Opinion
Case No. 1:11-CV-00590 - GSA
01-28-2013
MARDEROSIAN, RUNYON, CERCONE & COHEN Sue Ann Cercone, Attorney for Defendants above-named. MOORE & MOORE Howard Moore, Jr. Attorney for Plaintiff above-named
Michael G. Marderosian, No. 77296
Sue Ann Cercone, No. 143122
MARDEROSIAN, RUNYON, CERCONE & COHEN
1260 Fulton Mall
Fresno, CA 93721
Telephone: (559) 441-7991
Facsimile: (559) 441-8170
Email: mick@mrcl-law.com
Email: scercone@mrcl-law.com
Attorneys for:Defendant, POLICE OFFICER FELIPE URIBE (erroneously sued herein as
F. URBA)
STIPULATION AND ORDER MODIFYING
SCHEDULING CONFERENCE ORDER
Trial: September 24, 2013
IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that the September 24, 2013, trial date be continued and that all other related scheduling matters be reset to coordinate with the new trial date.
Plaintiff, Lawrence Young, is currently in the military and stationed out of the area. This has impacted the parties' ability to complete discovery within the original dates provided by the court in its Scheduling Conference Order. For example, while plaintiff's counsel was amenable to the requested independent medical examination request of defendants, such examination could not be scheduled due to plaintiff's unavailability. Specifically, although plaintiff was in the Fresno area during the Christmas holidays, defendants were unable to schedule an examination date with the orthopedist. Counsel for both parties have conferred, and it is believed, an independent medical evaluation can be scheduled within the next four months. Plaintiff's attorney has indicated his client will be available for trial in Mid-January 2014. Defendants are agreeable to this continuation.
Therefore, the parties request that the trial be continued to Mid-January 2014, or such other date as is available on the court's calendar. The parties further agree that all related scheduling matters be reschedule in accordance with the new trial date.
MARDEROSIAN, RUNYON,
CERCONE & COHEN
By: ___________
Sue Ann Cercone,
Attorney for Defendants above-named.
MOORE & MOORE
By ___________
Howard Moore, Jr.
Attorney for Plaintiff above-named
ORDER
Good cause appearing, the parties' Stipulation is approved and accepted, and IT IS HEREBY ORDERED that the scheduling order be modified as follows:
+---------------------------------------------------------------------------+ ¦Deadline/Hearing ¦Current Date ¦New Date ¦ +--------------------------------------+------------------+-----------------¦ ¦Non-Expert Discovery Cutoff ¦February 28, 2013 ¦June 27, 2013 ¦ +--------------------------------------+------------------+-----------------¦ ¦Disclosure of Expert Witnesses ¦January 29, 2013 ¦May 28, 2013 ¦ +--------------------------------------+------------------+-----------------¦ ¦Disclosure of Rebuttal Expert ¦ ¦ ¦ ¦ ¦February 22, 2013 ¦June 21, 2013 ¦ ¦Witnesses ¦ ¦ ¦ +--------------------------------------+------------------+-----------------¦ ¦Expert Discovery Cutoff ¦March 29, 2013 ¦July 26, 2013 ¦ +--------------------------------------+------------------+-----------------¦ ¦Non-Dispositive Motion Filing Deadline¦April 19, 2013 ¦August 16, 2013 ¦ +--------------------------------------+------------------+-----------------¦ ¦Dispositive Motion Filing Deadline ¦May 13, 2013 ¦September 9, 2013¦ +--------------------------------------+------------------+-----------------¦ ¦ ¦ ¦November 22, 2013¦ ¦ ¦ ¦ ¦ ¦Settlement Conference ¦-0- ¦@ 1:30 p.m. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Courtroom 6 (MJS)¦ +--------------------------------------+------------------+-----------------¦ ¦ ¦ ¦November 29, 2013¦ ¦ ¦August 2, 2013 ¦ ¦ ¦ ¦ ¦@ 11:00 a.m. ¦ ¦Pre-Trial Conference ¦@ 11:00 a.m. ¦ ¦ ¦ ¦ ¦Courtro ¦ ¦ ¦Courtroom 10 ¦ ¦ ¦ ¦ ¦om 6 (MJS) ¦ +--------------------------------------+------------------+-----------------¦ ¦ ¦September 24, 2013¦January 21, 2014 ¦ ¦ ¦ ¦ ¦ ¦Trial ¦@ 9:00 a.m. ¦@ 9:00 a.m. ¦ ¦ ¦ ¦ ¦ ¦ ¦Courtroom 10 ¦Courtroom 6 (MJS)¦ +---------------------------------------------------------------------------+ IT IS SO ORDERED.
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE