Tamara v. El Camino Hospital et al

Filing 66

STIPULATION AND ORDER 64 Extending Litigation Schedule: Jury Trial set for 2/2/2015 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 10/27/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 1/15/2015 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Fact Discovery cutoff 8/28/2014. Signed by Judge Ronald M. Whyte on 2/18/14. (jgS, COURT STAFF) (Filed on 2/18/2014)

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PAUL L. REIN, Esq. (SBN 43053)
CELIA McGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO, Esq. (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone:
510/832-5001
Facsimile:
510/832-4787
[e-mail]
Attorneys for Plaintiff
ABIGAYIL TAMARA

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MARTIN J. EVERSON, Esq. (SBN 76350)
AARON T. SCHULTZ, Esq. (SBN 222949)
GALLOWAY, LUCCHESE, EVERSON & PICCHI
A Professional Corporation
1676 North California Blvd., Suite 500
Walnut Creek, CA 94596-4183
Telephone:
925/930-9090
Facsimile:
925/930-9035
[e-mail]
Attorneys for Defendant
EL CAMINO HOSPITAL

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ABIGAYIL TAMARA,

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Plaintiff,

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v.

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CASE NO. C12-01032 RMW
Civil Rights

EL CAMINO HOSPITAL; DAVID
DIGANT; and DOES 1-20, Inclusive,

Stipulation and [] Order Extending
Litigation Schedule

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Defendants.
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/
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Plaintiff ABIGAYIL TAMARA and Defendants EL CAMINO HOSPITAL and DAVID

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DIGANT hereby jointly stipulate and request through their attorneys of record as follows:

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1.

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The Court issued its trial setting order on January 13, 2013, Docket no. 24. The Court
modified the schedule to provide extra time for discovery, based on a stipulation and

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E SID E D R ., S U I T E A
O A K L A N D , C A 94612-3503
[phone]

STIPULATION AND [] ORDER
EXTENDING LITIGATION SCHEDULE
CASE NO. C12-01032 RMW

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S:\CASES\EL CAMINO HOSPITAL\PLEADINGS\Stipulations\Extend time litigation schedule.wpd

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Order signed on November 15, 2013. Docket no. 5. The parties requested that

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stipulation based on their desire to enter mediation.

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2.

The current litigation schedule for this case is as follows:

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Expert Disclosure: March 10, 2014

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Rebuttal Expert Disclosure: April 28, 2014

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Fact Discovery/Expert Discovery Cutoff: May 28, 2014

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Last Day to Hear Dispositive Motions: July 25, 2014

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Pretrial Conference: October 23, 2014

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Jury Trial: November 3, 2014

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3.

The parties participated in mediation with Judge James Larson at JAMS on January 13,

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2014. They made good progress in settling the case. They discovered that the parties

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need further information from outside agencies and third parties before they can make

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further settlement commitments.

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4.

The parties anticipate that it will take three months to gather that information and hold a

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second mediation session with Judge Larson. They believe they can complete mediation

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by mid-April 2014.

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5.

Unless the deadlines are extended the parties will be forced to engage in discovery

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between now and the mediation. They believe that they can cooperatively exchange

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whatever information is necessary to settle the case, rendering discovery both

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unnecessary and burdensome at this point.

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6.

Wherefore, the parties request that the Court extend time for the litigation schedule as

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follows, enabling the parties to resolve the matter without unnecessary expenditure of

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resources:

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a.

Expert Disclosure: June 10, 2014

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b.

Rebuttal Expert Disclosure: July 28, 2014

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c.

Fact Discovery/Expert Discovery cutoff : August 28, 2014

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d.

Last Day to Hear Dispositive Motions: October 27, 2014

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//

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E SID E D R ., S U I T E A
O A K L A N D , C A 94612-3503
[phone]

STIPULATION AND [] ORDER
EXTENDING LITIGATION SCHEDULE
CASE NO. C12-01032 RMW

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e.

Pretrial Conference: January 2015

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f.

Jury Trial: February 2015

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IT IS SO STIPULATED.

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Dated: January 17, 2014

LAW OFFICES OF PAUL L. REIN

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/s/ Celia McGuinness
By CELIA McGUINNESS, Esq.
Attorneys for Plaintiff
ABIGAYIL TAMARA

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Dated: January 17, 2014
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GALLOWAY, LUCCHESE,
EVERSON & PICCHI
/s/ Aaron T. Schultz
By AARON T. SCHULTZ, Esq.
Attorneys for Defendant
EL CAMINO HOSPITAL

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ORDER
Good cause having been shown, the Court grants the parties’ stipulation and sets the
following schedule:

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Expert Disclosure: June 10, 2014

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Rebuttal Expert Disclosure: July 28, 2014

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Fact Discovery/Expert Discovery cutoff : August 28, 2014

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Last Day to Hear Dispositive Motions: October 27, 2014

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Pretrial Conference: January _________, 2015

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Jury Trial: February __________, 2015

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IT IS SO ORDERED.

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Dated: _________, 2014
Hon. RONALD M. WHYTE
United States District Judge

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L A W O F F IC E S O F

PAUL L. REIN
200 L A K E SID E D R ., S U I T E A
O A K L A N D , C A 94612-3503
[phone]

STIPULATION AND [PROPOSED] ORDER
EXTENDING LITIGATION SCHEDULE
CASE NO. C12-01032 RMW

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