Opinion
2:22-CV-00332-TLN-CKD
01-13-2023
MARC A. LUCERO, an Individual, Plaintiff, v. COUNTY OF SACRAMENTO, a Municipal Public Entity; and DOES 1-30, Inclusive, Defendants.
BRIAN M. BUSH ATTORNEY FOR PLAINTIFF, MARC A. LUCERO LONGYEAR & LAVRA, LLP NICOLE M. CAHILL ATTORNEYS FOR DEFENDANT, COUNTY OF SACRAMENTO
BRIAN M. BUSH ATTORNEY FOR PLAINTIFF, MARC A. LUCERO
LONGYEAR & LAVRA, LLP NICOLE M. CAHILL ATTORNEYS FOR DEFENDANT, COUNTY OF SACRAMENTO
JOINT STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER
Troy L. Nunley, United States District Judge
TO THE HONORABLE COURT:
The Parties to this action, Plaintiff Marc Lucero (“Plaintiff”), and Defendant County of Sacramento (“Defendant”, and collectively with Plaintiff, “the Parties”) by and through their respective counsel of record, jointly stipulate to the following and request an Order modifying the Initial Pretrial Scheduling Order set in this case (ECF Doc. 3), as follows:
RECITALS:
Whereas, Plaintiff filed this case on February 18, 2022, and an answer was filed by Defendant on June 6, 2022;
Whereas, the Parties have completed initial disclosures, document exchanges, Plaintiff has responded to case-specific written discovery, and Plaintiff's deposition is scheduled to be taken in January 17, 2023;
Whereas, additional necessary and specific written and deposition discovery is required in order to adequately prepare this matter for trial, and due to difficult scheduling circumstances the work is not likely to be completed in time to meet existing deadlines;
Whereas, Plaintiff's counsel is a solo practitioner with three trials scheduled to take place on dates directly conflicting with pending significant deadlines in this case, significantly limiting counsel's ability to prepare the case for trial or provide for meaningful settlement discussion;
Whereas, the Parties have met and conferred and agree that a modification of the existing scheduling order will best serve the interests of fairness and justice in this matter, and are in agreement on the proposed new dates and deadlines, set forth below;
Whereas, this is the first request of any kind from either Party for a modification of dates and deadlines in this case; and
Whereas, the proposed modifications to dates and deadlines set forth below in the Parties' Stipulation conform with, and match, the spacing and timing of caseevents in the Court's Initial Pretrial Scheduling Order.
STIPULATION & PROPOSED MODIFIED DATES:
NOW THEREFORE, for good cause, counsel for the Parties hereby stipulate and agree, and jointly request an Order from the Court modifying the Initial Pretrial Scheduling Order as follows:
Modified (new) - Discovery Cutoff: June 2, 2023
Expert Disclosures: August 1, 2023
Supplemental Expert Disclosures: August 31, 2023
Deadline for Supp. Disclosures/Responses: October 30, 2023
Dispositive Motion Filing Deadline: November 29, 2023
Section VII of the Initial Pretrial Scheduling Order pertaining to “Trial Setting” shall remain unmodified except any such dates therein shall run and shall be calculated from the new discovery cutoff. All sections and instructions of the Initial Pretrial Scheduling Order (ECF Doc. 3) not specifically modified by this stipulation and order remain in force and applicable in all respects to this case.
ORDER
The Court, having reviewed the Stipulation of the Parties and finding good cause thereon, orders the Initial Pretrial Scheduling Order MODIFIED and new dates and deadlines set in this matter, as follows:
Modified (new) - Discovery Cutoff: June 2, 2023
Expert Disclosures: August 1, 2023
Supplemental Expert Disclosures: August 31, 2023
Deadline for Supp. Disclosures/Responses: October 30, 2023
Dispositive Motion Filing Deadline: November 29, 2023
Section VII of the Initial Pretrial Scheduling Order pertaining to “Trial Setting” shall remain unmodified except any such dates therein shall run and shall be calculated from the new discovery cutoff. All sections and instructions in the Initial Pretrial Scheduling Order (ECF Doc. 3) not specifically modified by this stipulation and order remain in force and applicable in all respects to this case.
SO ORDERED.