Opinion
David P.E. Burkett, Ariana A. Van Alstine, PORTER SCOTT A PROFESSIONAL CORPORATION, Sacramento, California, Attorneys for Defendant, COUNTY OF SACRAMENTO. Exempt From Filing Fees Pursuant to Government Code § 6103
Russell A. Robinson, LAW OFFICE OF RUSSELL A. ROBINSON, San Francisco, CA, Attorney for Plaintiff, CHARLET INTHAVONGXAY.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY THE SCHEDULING ORDER
WILLIAM B. SHUBB, District Judge.
This Stipulation is entered into by and between Plaintiff CHARLET INTHAVONGXAY and Defendant COUNTY OF SACRAMENTO ("The Parties"). The Parties enter into the stipulation and proposed order in compliance with the Federal Rule of Civil Procedure 16(b) and the requirements of the current scheduling order. The Parties have conferred and agree to request to continue the trial date from May 24, 2016 to October 24, 2016, and request that the scheduling order be adjusted accordingly.
As required by Federal Rule of Civil Procedure 16(b), the Parties have good cause to request a trial continuance. This Stipulation is entered into by and between Plaintiff CHARLET INTHAVONGXAY and Defendant COUNTY OF SACRAMENTO. The Parties have conferred and agree to extend all dates in this case, and to continue the trial as follows:
The Parties stipulate and propose a new trial date of October 24, 2016. The remaining dates on the current schedule will likewise need to be amended. The Parties agree and propose the following scheduling amendments based on the proposed new trial date:
Last day for all motions except motions for continuances, temporary restraining orders, or other emergency applications to be filed and heard: July 8, 2016
The parties have good cause to request an extension. The discovery process has been delayed by Plaintiff and Plaintiff's counsel. The deposition of Katherine Nickerson at Plaintiff's request proceeded as scheduled in Sacramento, but the defense has twice requested to continue Plaintiff CHARLET INTHAVONGXAY's deposition because of untimely discovery responses which were the subject of a motion to compel which Plaintiff did not oppose.
The amended schedule also comports with the Federal Requirement that disclosures be made 90 days before trial. Fed.R.Civ.P. 26(a)(2)(D).