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)

RANKIN, LANDSNESS, LAHDE,
SERVERIAN & STOCK

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Attorneys for Plaintiffs
SCOTT HENRY and NANCY ZIMMERMAN

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D
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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

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UNIT
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S DISTRICT
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96 No. Third Street, Suite 500
San Jose, California 95112
Telephone : [phone]
Facsimile : [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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DAVID J. STOCK (CSBN 85655)
SUJATA T. REUTER (CSBN 232148)

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for UNITED STATES OF AMERICA

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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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SCOTT HENRY and NANCY
ZIMMERMAN,

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Plaintiffs,

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vs.

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UNITED STATES OF AMERICA, and
DOES 1 through 10, inclusive,

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Defendants.
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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

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1.

This action was filed on February 16, 2010;

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2.

The trial date is currently set for February 6, 2012. There has been one prior continuance of

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the trial date;
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United States Postal Service vehicle;
4.

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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.

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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

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implanted at the same level. Plaintiff’s treating physician has very recently (only last week)

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opined that the surgery is related to the subject motor vehicle accident;

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6.

Due to the following factors, the parties request a continuance of the trial date:

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a.

The serious nature of the surgery;

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b.

The lengthy recovery time period;

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c.

Plaintiff’s possible inability to be present and participate at the upcoming trial;

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d.

The need for additional discovery, including additional expert discovery, to assess the

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accuracy of the treating physician’s opinion, to wit, the extent to which, if at all, the

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surgery is in fact related to the motor vehicle accident;

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e.

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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

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case will be ready for trial by that time.

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Respectfully submitted,

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RANKIN LANDSNESS LAHDE
SERVERIAN & STOCK

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Dated: December 22, 2011
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Case No. C 10-00658 PSG

By:

/S/
David J. Stock
Attorney for Plaintiffs
HENRY & ZIMMERMAN

STIPULATION TO CONTINUE TRIAL DATE & [PROPOSED] ORDER

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MELINDA L. HAAG
UNITED STATES ATTORNEY

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Dated: December 22, 2011
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By: ___/S/________________________________
Juan D. Walker, Assistant U.S. Attorney
Attorneys for Defendant
UNITED STATES OF AMERICA

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[PROPOSED] ORDER CONTINUING TRIAL DATE

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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1.

Fact discovery cutoff: February 6, 2012

2.

Designation of Opening Experts with Reports: February 13, 2012

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Designation of Rebuttal Experts with Reports: February 20, 2012

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Expert Discovery Cutoff: February 27, 2012

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Deadline(s) for Filing Discovery Motions: see Civil Local Rule 37-3

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Last Day for Dispositive Motion Hearing: 10:00am on February 28, 2012

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Final Pretrial Conference: 2:00pm on March 6, 2012

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Trial: 9:30am on March 12, 2012

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It is further ordered that the parties shall comply with the Standing Order for Civil Practice in
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Cases Assigned for All Purposes to Magistrate Judge Paul S. Grewal (Dec 2010), a copy of which
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is available from the Clerk of the Court, with regard to the timing and content of the Joint Pretrail
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Statement, and all other pretrial submissions. No further continuances of the trial date will be
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granted.
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DATED: December 28, 2011
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_____________________________________
PAUL S. GREWAL
United States Magistrate Judge

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Case No. C 10-00658 PSG

STIPULATION TO CONTINUE TRIAL DATE & [PROPOSED] ORDER