Opinion
BENJAMIN B. WAGNER, United States Attorney, CHI SOO KIM, Assistant United States Attorneys, Sacramento, CA, Attorneys for United States
HALEY & BILHEIMER JOHN G. BILHEIMER, Nevada City, CA, Attorney for Plaintiffs Robyn Holloway and Sterling Holloway.
STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
Defendant United States and Plaintiffs Robyn Holloway and Sterling Holloway, by and through their respective counsel, stipulate and respectfully request the below modifications to the Court's Pretrial Scheduling Order (Dkt 21) for good cause.
1. The parties have been cooperative in the discovery and case management process.
2. The parties respectfully request extending currently scheduled dates to permit the parties to complete fact discovery, conduct independent medical examinations, and complete expert discovery.
3. The independent medical examination ("IME") of Plaintiff Sterling Holloway began on October 18, 2013, but was not completed due to Plaintiff's schedule and transportation issues. The parties were required to re-schedule Plaintiff Sterling Holloway's IME.
4. Defendant's medical expert, Dr. Robert Asarnow, had to undergo an unanticipated surgery in November 2013, which required the parties to re-schedule the IMEs for both Plaintiffs and provide sufficient time for Dr. Asarnow to undergo and recuperate from surgery.
5. The parties have recently re-scheduled Plaintiff Sterling Holloway's IME and are in the process of re-scheduling Plaintiff Robyn Holloway's IME.
6. A defense witness whom Plaintiffs have noticed for deposition, Lyn Phillips, is currently on medical leave and not available.
7. Due to a family member's death, Plaintiff's counsel was unavailable and will not be available for a portion of January 2014.
8. The parties have contacted the Court's courtroom deputy to identify possible trial dates to assist with modifying the schedule as efficiently as possible. As a claim under the Federal Tort Claims Act, this matter will be tried to the Court and the anticipated length of trial is five days.
9. The Court previously granted the parties' stipulated request to modify the scheduling order. [Dkt 15] The parties have not previously requested continuing the trial date.
Current Proposed Discovery cutoff (fact): December 20, 2013 February 21, 2014 Initial expert disclosures: January 24, 2014 March 21, 2014 Supplemental expert disclosures: February 13, 2014 April 10, 2014 Last day to file dispositive motions: March 20, 2014 May 1, 2014 Last day for dispositive motion hearing: May 15, 2014 June 26, 2014
Joint Final Pretrial Conference Statement: June 19, 2014 August 7, 2014 Last day to file evidentiary or June 19, 2014 August 7, 2014 procedural motions: Last day to file trial briefs: June 26, 2014 August 14, 2014 Final Pretrial Conference: July 10, 2014 August 28, 2014 Trial (5 days, bench): August 25, 2014 October 14, 2014
ORDER
The parties' stipulated request to modify the scheduling order is GRANTED. The current dates are VACATED, and a new pretrial scheduling order will issue in due course.
IT IS SO ORDERED.