Gay L. Carroll, SBN 203803 Law Offices of Gay Carroll 770 L Street, Suite 950 Sacramento, California 95814 (916) 443-3553 Fax: (916) 443-2424 Attorney for Plaintiff JIMMY COCHRAN
STIPULATION AND PROPOSED
ORDER CONTINUING EXPERT
Pursuant to Federal Rules of Civil Procedure, Rule 29(b), Plaintiff JIMMY COCHRAN and Defendants ERIK K. SHINSEKI and the UNITED STATES DEPARTMENT OF VETERANS AFFAIRS hereby stipulate to the following:
1. The Parties hereto are actively engaging in both written discovery and the depositions of percipient witnesses. However, that discovery will not be complete until July 2012. As such, the Parties will not be able to ascertain the need for expert witnesses and subsequent discovery required from them until some time after discovery is complete. Requiring the Parties to engage in expensive expert disclosure and discovery at this stage will circumvent the "just, speedy, and inexpensive determination of [this] action." Babcock & Wilcox Co. v. N. Carolina Pulp Co., 25 F. Supp. 596 (D. Del. 1938)
2. At present, pursuant to the Court's scheduling order, the last day to disclose experts and produce expert reports is March 9, 2012; however as neither party knows its need for experts at this time, the Parties desire to stipulate to a revised discovery schedule.
3. For this reason, the Parties stipulate to the following expert discovery procedure:
a. Expert disclosure to be continued to September 7, 2012.
b. Rebuttal experts to be disclosed by October 5, 2012.
c. Expert discovery to be completed by November 9, 2012.
4. The parties do not seek to modify any other dates.
Good cause having been shown, the Parties proposed schedule for expert discovery is hereby approved.
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