Opinion
Case No. 2:09-CV-3584 KJN P
09-28-2011
DELBERT CHRISTOPHER, Plaintiff, v. DEPUTY VANG, Defendant.
GREGORY P. EINHORN Attorneys for Defendant DEPUTY VANG
STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY, DISCLOSURE
OF EXPERT WITNESSES, AND PRETRIAL MOTIONS DEADLINES
Pursuant to Local Rule 143 and 144, the parties in the above-captioned case stipulate to a 90-day extension for the respective deadlines to conduct discovery, to disclose expert witnesses, and for pretrial motions.
The parties have previously stipulated to extensions for these deadlines to obtain records from California State Prison Corcoran ("CSP-C"), where Plaintiff Delbert Christopher is currently incarcerated; to retain experts willing to travel to Corcoran; and to schedule a medical exam. In June 2011, Plaintiff's medical expert examined Mr. Christopher at CSP-C and determined that an MRI is necessary to evaluate the injury. Plaintiff's counsel has been coordinating with CSP-C to conduct the MRI; however, as the timing of the MRI is left to the discretion of CSP-C, it is unclear when the MRI will be conducted. Given the time it has taken thus far to obtain records and arrange for the initial medical exam, the parties stipulate to a 90-day extension of the current pretrial deadlines listed below:
Currently, the deadline to conduct discovery is September 29, 2011, and the parties stipulate to a 90-day extension to conduct discovery until December 28, 2011. This is the second extension sought by the parties to extend the discovery deadline.
Currently, the deadline for expert witness disclosure is October 6, 2011, and the parties stipulate to a 90-day extension to disclose each party's experts until January 4, 2012. This is the fifth extension sought by the parties to extend the deadline for expert disclosure.
Currently, the deadline for pretrial motions is October 31, 2011, and the parties stipulate to a 90-day extension to conduct pretrial motions until January 29, 2012. This is the second extension for the pretrial motion deadline sought by the parties.
Respectfully submitted,
SHOOK, HARDY & BACON L.L.P
INA D. CHANG
Attorneys for Plaintiff
DELBERT CHRISTOPHER
GREGORY P. EINHORN
Attorneys for Defendant
DEPUTY VANG
ORDER
PURSUANT TO THE PARTIES' STIPULATION, AND FOR GOOD CAUSE SHOWN, WITH CERTAIN MODIFICATIONS THE AFOREMENTIONED DEADLINES ARE MODIFIED AS FOLLOWS:
Discovery may be conducted until December 28, 2011;
The deadline for expert witness disclosures is extended to January 4, 2012; and
The deadline for filing dispositive motions is extended to March 2, 2012.
SO ORDERED.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE