Opinion
1:21-cv-01445-JLT-CDB
02-09-2023
B. R. L., by and through his guardian ad litem, FRANCHESCA LARA, and MIGUEL LARA, Plaintiffs, v. CLINICA SIERRA VISTA, ET AL., Defendants.
ORDER ON STIPULATION FOR THIRD AMENDMENT TO THE SCHEDULING ORDER AS MODIFIED
(ECF NO. 27)
SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the parties' third stipulated request for an extension of time to complete expert discovery, file pretrial motions and try the case. (ECF No. 27).
The Court's initial scheduling order entered on December 20, 2021, granted the parties' request for a 12-month period to conduct and complete expert discovery. (ECF Nos. 8, 9). With the present requested extension, the parties seek to expand this period to a total of 18 months.
Based on the Court's review of the parties' earlier-filed stipulations for extensions, the Court finds that the parties have undertaken discovery diligently and that their current request for an additional extension of dates satisfies the requirements under Fed.R.Civ.P. 16(b)(4) to show good cause. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). In particular, since their most recent stipulation for extension, filed on October 6, 2022 (ECF No. 21), the parties have completed four depositions and an independent medical examination of the minor Plaintiff by three medical practitioners. (ECF No. 27 at p. 2).
The parties' requested extension appears directed in part to accommodate a private mediation scheduled for May 16, 2023. In their earlier stipulation, the parties reported that a private mediation was scheduled for February 17, 2023. The Court is unclear whether the earlier mediation was rescheduled or whether the May 16 mediation is a separate event. While further requests for discovery, motion or trial extensions are discouraged and no requests for extension will be granted without a showing of diligence by the parties and good cause, the Court directs the parties to elaborate in any future request the course and status of settlement efforts.
Accordingly, IT IS HEREBY ORDERED, the Scheduling Order is amended as follows:
EVENT
DEADLINE
NEW DEADLINE
Plaintiff Expert Disclosures
January 12, 2023
March 10, 2023
Defendant Expert Disclosures
February 22, 2023
April 28, 2023
Rebuttal Expert Disclosures
March 15, 2023
May 12, 2023
Expert Discovery Cut-Off
May 12, 2023
August 4, 2023
Non-Dispositive Motion Filing
May 26, 2023
August 18, 2023
Non-Dispositive Motion Hearing
June 30, 2023
September 22, 2023
Dispositive Motion Filing
July 7, 2023
September 29, 2023
Dispositive Motion Hearing
August 11, 2023
November 14, 2023
Pre-Trial Conference
October 10 2023
January 8, 2024, at 1:30 p.m.
Trial
December 12, 2023
March 5, 2024, at 8:30 a.m.
IT IS SO ORDERED.