The opinion of the court was delivered by: Judge: Oliver W. Wanger
PUBLIC GUARDIAN OF STANISLAUS 2 COUNTY, JOINT STIPULATION AND ORDER REGARDING MODIFICATION OF SCHEDULING ORDER
Dept.: Courtroom 3, Seventh Floor
Defendant MURPHY SABATINO (hereinafter "Sabatino") along with Plaintiff JOSEPHINE HOUSE, by her guardian ad litem, PUBLIC GUARDIAN OF STANISLAUS COUNTY and Defendants CAL STATE HOME MORTGAGE COMPANY, INC., CAL STATE HOME LOANS and ALEXANDER GOMEZ (collectively "Cal State") hereby stipulate and seek leave pursuant to Rule 16(b) of the Federal Rules of Civil Procedure to extend the deadlines for expert witness and rebuttal expert disclosure in the Order Regarding Modification of Scheduling Order filed on November 13, 2009 ("Modified Scheduling Order"). Cal State and Sabatino are the only named Defendants who have appeared in this action. The extension requested by the parties will not effect the other dates currently set by the Court in the Modified Scheduling Order. Good cause exists for this request as follows:
The parties have been conducting depositions and written discovery. Depositions for the Cal State Defendants and Murphy Sabatino have been completed. The parties are in the process of scheduling the depositions of Plaintiff Josephine House and the guardian ad litem. Plaintiff has also indicated that they are considering amending the Complaint to add new parties. There is a Mandatory Settlement Conference set for January 28, 2010. In light of the foregoing, and in order for the parties to reduce costs for expert discovery pending the Mandatory Settlement Conference, and potential amendment of the complaint, the parties wish to continue the expert disclosure and preparation of reports until after the Mandatory Settlement Conference has occurred.
The parties have diligently submitted this stipulation. This is the party's third request for modification to the Scheduling Order initially filed on July 28, 2009. Accordingly, the parties respectfully request the Court modify the Modified Scheduling Order as follows: Mandatory Settlement Conference January 28, 2010 (same)
Expert Disclosure February 5, 2010
Expert Rebuttal February 26, 2010
Discovery Cutoff March 12, 2010
Non-Dispositive Motions March 19, 2010
Dispositive Pre-Trial Motions March 26, 2010
Pre-Trial Conference April 26, 2010 (same)
Trial June 8, 2010 (same)
PURSUANT TO STIPULATION, IT IS ...