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Lemire v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


October 13, 2009

SHERIE LEMIRE INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF ROBERT ST. JOVITE; GERARD CHARLES ST. JOVITE AND NICOLE ST. JOVITE PLAINTIFFS,
v.
ARNOLD SCHWARZENEGGER, ET AL. DEFENDANTS.

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

STIPULATION AND [PROPOSED] ORDER TO EXTEND DATE FOR EXPERT DISCLOSURE

Pursuant to Local Rule 83-143 the parties stipulate as follows: Plaintiffs amended their complaint on January 1, 2009, pursuant to stipulation of the parties. Defendants answered the second amended complaint on April 16, 2009. Since that time, the parties exchanged and responded to written discovery, and have been involved in numerous meet-and-confer conferences to informally address and resolve the discovery and other pleading issues and disputes.

Despite their diligent and reasonable efforts, the parties have not been able to complete the discovery necessary to exchange expert witness information. Defense counsel has been in trial for most of the past four months, and Plaintiffs' counsel was out of the country during the month of August. As a result, the parties agree that they will not be able to complete the bulk of the fact discovery necessary for meaningful expert disclosures until mid to late January 2010. The parties further agree to stipulate to the continuance of the deadline for expert disclosures, which is presently set for November 6, 2009, based on this Court's Order of September 8, 2008. (CR 33.) Accordingly, it is requested that the Court continue the date for expert disclosures to February 8, 2010, and the date for any rebuttal expert disclosure to March 8, 2010. These extensions will not necessitate the change of any of the other dates presently set, but will allow the parties to complete the fact discovery prior to the expert disclosures.

Consequently, the parties respectfully request that this court continue the date for expert disclosures from November 6, 2009 to February 8, 2010, and the date for exchange of any rebuttal expert witness from December 7, 2009 to March 8, 2010.

IT IS SO STIPULATED.

Order

The date set for expert disclosures is hereby continued from November 6, 2009 to February 8, 2010, and the date set for the disclosure of rebuttal expert witnesses is continued from December 7, 2009 to March 8, 2010.

IT IS SO ORDERED.

20091013

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