Opinion
Case No.: 1:06-CV-00287-OWW-SMS.
June 1, 2007
STEPHEN T. CLIFFORD, ESQ., SBN 39020, T. MARK SMITH, ESQ., SBN 162370, Clifford Brown, A Professional Corporation, Attorneys at Law, Bakersfield, CA, Attorneys for Defendants, BAYER CORPORATION and BAYER CROPSCIENCE, LP.
JOINT REQUEST, AND ORDER, TO RESET PRE-TRIAL MOTION SCHEDULE; ORDER
REQUEST
The parties in this case, acting through their respective counsel, jointly request that the time by which all non-dispositive pre-trial motions, including any discovery motions, and all dispositive pre-trial motions be extended. Specifically, the parties request that the Court order that all non-dispositive pre-trial motions, including any discovery motions, will be filed on or before August 12, 2007, and be heard on the September 14, 2007 at 9:00 a.m. before Magistrate Judge Sandra M. Snyder in Courtroom 7. The parties further request that all dispositive pre-trial motions will be filed no later than August 27, 2007 and will be heard on September 24, 2007, at 10:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.
The reasons for this request follow.
As stated in this Court's May 21, 2007 Order extending the discovery cut-off date and resetting the Mandatory Settlement Conference date, while the parties have, in good faith, engaged in extensive oral and written discovery, such discovery cut-off dates were required to be extended to July 30, 2007. Accordingly, the parties now request that the corresponding dates to file dispositive and non-dispositive pre-trial motions should be extended in light of the discovery date extensions. /s/ Ted R. Frame /s/ T. Mark Smith
June 1, 2007 DAMRELL, NELSON SCHRIMP, PALLIOUS, PACHER SILVA FRAME MATSUMOTO By: ______. TED R. FRAME Attorneys for Plaintiff (Consent provided on 6/1/07) June 1, 2007 CLIFFORD BROWN By: ______. T. MARK SMITH Attorneys for DefendantsORDER
GOOD CAUSE APPEARING, IT IS ORDERED as follows:The pre-trial motion schedule set forth in the Scheduling Conference Order is amended as follows:
X. Pre-Trial Motions Schedule.
1. All Non-Dispositive Pre-Trial Motions, including any discovery motions, will be filed on or before August 12, 2007, and heard on or before September 14, 2007, at 9:30 a.m. before Magistrate Judge Sandra M. Snyder in Courtroom 7.
2. In scheduling such motions, the Magistrate Judge may grant applications for an order shortening time pursuant to Local Rule 142(d). However, if counsel does not obtain an order shortening time, the notice of motion must comply with Local Rule 251.
3. All Dispositive Pre-Trial Motions are to be filed no later than August 27, 2007, and will be heard on September 24, 2007 at 10:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, 7th Floor. In scheduling such motions, counsel shall comply with Local Rule 230.