Rodgers v. Sunrise Senior Living, Inc.

Full title: PATSY RODGERS, individually and as JOHN RODGERS' successor in interest…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 3, 2013

2:12-CV-00415-MCE-AC (E.D. Cal. Dec. 3, 2013)

Opinion

          ERIC J. RATINOFF/SBN: 166204, MARLA STRAIN/SBN:132142, KERSHAW CUTTER & RATINOFF, LLP, Sacramento, CA, Attorneys for Plaintiffs.

          MORRIS POLICY & PURDY, Michael P. West, SBN: 172478, Andrew R. Chivinski, SBN 236861, Los Angeles, CA, Counsel for Defendant.

          STIPULATION AND ORDER TO EXTEND DISCOVERY CUTOFF

          MORRISON C. ENGLAND, Jr., District Judge.

         IT IS HEREBY STIPULATED by the parties, through their attorneys of record, as follows:

         1. Pursuant to the Court's Order Modifying the Pre-Trial Scheduling Order dated May 2, 2013, the jury trial is scheduled for October 27, 2014.

         2. The discovery cutoff date was initially June 7, 2013. Pursuant to the Joint Stipulation signed by the parties and filed with the Court on April 26, 2013, Document 18-1, attached to Plaintiff's Ex Parte Application for Order Shortening Time on Motion to Modify the Pre-Trial Scheduling Order the discovery cutoff was continued to December 30, 2013.

         3. It was recently discovered that the May 2, 2013 Court Order issued pursuant to the April 26, 2013 Stipulation and Order did not set forth the stipulated extension to the discovery cutoff. Nevertheless, the parties have proceeded in this action under the assumption that the discovery cutoff is December 30, 2013.

         4. Despite efforts on the part of all counsel to complete discovery, the parties agree that it cannot be completed by the previously stipulated December 30, 2013 discovery cutoff.

         5. Accordingly, the parties stipulate to a continuance of the discovery cutoff date to January 31, 2014.

         6. The parties further stipulate that all motions and discovery deadlines will follow the new discovery cutoff date.

         7. The parties do not wish to continue the trial.

         8. The parties further stipulate that this stipulation may be signed in counterparts, and a faxed signature should be deemed counsel's original signature.

         SO STIPULATED.

          ORDER

         IT IS HEREBY ORDERED that the June 7, 2013 discovery cutoff be extended to January 31, 2014.

         IT IS FURTHER ORDERED that all motions and discovery deadlines will follow the new discovery cutoff date.