Opinion
2:20-cv-01814-CDS-DJA
08-22-2022
Pamela Brown, Individually, and as Special Administratrix of the Estate of James Brown, Plaintiffs, v. United States of America Defendant.
STIPULATION TO EXTEND REMAINING DEADLINES (FIFTH REQUEST)
Pursuant to Local Rule 26-4 and Local Rule IA 6-1, the parties respectfully request a 60-day extension of the remaining deadlines. This is the fifth request for an extension of time. 1
A. Discovery completed to date
This is a complex medical malpractice wrongful death case. The parties have provided disclosures, exchanged written discovery including numerous medical records, and subpoenaed multiple third parties. The parties have deposed the plaintiff, other family members of the decedent, and two of the medical providers who treated the decedent. The deadlines for amendment and to add parties have passed. The parties have closely cooperated to move discovery forward. The deposition of Dr. Ayat, a cardiologist who treated the decedent was taken on April 18, 2022.
B. Remaining Discovery
The parties have completed fact witness depositions and are very near the completion of written discovery. The main tasks remaining in discovery are disclosure of rebuttal experts and rebuttal reports, and conducting expert and rebuttal witness depositions.
C. Reasons for Requested Extension
Rebuttal Expert Disclosures are currently set for August 22, 2022, and Discovery is currently set to close on September 22, 2022. Parties are concerned that it will be difficult to complete expert witness and rebuttal expert witness depositions prior to the close of discovery. Additionally, Plaintiff's counsel is anticipating ophthalmological surgery which will further limit the availability of deposition dates. 2
Given the above, the parties are seeking this extension to allow sufficient time to complete the necessary discovery in this complex case. The parties have and will continue to cooperate in conducting discovery and are seeking this extension in good faith and without purpose of delay.
D. Proposed revised Discovery Schedule
Current due date
Proposed due date
Discovery Cut-Off
September 22, 2022
November 22, 2022
Rebuttal Expert Disclosures
August 22, 2022
October 24, 2022
Dispositive Motions
October 24, 2022
December 27, 2022
Pre-Trial Order
November 23, 2022
January 23, 2023
IT IS SO-ORDERED. 3