Opinion
Case No. 2:11-cv-01954-WBS-EFB
01-09-2012
SHAW VALENZA LLP D. Gregory Valenza, Bar No. 161250 Amy K. Lee, Bar No. 244542 Attorneys for Defendant The Jackson Laboratory Leo F. Donahue, Esq. Leo F. Donahue, Inc. Kevin W. Harris, Esq. Law Offices of Kevin W. Harris Attorneys for Plaintiff Kelly Keehner
SHAW VALENZA LLP
D. Gregory Valenza, Bar No. 161250
Amy K. Lee, Bar No. 244542
Attorneys for Defendant
The Jackson Laboratory
Leo F. Donahue, Esq.
Leo F. Donahue, Inc.
Kevin W. Harris, Esq.
Law Offices of Kevin W. Harris
Attorneys for Plaintiff Kelly Keehner
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DISCOVERY
AND EXPERT DISCLOSURE DEADLINES [E.D. Cal. L. R. 137; 143]
Courtroom 5
Judge: Hon. William B. Shubb
Plaintiff KELLY KEEHNER ("Plaintiff") and Defendant THE JACKSON LABORATORY ("Defendant"), by and between their respective attorneys of record, hereby stipulate as follows:
1. On September 20, 2011, the parties filed a Joint Status Report with this Court, agreeing and requesting that the discovery cut-off occur 90 days before trial.
2. On October 28, 2011, this Court issued a Pretrial Scheduling Order, setting the trial date for August 28, 2012.
3. The Pretrial Scheduling Order also set the expert disclosure deadline for no later than January 17, 2012, which is 7 months before the scheduled trial date. The Pretrial Scheduling Order further set the completion of discovery for no later than February 29, 2012, which is 6 months before the scheduled trial date.
4. The parties have had insufficient opportunity to propound necessary discovery and take depositions in preparation for a Motion for Summary Judgment or Trial.
5. The parties have not yet received all of Plaintiff's medical records to provide to experts and have had insufficient opportunity to obtain expert reports before the January 17, 2012 deadline.
6. A brief 30 day continuance of the deadlines is necessary in order for both parties to obtain the information necessary to prepare a Motion for Summary Judgment or for Trial.
7. Pursuant to Local Rules 137 and 143, as well as Section IX of the Pretrial Scheduling Order, the parties agree to a continuance of the expert disclosure and reports cut-off to February 17, 2012 and discovery cut-off to March 29, 2012.
SO STIPULATED:
SHAW VALENZA LLP
By: ____________
D. Gregory Valenza
Amy K. Lee
Attorneys for Defendant
THE JACKSON LABORATORY
LEO F. DONAHUE, INC.
LAW OFFICES OF KEVIN W. HARRIS
By: ____________
Leo F. Donahue
Kevin W Harris
Attorneys for Plaintiff
Kelly Keehner
ORDER
Pursuant to the parties' Stipulation, and GOOD CAUSE APPEARING therefore: IT IS HEREBY ORDERED that the parties shall disclose experts and produce reports by no later than February 17, 2012.
IT IS FURTHER ORDERED that all discovery shall be completed by March 29, 2012.
____________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE