The opinion of the court was delivered by: Hon. John A. Mendez
STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE DATE FOR VOCATIONAL REHABILITATION EXPERT DISCOVERY
This Stipulation to extend the expert disclosure date for vocational rehabilitation expert discovery is entered into by and between Defendant GE JOHNSON CONSTRUCTION COMPANY ("Defendant") and plaintiff TIMOTHY HARRIS by and through their respective counsel, with reference to the following facts:
1. WHEREAS, pursuant to the Pre-Trial Scheduling Order for this matter, expert disclosures are to be completed by December 15, 2009, and all discovery shall be completed by February 15, 2009;
2. WHEREAS, pursuant to Rule 16(b)(4) of the Federal Rules of Civil Procedure, Defendant seeks to modify the Pre-Trial Schedule as to the expert disclosure date for vocational rehabilitation expert discovery;
3. WHEREAS, Plaintiff's claims for damages in this matter include, but are not limited to, past and future wage loss and loss of earning capacity. Defendant has requested Plaintiff undergo a vocational rehabilitation interview with Defendant's certified vocational rehabilitation expert, Andrew M. O'Brien, on December 7, 2009 (this date has subsequently been changed to December 10, 2007). Plaintiff has objected to proceeding with the vocational rehabilitation interview;
4. WHEREAS, Defendant intends to move to compel Plaintiff's attendance at a vocational rehabilitation interview;
5. WHEREAS, pursuant to Eastern District Rule 78--230(b), the requirement for noticing a motion is twenty (28) days if personally served, and 31 days if served by mail, the Parties agree to extend the expert discovery disclosure date as to vocational rehabilitation experts to January 15, 2010, in order to provide Defendant time to file the above-referenced motion and have Plaintiff examined upon the Court's Order without requiring Defendant to file the above-referenced motion on shortened time;
6. This Stipulation does not modify the expert discovery disclosure dates for all other experts currently set on December 15, 2009, by the Pre-Trial Scheduling Order for this matter;
7. This Stipulation to extend the expert disclosure date for vocational rehabilitation expert discovery may be executed by attorneys of record in separate parts with facsimile signatures acceptable.
Dated: November ___, 2009
GORDON & REES LLP By: Jon C. Yonemitsu Charles S. Custer Keasara M. Williams Attorneys for Defendant GE JOHNSON CONSTRUCTION COMPANY
Dated: November ____, 2009
BUTLER VIADRO, LLP By: Chris A. Viadro Attorney for ...