Opinion
CASE NO. 1:11-cv-01366-AWI-SKO
04-29-2013
DAVID LEE TURNER, JR., Plaintiff, v. COUNTY OF KERN, et al., Defendants.
ORDER DENYING WITHOUT
PREJUDICE THE PARTIES'
STIPULATED REQUEST FOR A
SCHEDULE MODIFICATION
(Docket No. 36)
On April 29, 2013, the parties filed a stipulated request to modify the scheduling order. (Doc. 36.) The parties seek a three-week extension of the expert discovery deadlines. (Doc. 36, ¶¶ 7-9.) Continuing the expert discovery deadline to June 13, 2013, however, conflicts with the deadlines to file (May 28, 2013) and hear (June 26, 2013) any non-dispositive motions and thus impacts all subsequent deadlines including the September 25, 2013, pre-trial conference date and the November 26, 2013, trial date. Thus, the schedule modification proposed by the parties cannot be granted in its present form.
The Court notes this is the third modification to the schedule the parties have requested, and the trial has been continued twice. (See Docs. 31, 35.)
However, if the parties wish to waive their right to file non-dispositive motions or elect to stipulate to a shortened notice and briefing schedule related to non-dispositive motions to allow non-dispositive motions to be heard prior to July 1, 2013, the schedule may be conducive to the modifications sought by the parties.
Accordingly, IT IS HEREBY ORDERED that the parties' stipulated request to modify the schedule is DENIED without prejudice. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE