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Donna L. Murray v. Prudential Insurance Company of America

UNITED STATES DISTRICT COURT IN AND FOR EASTERN DISTRICT OF CALIFORNIA


April 19, 2011

DONNA L. MURRAY
PLAINTIFF,
v.
PRUDENTIAL INSURANCE COMPANY OF AMERICA DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

STIPULATION RE: MODIFICATION OF PRETRIAL SCHEDULING ORDER; ORDER

The court, having reviewed the STIPULATION EXTENDING DATES FOR CLOSE OF DISCOVERY AND DISCLOSURE OF EXPERT WITNESSES submitted by the parties on April 11, 2011, HEREBY finds as follows:

Although a stipulation by the parties, without more, may not constitute "good cause" to modify a Pretrial Scheduling Order pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the court finds that the parties herein have shown "good cause" herein on the grounds that:

A) they have properly and diligently participated in pretrial discovery;

B) they have engaged in settlement discussions; and

C) they desire additional time to engage in an alternate dispute resolution process which may resolve the matter without trial.

[Proposed Order] re: STIPULATION EXTENDING DATES FOR CLOSE OF DISCOVERY AND DISCLOSURE OF EXPERT WITNESSES

Although the Court notes that the parties have suggested retaining the currently scheduled Final Pretrial Conference and trial dates, the Court finds the extensions being proposed impinge too closely on the February 12, 2012 trial date now set in this matter. Accordingly, the Court continues that trial date to April 2, 2012. An amended Pretrial Scheduling Order will be issued setting forth other applicable deadlines in conjunction with that new trial date.

IT IS SO ORDERED.

20110419

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