ***Set/Reset Deadlines: Close of All Discovery due by 12/6/2010. Last Date to Hear Dispositive Motions due by 2/28/2011. Joint Preliminary Pretrial Conference statements due 11/5/2010. Preliminary Pretrial Conference set for 11/15/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 8/11/2010. (ecg, COURT STAFF) (Filed on 8/11/2010) Modified text on 8/11/2010 (ecg, COURT STAFF).

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division JENNIFER S WANG (CSBN 233155) CLAIRE T. CORMIER (CSBN 154364) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for the Federal Defendant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RABBIA ALHOZBUR, Plaintiff, v. JOHN McHUGH, Secretary of the Army, Defendant. ) ) ) ) ) ) ) ) ) ) No. C 09-1576 JW STIPULATION AND [PROPOSED] ORDER CONTINUING DATES AND DEADLINES

Under the current scheduling order for this case, expert disclosures and reports are due August 2, 2010, rebuttal expert disclosures and reports are due August 16, 2010, and the fact and expert discovery cutoff is October 4, 2010. This case is scheduled for a preliminary pretrial conference on Monday, September 13, 2010. The last day for hearing on dispositive motions is December 6, 2010. No trial date has been set. The parties previously stipulated to a continuance of the expert disclosure deadlines due to a dispute between the parties relating to whether plaintiff should participate in a second round of psychological testing with an interpreter. On July 13, 2010, Magistrate Judge Howard Lloyd ordered plaintiff to participate in the testing within 30 days. The parties have scheduled that testing, with an interpreter, for August 4, 2010.

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On July 15, 2010, defendant's counsel asked plaintiff's counsel if plaintiff would agree to a Rule 35 interview by defendant's vocational rehabilitation expert, Carol Hyland. Plaintiff refused. After further meet and confer efforts failed to resolve the issue, defendant's counsel stated that she would file a motion to compel for hearing on August 31, 2010. Plaintiff has agreed to a continuance of expert and other deadlines to allow defendant to bring the discovery motion, which was filed on July 27, 2010. In order to allow defendant to bring a motion seeking an order for plaintiff to participate in an interview with defendant's vocational rehabilitation expert prior to the expert disclosure deadline, the parties hereby STIPULATE AND REQUEST that the below-listed dates and deadlines be extended as follows: Expert disclosure: October 1, 2010 Rebuttal expert disclosure: October 15, 2010 Preliminary Pretrial Conference: November 15, 2010 Discovery cutoff (fact and expert): December 6, 2010 Last day motion hearing: February 28, 2011 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier Dated: July 28, 2010

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CLAIRE T. CORMIER1 Assistant United States Attorney BROWNSTEIN THOMAS LLP

22 /s/ Mark C. Thomas 23 24 25 26 27 28 I, Claire T. Cormier, hereby attest that I have on file all holographic signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
STIPULATION AND [PROPOSED] ORDER CONTINUING DATES AND DEADLINES 2 C 09-1576 JW
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Dated: July 28, 2010 MARK C. THOMAS Attorney for Plaintiff

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[PROPOSED] ORDER Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that the dates and deadlines for the following case events are continued as indicated. The new deadlines will be: Expert disclosure: October 1, 2010 Rebuttal expert disclosure: October 15, 2010 Preliminary Pretrial Conference: November 15, 2010 Discovery cutoff (fact and expert): December 6, 2010 Last day motion hearing: February 28, 2011 IT IS SO ORDERED.

August 11 Dated: ____________________, 2010

_______________________________________ JAMES WARE UNITED STATES DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER CONTINUING DATES AND DEADLINES 3 C 09-1576 JW