Alhozbur v. Geren

Filing 54

STIPULATION AND ORDER AS MODIFIED BY THE COURT Continuing Dates and Deadlines re 53 Stipulation filed by John McHugh. Signed by Judge James Ware on 10/1/2010. (ecg, COURT STAFF) (Filed on 10/1/2010)

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Alhozbur v. Geren Doc. 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNIT ED MELINDA HAAG (CSBN 132612) 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: (415) 436-6967 Facsimile: (415) 436-6748 Email: jennifer.s.wang@usdoj.gov Attorneys for the Federal Defendant S S DISTRICT TE C TA ER N C F D I S T I C T O 10/1/2010 R 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 October 1, 2010, rebuttal expert disclosures and reports are due October 15, 2010, and the fact and expert discovery cutoff is December 6, 2010. This case is scheduled for a preliminary pretrial conference on Monday, November 15, 2010. The last day for hearing on dispositive motions is February 28, 2011. No trial date has been set. The pretrial schedule was previously extended by stipulation and order due to discovery disputes between the parties and related discovery motions. On September 8, 2010, Magistrate Judge Howard Lloyd issued two discovery orders. He denied defendant's motion to compel a vocational interview of plaintiff, and he granted defendant's motion to compel the completion of A LI Dockets.Justia.com FO mes Wa Judge Ja re R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 psychological testing of the plaintiff. As to the latter motion, Magistrate Judge Lloyd ordered the remaining psychological testing to be completed within 30 days. Plaintiff's counsel then advised defendant's counsel that plaintiff was in Jordan due to the death of her husband's father, with an expected return date of September 27, 2010. The completion of the psychological testing is likely to go forward on October 5, 2010. In order to allow the completion of the court-ordered testing, the interpretation of the testing results, and the preparation of expert reports, the parties hereby STIPULATE AND REQUEST that the below-listed dates and deadlines be extended as follows: Expert disclosure: November 2, 2010 Rebuttal expert disclosure: November 16, 2010 Preliminary Pretrial Conference: December 20, 2010 at 11:00 AM Preliminary Pretrial Conference statement due December 10, 2010. Discovery cutoff (fact and expert): January 14, 2011 Last day motion hearing: March 28, 2011 Respectfully submitted, MELINDA HAAG United States Attorney /s/ Claire T. Cormier Dated: September 30, 2010 17 18 19 CLAIRE T. CORMIER1 Assistant United States Attorney BROWNSTEIN THOMAS LLP 20 /s/ Mark C. Thomas 21 22 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 1 Dated: September 30, 2010 MARK C. THOMAS Attorney for Plaintiff UNIT ED S S DISTRICT TE C TA 2 3 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. 4 The new deadlines will be: 5 Expert disclosure: November 2, 2010 6 Rebuttal expert disclosure: November 16, 2010 7 8 9 Last day motion hearing: March 28, 2011 10 IT IS SO ORDERED. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING DATES AND DEADLINES 3 C 09-1576 JW ER N F D IS T IC T O R Preliminary Pretrial Conference: December 20, 2010 at 11:00 AM Preliminary Pretrial Conference statement due December 10, 2010. Discovery cutoff (fact and expert): January 14, 2011 October 1, Dated: ____________________, 2010 _______________________________________ JAMES WARE UNITED STATES DISTRICT COURT JUDGE A C LI FO [PROPOSED] ORDER Judge Jam es Ware R NIA 1 E ORDER IT IS SO DIFIED AS MO D RT U O NO RT H

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