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Daniel Delgado v. Orchard Supply Hardware

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 14, 2011

DANIEL DELGADO,
PLAINTIFF,
v.
ORCHARD SUPPLY HARDWARE CORPORATION, SAVE MART SUPERMARKETS, INC., AND DOES 1 -- 10, DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

Matthew R. Orr, Bar No. 211097 Morr@calljensen.com Michael S. Orr, Bar No. 196844 Msorr@calljensen.com CALL & JENSEN A Professional Corporation 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Tel: (949) 717-3000 Fax: (949) 717-3100 Attorneys for Defendant Orchard Supply Hardware Corporation

JOINT STIPULATION TO SET TRIAL DATE AND PRETRIAL DEADLINES; AND ORDER

Complaint Filed: October 20, 2009

Trial Date: Pending assignment

WHEREAS, the Court issued a Pretrial Order on September 21, 2011 ("Pretrial Order") setting a trial date of October 31, 2011 and establishing various pretrial deadlines;

WHEREAS, after the Pretrial Order was issued, the Parties consented to this matter being tried by United States Magistrate Judge Barbara A. McAuliffe; and

WHEREAS, on September 28, 2011, this Court ordered the Parties to submit a stipulation and proposed order setting a new trial date and modifying the additional pretrial dates established in the Pretrial Order.

THEREFORE, the Parties have agreed to a December 12, 2011 trial date and the following pretrial deadlines:

Exhibit exchange: November 4, 2011

Exhibit conference by: November 11, 2011 Serve proposed jury instructions and verdict forms: November 18, 2011 Conduct conference re: jury instructions: November 30, 2011 File and serve trial brief: December 2, 2011 File all agreed-on jury instructions and special verdict form with disputed additions clearly marked: December 5, 2011 File and serve list of pre-marked exhibits: December 7, 2011 Submit pre-marked exhibits to the Clerk's office: December 7, 2011 File joint neutral statement of the case: December 7, 2011 File proposed jury voir dire: December 8, 2011 Trial date: December 12, 2011 WHEREAS, Mark Bringuel is no longer employed by OSH and therefore OSH will amend its trial witness list to replace Mr. Bringuel with Ms. Anita Haws as its representative at trial;

WHEREAS, Plaintiff has requested to take Ms. Haws's deposition before the Parties are required to file motions in limine;

WHEREAS, the Parties have agreed thatMs. Haws's deposition will take place on October 20, 2011; and

WHEREAS, pursuant to this Court's September 30, 2011 Order, motions in limine were to be filed no later than October 19, 2011;

THEREFORE, the Parties have agreed and hereby stipulate to modify the motion in limine schedule as follows to allow Plaintiff to complete the deposition of Ms. Haws before motions in limine are filed:

File and serve motions in limine: November 1, 2011 File and serve oppositions to motions in limine: November 10, 2011 Hearing on motions in limine: November 22, 2011, or an alternate date that is convenient for this Court Dated: October 14, 2011

ORDER

The Parties having stipulated and good cause appearing, IT IS HEREBY ORDERED that the Court's Pretrial Order issued September 21, 2011 be modified as follows:

Exhibit exchange: November 4, 2011

Exhibit conference by: November 11, 2011 Serve proposed jury instructions and verdict forms: November 18, 2011 Conduct conference re: jury instructions: November 30, 2011 File and serve trial brief: December 2, 2011 File all agreed-on jury instructions and special verdict form with disputed additions clearly marked: December 5, 2011 File and serve list of pre-marked exhibits: December 7, 2011 Submit pre-marked exhibits to the Clerk's office: December 7, 2011 File joint neutral statement of the case: December 7, 2011 File proposed jury voir dire: December 7, 2011 Jury Trial date: December 12, 2011 at 9:00 AM in Courtroom 8 (BAM)

IT IS HEREBY FURTHER ORDERED that this Court's September 30, 2011 Order be modified as follows:

File and serve motions in limine: November 1, 2011;

File and serve oppositions to motions in limine: November 10, 2011; and Hearing on motions in limine: November 22, 2011 at 10:00 AM in Courtroom 8 (BAM) before Judge McAuliffe.

IT IS SO ORDERED.

Sandra M. Snyder

20111014

© 1992-2011 VersusLaw Inc.



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