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Hackett v. United States

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 20, 2010

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

COME NOW Plaintiff Albert 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 a mutual exchange on January 29, 2010, to a staggered exchange wherein Plaintiff's disclosure is due on February 19, 2010 and Defendant's disclosure is due on March 5, 2010. All other dates in the scheduling order will remain unaffected.

This is the parties' second requested postponement of expert disclosures. The first request was after the parties completed the exchange of written discovery and sought to mediate this action to determine if settlement could 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 in fact mediated this case on November 19, 2009, but were unable to reach a settlement. Settlement discussions were hampered, in part, because of a significant unanswered question regarding Plaintiff's health. Plaintiff has requested an opportunity to further evaluate this issue with his primary care physician and specialist before incurring further expert expenses and litigation costs and so the parties can determine whether settlement can be reached. The United States is agreeable to a slight delay in the expert exchange as specified herein, especially because it will not impact the other dates in the scheduling order. Specifically, discovery will still cutoff on April 7, 2010, and the scheduled pretrial motion deadline, pretrial conference and trial dates will remain unchanged. Thus, the only proposed changes to the scheduling order are the dates of expert exchange and all other dates and requirements of the order are unaffected.

IT IS SO STIPULATED.

DATED: January 7, 2010 LAW OFFICE OF DARRIN W. MERCIER DARRIN W. MERCIER Attorney for Plaintiffs

DATED: January 7, 2010 BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR, Assistant U.S. Attorney Attorneys for the United States

ORDER

Pursuant to the parties' stipulation, and for good cause shown, the court hereby GRANTS the request for a modification of the Scheduling Orders dated April 5, 2009 and September 18, 2009. Plaintiff's expert disclosure shall now be due on February 19, 2010 and Defendant's expert disclosure shall be due on March 5, 2010. All other dates and conditions in the scheduling order are unchanged.

IT IS SO ORDERED:

20100120

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