STIPULATION TO MODIFY SCHEDULING ORDER AND PROPOSED ORDER THEREON
Complaint Filed: September 19, 2008
Trial Date: August 24, 2010
COMES NOW Plaintiff Freddy Arias and Defendant Peter Geren, Secretary of the Army, by and through their counsel of record, and hereby STIPULATE to modify the scheduling order to postpone the exchange of expert disclosures from November 9, 2009 until December 20, 2009 and the close of discovery from January 15, 2010 until February 26, 2010. This requested change is based on the fact that Plaintiff's counsel moved offices and has had other circumstances that interfered with his ability to timely produce the initial disclosure, discovery responses, or produce Plaintiff for deposition. Discovery has also been delayed by the need for releases to secure documents from outside third parties. The United States is willing to accommodate Plaintiff's need for a little more time if it is not harmed thereby, which harm can be avoided if this Court agrees to a brief extension of time as specified herein and if Plaintiff provides all outstanding information by the end of September, provides the requested executed release, and appears for his deposition on the agreed upon date in October.
The parties have not previously requested any changes to the July 9, 2009 Scheduling Order and do not currently anticipate requesting any other Scheduling Order changes. The proposed changes in the expert disclosure date and discovery cutoff will not impact any of the other scheduled dates including the March 30, 2010 dispositive motion filing deadline, June 14, 2010 final Pretrial Conference and August 24, 2010 trial. Thus, the only proposed changes to the scheduling order are the expert disclosure date and discovery cutoff, all other dates and requirements of the order are unaffected.
DATED: September 17, 2009
LAW OFFICE OF WILLIAM R. HOPKINS WILLIAM R. HOPKINS Attorney for Plaintiff Freddy Arias
LAWRENCE G. BROWN United States Attorney
KELLI L. TAYLOR, Assistant U.S. Attorney Attorneys for Peter Geren, Secretary of the Army
Pursuant to the parties' stipulation, and for good cause shown, the court hereby GRANTS the request for a modification of the July 9, 2009 Scheduling Order and Orders that expert disclosures shall now be continued from November 9, 2009 until December 20, 2010 and close of discovery shall be extended from January 15, 2010 until February 26, 2010. All other dates and conditions in the scheduling order are unchanged including the March 30, 2010 dispositive motion filing deadline, June 14, 2010 final Pretrial Conference and August 24, 2010 trial.
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