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Hackett v. United States

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 18, 2009

ALBERT HACKETT AND DALANEA HACKETT, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION TO MODIFY SCHEDULING ORDER AND ORDER THEREON Complaint Filed: January 27, 2009 Trial Date: November 9, 2010

COMES NOW Plaintiffs Albert and Dalanea Hackett and Defendant United States of America, by and through their counsel of record, and hereby STIPULATE to modify the scheduling order to postpone the exchange of expert disclosures from November 2, 2009 until January 29, 2010. This requested change is based on the fact that the parties have now completed the exchange of written discovery and seek to mediate this action to determine if settlement can be reached prior to incurring the expense associated with lengthy party, percipient witness, and treating physician depositions, which should be taken prior to the exchange of expert disclosures in this case given Plaintiff's nearly million dollar administrative claim. The parties agree that settlement is more likely to occur if the time, energy and monies can be directed toward settlement efforts and not ongoing discovery and expert issues.

The parties have not previously requested any changes to the May 5, 2009 Scheduling Order and do not currently anticipate requesting any other Scheduling Order changes. The proposed change in the expert disclosure date will not impact any of the other scheduled dates. Specifically, discovery does not cutoff until April 7, 2010 and thus an expert exchange on January 29, 2010 will not impact the close of discovery or the scheduled pretrial motion, pretrial conference or trial dates. Thus, the only proposed change to the scheduling order is the date of expert exchange and all other dates and requirements of the order are unaffected.

IT IS SO STIPULATED.

DATED: September 16, 2009

[PROPOSED] ORDER

Pursuant to the parties' stipulation, and for good cause shown, the court hereby GRANTS the request for a modification of the April 5, 2009 Scheduling Order and Orders that expert disclosures shall now be continued from November 2, 2009 until January 29, 2010. All other dates and conditions in the scheduling order are unchanged.

IT IS SO ORDERED:

20090918

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