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Cruz v. United States Postal Service

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 5, 2008

CHRISTINA DE LA CRUZ, AN INDIVIDUAL; ISABEL DE LA CRUZ, AN INDIVIDUAL; AMY MICHELLE TARAZON BY AND THROUGH HER GUARDIAN AD LITEM, RICK TARAZON; JACOB PAUL DE LA CRUZ, BY AND THROUGH HIS GUARDIAN AD LITEM, ALFRED DE LA CRUZ, PLAINTIFFS,
v.
THE UNITED STATES POSTAL SERVICE; DAVINDER KAUR BADYAL, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

STIPULATION TO EXTEND EXPERT DISCLOSURE DATE; ORDER RE SAME

Plaintiffs Christine De la Cruz, Isabel De la Cruz, Amy Michelle Tarazon and Jacob Paul De la Cruz ("plaintiffs") and defendant United States of America ("defendant") (collectively "the parties") stipulate, by and through the undersigned counsel, to continue this action's expert disclosure deadlines sixty days, and as more specifically set forth below. Significantly, the parties do not seek a continuance of this action's pretrial conference or trial dates.

The parties base this stipulation on good cause. To explain, written discovery has commenced, and the parties initially planned on commencing with depositions in July 2008. The deposition of the Postal Service driver involved in the incident underlying this FTCA action, however, had to be postponed due to health-related issues pertaining to this witness. While the parties are in the midst of re-scheduling this witness's deposition and scheduling additional depositions, they face the undesirable prospect of having to disclose expert reports prior to experts' being able to review deposition transcripts of witnesses critical to the development of the case.

Accordingly, the parties stipulate and agree to continue this action's expert disclosure deadlines as specified below, and base it on the above-stated good cause. The parties request the court to endorse this stipulation by way of formal order.

Old Date New Date

Expert Disclosures September 19, 2008 November 21, 2008

Supplemental/Rebuttal October 27, 2008 December 29, 2008

Dated: September 2, 2008

Respectfully submitted,

(As authorized, 9/2/08)

IT IS SO ORDERED.

20080905

© 1992-2008 VersusLaw Inc.



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