Opinion
James D. Curran, Esq., WOLKIN • CURRAN, LLP, San Francisco, California, Attorneys for Defendant, TOTAL TEAM CONSTRUCTION SERVICES, INC.
PEEL BRIMLEY, LLP John V. Leary, Esq., Attorneys for Plaintiff, AMERICAN CONSTRUCTION & ENVIRONMENTAL SERVICES, INC.
WOLKIN • CURRAN, LLP James D. Curran, Esq., Attorneys for Defendant, TOTAL TEAM CONSTRUCTION SERVICES, INC.
SALAMIRAD, MORROW, TIMPANE & DUNN, LLP Michael J. Timpane, Esq., Attorneys for Defendant, TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA.
STIPULATION TO EXTEND SCHEDULE and ORDER
GARY S. AUSTIN, Magistrate Judge.
Based on the Joint Statement by Plaintiff American Construction & Environmental Services and Defendant Total Team Construction Services, Inc. lodged with Magistrate Judge Gary S. Austin on September 9, 2015, and the discussions between the parties and Magistrate Judge Austin on September 10, 2015, the parties, Plaintiff AMERICAN CONSTRUCTION & ENVIRONMENTAL SERVICES, INC. ("Plaintiff"), Defendant TOTAL TEAM CONSTRUCTION SERVICES, INC. ("Total Team") and Defendant TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA ("Travelers"), by and through their respective attorneys of record, hereby stipulate to and request the Court to reschedule certain dates set by the Court in the Order Extending Schedule (Docket Doc. 38).
Plaintiff, Total Team, and Travelers hereby request the Court to reschedule the dates as follows:
PREVIOUS DATE NEW DATE Non-expert discovery cutoff September 4, 2015 November 20, 2015 Expert disclosure September 18, 2015 December 8, 2015 Rebuttal expert disclosure October 16, 2015 December 15, 2015 Expert discovery cutoff November 13, 2015 January 8, 2016 Non-dispositive motion filing December 4, 2015 January 15, 2016 deadline Dispositive motion deadline January 4, 2016 February 26, 2016 Pretrial Conference April 12, 2016 April 12, 2016 8:15 a.m. in Dept. 4 8:15 a.m. in Dept. 4 Trial June 14, 2016 June 14, 2016 8:30 a.m. in Dept. 4 8:30 a.m. in Dept. 4
IT IS SO STIPULATED AND AGREED.
ORDER
The Court, having considered the above Stipulation to Extend Schedule and finding good cause to amend its previous Order Extending Schedule (Document 38), orders the deadlines in the scheduling order to be continued as set forth below:
PREVIOUS DATE NEW DATE Non-expert discovery cutoff September 4, 2015 November 20, 2015 Expert disclosure September 18, 2015 December 8, 2015 Rebuttal expert disclosure October 16, 2015 December 15, 2015 Expert discovery cutoff November 13, 2015 January 8, 2016 Non-dispositive motion filing December 4, 2015 January 15, 2016 deadline Dispositive motion deadline January 4, 2016 January 30, 2016 (Note: This date is modified from the date requested.) Pretrial Conference April 12, 2016 April 12, 2016 8:15 a.m. in Dept. 4 8:15 a.m. in Dept. 4 Trial June 14, 2016 June 14, 2016 8:30 a.m. in Dept. 4 8:30 a.m. in Dept. 4
The parties are advised that future requests to amend the scheduling conference will be looked upon with great disfavor given the length of time this case has been pending. Moreover, compliance with the discovery cutoffs requires that motions to compel be filed and heard sufficiently in advance of the cutoff so that the Court may grant effective relief within the allotted discovery time. A party's failure to have a discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the motion as untimely. The parties are encouraged to work cooperatively to complete the discovery in this case. Once sufficient discovery has been exchanged, the parties may contact the Court to conduct a settlement conference to facilitate the early resolution of this action.
Additionally, as noted above, the Court modified the filing deadline for dispositive motions to January 30, 2015 to allow ample time for the resolution of dispositive motions prior to the pretrial conference.
Finally, all other orders in the scheduling order remain issued on August 6, 2014 (Doc. 26) remain in full force and effect.
IT IS SO ORDERED.