Opinion
Case No. 2:10-CV-00487-JAM-CMK
10-21-2011
MARY HARRIS, Plaintiff, v. CITY OF REDDING CALIFORNIA, KIM NIEMER, MATTHEW MCCALLUM and DOES 1 through 20, Defendants.
GARY BRICKWOOD, State Bar No. 94892 BRICKWOOD LAW OFFICE Redding, CA 96001 Attorneys for Defendants CITY OF REDDING, KIM NIEMER and MATTHEW MCCALLUM
GARY BRICKWOOD, State Bar No. 94892
BRICKWOOD LAW OFFICE
Redding, CA 96001
Attorneys for Defendants CITY OF REDDING,
KIM NIEMER and MATTHEW MCCALLUM
AMENDED STIPULATION AND REQUEST TO MODIFY SCHEDULING ORDER,
DOCUMENT 15, DATED OCTOBER 29, 2010, UNITED STATES MAGISTRATE JUDGE, CRAIG KELLISON AND ORDER
The parties are unable to complete discovery on or before the discovery cutoff date of October 15, 2011. The reason for the inability is that plaintiff's deposition was scheduled for October 3, 2011, and was vacated because plaintiff was suffering from a medical condition that prevented her from completing her deposition. The deposition will, if possible, be rescheduled before October 15, but the parties anticipate that the delay will leave insufficient time to complete other pertinent non-expert discovery depositions following plaintiff's deposition. Plaintiff's deposition was delayed to October 3, because plaintiff was unable to complete written discovery when due in August 2011. As a result, an extension of time was provided for written discovery which delayed plaintiff's deposition to October 3.
As a result of these delays, the parties respectfully request and stipulate that the Court extend the time to conduct discovery from October 15, 2011, to December 1, 2011. The parties likewise request that the time for dispositive motions be filed on January 25, 2012 for hearing on February 22, 2012 at 9:30 a.m. in Courtroom #6, that the Joint Pretrial Statement shall be filed on or before April 6, 2012, that the Pretrial Conference be moved to April 13, 2012 at 11:00 a.m., and that jury trial be moved to June 18, 2012 at 9:00 a.m..
Respectfully submitted,
BRICKWOOD LAW OFFICE
GARY BRICKWOOD
Attorney for CITY OF REDDING,
KIM NIEMER and MATTHEW MCCALLUM
O'NEIL G. DENNIS
Attorney for Plaintiff
ORDER
Having reviewed the Stipulation and Joint Request for Modification of the Pretrial Scheduling Order, the Court orders the following modifications:
Discovery cutoff - December 1, 2011
Dispositive Motion cutoff - to be filed on or before January 25, 2012 for hearing on February 22, 2012 at 9:30 a.m. in Courtroom #6
Joint Pretrial Statement - to be filed on or before April 6, 2012
Final Pretrial Conference - April 13, 2012 at 11:00 a.m.
Trial - June 18, 2012 at 9:00 a.m.
IT IS SO ORDERED.
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE