Henry et al v. United States Postal Service et al

Filing 43

ORDER CONTINUING TRIAL DATE, granting 42 Stipulation filed by Scott Henry, Nancy Zimmerman. Final Pretrial Conference set for 3/6/2012 02:00 PM in Courtroom 5, 4th Floor, San Jose. Jury Trial set for 3/12/2012 09:30 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Signed by Judge Paul S. Grewal on 12/28/2011. (ofr, COURT STAFF) (Filed on 12/28/2011)

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RANKIN, LANDSNESS, LAHDE, SERVERIAN & STOCK 6 10 11 12 13 14 15 wal l S. Gre dge Pau Ju ER H 9 RT 8 Attorneys for Plaintiffs SCOTT HENRY and NANCY ZIMMERMAN NO 7 D RDERE S SO O IED. IT I DIF AS MO MELINDA L. HAAG (CSBN 132612) United States Attorney JOANN M. SWANSON (CSBN 88143) Assistant United States Attorney Chief, Civil Division JUAN D. WALKER (CSBN 208008) Assistant United States Attorney R NIA 5 UNIT ED 4 S DISTRICT TE C TA FO 96 No. Third Street, Suite 500 San Jose, California 95112 Telephone : (408) 293-0463 Facsimile : (408) 293-9514 E-mail: dstock@rllss.com E-mail: sreuter@rllss.com LI 3 A 2 S DAVID J. STOCK (CSBN 85655) SUJATA T. REUTER (CSBN 232148) RT U O 1 N F D IS T IC T O R C 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 Facsimile: (415) 436-6748 Email: juan.walker@usdoj.gov Attorneys for UNITED STATES OF AMERICA 16 IN THE UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN JOSE DIVISION 19 20 21 SCOTT HENRY and NANCY ZIMMERMAN, 22 Plaintiffs, 23 vs. 24 UNITED STATES OF AMERICA, and DOES 1 through 10, inclusive, 25 Defendants. 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 10-00658 PSG STIPULATION TO CONTINUE TRIAL DATE [PROPOSED] ORDER CONTINUING TRIAL DATE Plaintiffs SCOTT HENRY and NANCY ZIMMERMAN, and Defendant UNITED STATES OF AMERICA, by and through their counsel of record, hereby stipulate as follows: Case No. C 10-00658 PSG STIPULATION TO CONTINUE TRIAL DATE & [PROPOSED] ORDER 1 1. This action was filed on February 16, 2010; 2 2. The trial date is currently set for February 6, 2012. There has been one prior continuance of 3 4 the trial date; 3. 5 6 United States Postal Service vehicle; 4. 7 8 This action is for personal injuries arising from a collision between Plaintiff’s vehicle and a Plaintiff has complained of, among other things, injuries to his back resulting from the accident; 5. 9 On September 14, 2011, at Watsonville Community Hospital, Plaintiff Scott Henry underwent surgery on his back. Specifically, he had L4-L5 disc fusion and a cage was 10 implanted at the same level. Plaintiff’s treating physician has very recently (only last week) 11 opined that the surgery is related to the subject motor vehicle accident; 12 6. Due to the following factors, the parties request a continuance of the trial date: 13 a. The serious nature of the surgery; 14 b. The lengthy recovery time period; 15 c. Plaintiff’s possible inability to be present and participate at the upcoming trial; 16 d. The need for additional discovery, including additional expert discovery, to assess the 17 accuracy of the treating physician’s opinion, to wit, the extent to which, if at all, the 18 surgery is in fact related to the motor vehicle accident; 19 e. 20 21 The need for Plaintiff’s condition to stabilize in order to determine prognosis, confirm causation, and more accurately assess what effect it may have on damages. 7. The parties request that the trial be continued to March 12, 2012. The parties believe that the 22 case will be ready for trial by that time. 23 Respectfully submitted, 24 RANKIN LANDSNESS LAHDE SERVERIAN & STOCK 25 26 Dated: December 22, 2011 27 28 Case No. C 10-00658 PSG By: /S/ David J. Stock Attorney for Plaintiffs HENRY & ZIMMERMAN STIPULATION TO CONTINUE TRIAL DATE & [PROPOSED] ORDER 1 MELINDA L. HAAG UNITED STATES ATTORNEY 2 3 Dated: December 22, 2011 4 5 By: ___/S/________________________________ Juan D. Walker, Assistant U.S. Attorney Attorneys for Defendant UNITED STATES OF AMERICA 6 7 [PROPOSED] ORDER CONTINUING TRIAL DATE 8 PURSUANT TO STIPULATION, IT IS SO ORDERED: 9 1. Fact discovery cutoff: February 6, 2012 2. Designation of Opening Experts with Reports: February 13, 2012 3. Designation of Rebuttal Experts with Reports: February 20, 2012 4. Expert Discovery Cutoff: February 27, 2012 5. Deadline(s) for Filing Discovery Motions: see Civil Local Rule 37-3 6. Last Day for Dispositive Motion Hearing: 10:00am on February 28, 2012 7. Final Pretrial Conference: 2:00pm on March 6, 2012 8. Trial: 9:30am on March 12, 2012 10 11 12 13 14 15 16 17 It is further ordered that the parties shall comply with the Standing Order for Civil Practice in 18 Cases Assigned for All Purposes to Magistrate Judge Paul S. Grewal (Dec 2010), a copy of which 19 is available from the Clerk of the Court, with regard to the timing and content of the Joint Pretrail 20 Statement, and all other pretrial submissions. No further continuances of the trial date will be 21 granted. 22 23 DATED: December 28, 2011 24 _____________________________________ PAUL S. GREWAL United States Magistrate Judge 25 26 27 28 Case No. C 10-00658 PSG STIPULATION TO CONTINUE TRIAL DATE & [PROPOSED] ORDER

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