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In-Shape Health Clubs, Inc., A California Corporation v. Turlock Health & Fitness Center

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 21, 2011

IN-SHAPE HEALTH CLUBS, INC., A CALIFORNIA CORPORATION,
PLAINTIFF,
v.
TURLOCK HEALTH & FITNESS CENTER, INC., DBA BRENDA ATHLETIC CLUBS, A CALIFORNIA CORPORATION;
AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable John A. Mendez

STIPULATION AND ORDER MODIFYING SCHEDULING ORDER WITH RESPECT TO EXPERT DISCLOSURE AND DISCOVERY DEADLINES

RECITALS

Whereas, this Court's Scheduling Order (Doc. # 10) currently requires the parties to disclose their expert witnesses pursuant to Federal Rule of Civil Procedure 26(a)(2) by July 15, 2011;

Whereas, this Court's Scheduling Order currently requires the parties to disclose any supplemental or rebuttal experts pursuant to Federal Rule of Civil Procedure 26(a)(2)(c) by July 22, 2011;

Whereas, this Court's Scheduling order currently orders that all discovery shall be completed by September 16, 2011;

Whereas, counsel for Plaintiff are unavailable and traveling out-of-state over the next several weeks, making the completion of expert discovery difficult;

Whereas, in light of the unavailability of counsel, the parties agree that good cause exists to modify the Scheduling Order and to continue the expert disclosure and expert discovery deadlines only;

Now, therefore, the parties enter into the following stipulation:

STIPULATION

The parties, by and through their respective attorneys, stipulate and agree as follows:

1. The deadline to disclose expert witnesses pursuant to Federal Rule of Civil Procedure 26(a)(2) is continued to September 9, 2011;

2. The deadline to disclose any supplement or rebuttal expert witnesses pursuant to Federal Rule of Civil Procedure 26(a)(2)(c) is continued to September 16, 2011;

3. The deadline to complete expert discovery only is continued to September 30, 2011; and

4. All other pre-trial and trial dates shall remain the same.

Dated: June 21, 2011 MENNEMEIER, GLASSMAN & STROUD LLP By: /s/ Andrew W. Stroud Attorneys for Plaintiff Dated: June 21, 2011 WARDA & YONANO, LLP By: /s/ Michael S. Warda Attorneys for Defendant

ORDER

IT IS SO ORDERED.

John A. Mendez U.S. DISTRICT COURT JUDGE

20110621

© 1992-2011 VersusLaw Inc.



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