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John C. Brisbin, An Individual, Dba v. Calmat Co

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 4, 2012

JOHN C. BRISBIN, AN INDIVIDUAL, DBA
CONSTRUCTION DEVELOPMENT SYSTEMS,
PLAINTIFF,
v.
CALMAT CO, DBA VULCAN MATERIALS COMPANY - WESTERN
DIVISION; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANT. CALMAT CO., DBA VULCAN MATERIALS COMPANY -- WESTERN DIVISION, COUNTER-CLAIMANT
v.
JOHN C. BRISBIN, AN INDIVIDUAL, DBA CONSTRUCTION DEVELOPMENT SYSTEMS; WESTERN SURETY COMPANY, A SOUTH DAKOTA CORPORATION, COUNTER-DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING THE PARTIES' STIPULATED REQUEST TO MODIFY THE SCHEDULING ORDER (Docket No. 18)

On December 29, 2011, the parties filed a stipulation seeking a modification of the scheduling order. (Doc. 18.) Specifically, the parties have scheduled a private mediation that will take place on January 27, 2012, and the parties wish to "avoid taking all of the necessary depositions and completion of other discovery in the case prior to the . . . mediation, in order to save attorney's fees and costs." (Doc. 18, 2:20-24.) As such, the parties request that the deadlines be extended 60 days to accommodate the scheduled mediation.

Event Current Deadline Proposed Deadline

1. Non-Expert Disc. October 31, 2011 March 30, 2012

2. Expert Discovery January 31, 2012 March 30, 2012

3. Non-dispositive filing January 23, 2012 March 23, 2012

4. Dispositive motion filing February 29, 2012 April 27, 2012

5. Settlement Conference March 6, 2012 May 4, 2012

6. Pre-Trial Conference May 23, 2012 July 23, 2012

7. Trial July 17, 2012 September 17, 2012 The parties propose that no other deadlines be modified, e.g., the expert disclosure deadline and the supplemental expert disclosure deadline.

Allowing additional time for the parties to attempt to resolve their dispute through mediation conserves resources and represents good cause for a modification of the scheduling deadlines. While the deadlines proposed by the parties are generally acceptable, the Court will modify the proposed dates of the Pre-Trial Conference and the Trial date to comport with the Chief District Judge Ishii's calendar, and the proposed date for the settlement conference will be modified to comport with Magistrate Judge Oberto's calendar. Further, the proposed deadline for the close of discovery will be set prior to the deadline for filing non-dispositive motions.

Accordingly, the schedule is modified as follows:

Event Current Deadline New Deadline

1. Non-Expert Disc. October 31, 2011 March 16, 2012

2. Expert Discovery January 31, 2012 March 16, 2012

3. Non-dispositive filing January 23, 2012 March 21, 2012

4. Non-dispos. mtn hearing On or before April 18, 2012

5. Dispositive motion filing February 29, 2012 April 27, 2012

6. Disp. Motion hearing On or before June 11, 2012

5. Settlement Conference March 6, 2012 May 17, 2012

6. Pre-Trial Conference May 23, 2012 July 25, 2012

7. Trial July 17, 2012 September 18, 2012

IT IS SO ORDERED.

20120104

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