Opinion
Case No. 1:11-CV-01489-LJO-JLT
04-19-2013
WENDY WALSH, individually and as Successor-in-Interest to SETH WALSH, Deceased; and Sh.W., a minor, by his Guardian ad Litem, WENDY WALSH, Plaintiffs, v. TEHACHAPI UNIFIED SCHOOL DISTRICT; SUPERINTENDENT SWANSON; SUSAN ORTEGA; MR. KAMINSKY; MS. KIRBY; MS. HAIGHT; MRS. KABONIC; MR. FEEHAN; and DOES 1 through 100, Inclusive, Defendants.
RODRIGUEZ & ASSOCIATES DANIEL RODRIGUEZ JOHN A. KAWAI Attorneys for Plaintiffs, WENDY WALSH and Sh.W. ROBINSON & KELLAR MICHAEL C. KELLAR Attorney for Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN ORTEGA, and PAUL KAMINSKI POLLAK, VIDA & FISHER DANIEL P. BARER GIRARD FISHER Attorneys for Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN ORTEGA, and PAUL KAMINSKI
Daniel Rodriguez, Esq., SBN 096625
Joel T. Andreesen, Esq., SBN 152254
John A. Kawai, Esq., SBN 260120
RODRIGUEZ & ASSOCIATES
A Professional Law Corporation
2020 Eye Street
Bakersfield, CA 93301
Phone: (661) 323-1400 Fax: (661) 323-0132
Attorneys for Plaintiffs WENDY WALSH, individually
and as Successor-in-Interest to SETH WALSH, Deceased;
and Sh.W., a minor, by his Guardian ad Litem,
WENDY WALSH.
STIPULATION TO AMEND THE
SCHEDULING ORDER;
ORDER
(Doc. 44)
STIPULATION
1. Undersigned counsel for Plaintiffs, WENDY WALSH and Sh.W., and undersigned counsel for Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN ORTEGA, and PAUL KAMINSKI, all of the parties who have appeared and remain in this action, hereby stipulate and agree as follows: 2. WHEREAS:
The currently scheduled deadlines and dates in this action are as follows:
• Non-expert discovery cut-off: May 24, 2013;3. Undersigned counsel stipulate and agree to request that the Court enter an Order amending the scheduling order in this case, such that:
• Joint expert disclosure: May 30, 2013;
• Joint rebuttal expert disclosure: June 21, 2013;
• Expert discovery cut-off: July 19, 2013;
• Nondispositive motion filing: July 19, 2013, to be heard no later than August 16, 2013;
• Dispositive pre-trial motion filing: July 11, 2013, to be heard no later than August 22, 2013;
• Settlement conference: September 19, 2013, 10:00 a.m.;
• Pre-trial conference: November 13, 2013 at 8:30 a.m. in Courtroom 4.
a. All non-expert discovery shall be completed no later than August 2, 2013;4. The parties so stipulate because:
b. Joint expert disclosure, in the manner required by the scheduling order, shall occur no later than August 9, 2013;
c. Joint rebuttal expert disclosure, in the manner required by the scheduling order, shall occur no later than August 30, 2013;
d. All expert discovery shall be completed no later than September 20, 2013;
e. Any non-dispositive motions shall be filed no later than September 20, 2013 and heard no later than October 18, 2013;
f. All dispositive pre-trial motions shall be filed no later than November 8, 2013 and heard no later than December 6, 2013;
g. The settlement conference shall take place in November of 2013, according to the Court's schedule;
h. The pre-trial conference shall take place December 2013, according to the Court's schedule.
(a) The trial schedules of defense counsel Michael Kellar and plaintiff's counsel Daniel Rodriguez and John Kawai have made it impossible for certain witness depositions that the parties believe are necessary to take place before the current non-expert discovery cut-off. Mr. Kellar is currently engaged in trial in the Superior Court of California, County of Kern, and Messrs. Rodriguez and Kawai have a trial in Hugh Suhr v. Sears, Roebuck & Co. (Case No. S-1500-CV-270679), which is trailing in the same department and expected to commence on April 29, 2013. Therefore, despite the diligence of all parties, additional time is required to conduct depositions.
(b) It is therefore impossible for the parties to complete the necessary discovery in this case before the current non-expert discovery cut-off date.
(c) The parties believe that this constitutes good cause for an amendment of the scheduling order in this case, and believe that an additional seventy (70) days will be sufficient to complete non-expert discovery.
RODRIGUEZ & ASSOCIATES
By: __________
DANIEL RODRIGUEZ
JOHN A. KAWAI
Attorneys for Plaintiffs,
WENDY WALSH and Sh.W.
ROBINSON & KELLAR
By: __________
MICHAEL C. KELLAR
Attorney for Defendants,
TEHACHAPI UNIFIED SCHOOL
DISTRICT, SUSAN ORTEGA, and
PAUL KAMINSKI
POLLAK, VIDA & FISHER
By: __________
DANIEL P. BARER
GIRARD FISHER
Attorneys for Defendants,
TEHACHAPI UNIFIED SCHOOL
DISTRICT, SUSAN ORTEGA, and
PAUL KAMINSKI
ORDER
The parties having stipulated, and good cause appearing, the Court ORDERS: The stipulation to amend the scheduling order is GRANTED as follows:
1. All non-expert discovery SHALL be completed no later than August 2, 2013 ;Absolutely no further modifications to the scheduling order will be authorized. IT IS SO ORDERED.
2. Joint expert disclosure, in the manner required by the scheduling order, SHALL occur no later than August 9, 2013 ;
3. Joint rebuttal expert disclosure, in the manner required by the scheduling order, SHALL occur no later than August 30, 2013 ;
4. All expert discovery SHALL be completed no later than September 20, 2013 ;
5. Any non-dispositive motions SHALL be filed no later than September 20, 2013 and heard no later than October 18, 2013 ;
6. All dispositive pre-trial motions SHALL be filed no later than November 8, 2013 and heard no later than January 2, 2014 at 8:30 a.m.
7. The settlement conference SHALL take place on November 7, 2013 at 10:00 a.m..
8. The pre-trial conference SHALL take place on February 18, 2014 at 8:30 a.m. in Courtroom 4.
9. The trial is set on April 29, 2014 .
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE