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Jinny Lynn Pearce v. County of Kern

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 29, 2012

JINNY LYNN PEARCE, PLAINTIFF,
v.
COUNTY OF KERN, ANTHONY MICHAEL LAVIS, AND
DOES 1 TO 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

STIPULATION OF THE PARTIES TO AMEND THE SCHEDULING ORDER; ORDER THEREON Complaint Filed: 04/12/11 Trial Date: 04/30/13 STIPULATION

Undersigned counsel for Plaintiff, JINNY LYNN PEARCE, and undersigned counsel for Defendants, COUNTY OF KERN and ANTHONY MICHAEL LAVIS, all of parties who have appeared and remain in this action, hereby stipulate and agree as follows:

RECITALS

Whereas:

1. The currently scheduled deadlines and dates in this action are as follows: August 31, 2012 Non-Expert Discovery Cut-Off September 14, 2012 Expert Disclosure September 28, 2012 Supplemental Expert Disclosure October 31, 2012 Expert Discovery Cut-Off November 30, 2012 Non-Dispositive Pre-Trial Motions

(if any, to be filed by)

December 21, 2012 Dispositive Pre-Trial Motions

(if any, to be filed by)

March 14, 2013 Pre-Trial Conference

April 30, 2013 Trial

2. Undersigned counsel stipulate and agree that the Court should enter an Order amending the scheduling order in this case, such that:

a. The parties COMPLETE all DISCOVERY pertaining to NON-EXPERTS on or before October 30, 2012.

b. The parties are directed to DISCLOSE all EXPERT WITNESSES, in writing, on or before November 13, 2012.

c. The parties also shall DISCLOSE all SUPPLEMENTAL EXPERTS on or before November 27, 2012.

d. The parties are directed to COMPLETE all EXPERT DISCOVERY on or before December 31, 2012.

e. All NON-DISPOSITIVE PRE-TRIAL MOTIONS, including any discovery motions, shall be FILED no later than January 29, 2013 and will be heard in Courtroom ______ before Magistrate Judge Gary Austin.

f. All DISPOSITIVE PRE-TRIAL MOTIONS shall be filed no later than February 19, 2013 and will be heard in Courtroom ______ before the Honorable Anthony W. Ishii, Chief United States District Court Judge.

g. The PRE-TRIAL CONFERENCE will be held on May 13, 2013, at _________ a.m. in Courtroom ______.

h. The TRIAL will be held on June 28, 2013, at _______ a.m. in Courtroom ____ before the Honorable Anthony W. Ishii, Chief United States District Court Judge.

3. The parties so stipulate because:

(a) The calendars of counsel do not allow for the depositions to be taken at the times scheduled prior to the current non-expert discovery cut-off date;

(b) Certain witnesses have left the employ of the defendant, County of Kern, and have yet to be located and served;

(c) This is the first request by counsel to extend or amend the dates pertaining to this action;

(d) As the current trial date of April 30, 2013, would not allow sufficient time to conduct discovery, prepare and take the necessary depositions, or discovery that may arise from those depositions, the parties are agreeing to stipulate to a sixty (60) day continuance.

Dated: _______, 2012 RODRIGUEZ & ASSOCIATES By: ? /s/ Martha Rossiter DANIEL RODRIGUEZ, ESQ. JOHN A. KAWAI, ESQ. MARTHA ROSSITER, ESQ. Attorneys for Plaintiffs JINNY LYNN PEARCE Dated: ________, 2012 COUNTY COUNSEL By: /s/ Mark Nations MARK NATIONS, ESQ. Attorney for Defendant COUNTY OF KERN Dated: ________, 2012 ROBINSON & KELLER By: /s/ Oliver Robinson OLIVER U. ROBINSON, ESQ. Attorney for Defendant ANTHONY MICHAEL LAVIS

ORDER

THE PARTIES HAVING STIPULATED, IT IS HEREBY ORDERED THAT:

1. The parties COMPLETE all DISCOVERY pertaining to NON-EXPERTS on or before October 30, 2012.

2. The parties are directed to DISCLOSE all EXPERT WITNESSES, in writing, on or before November 13, 2012.

3. The parties also shall DISCLOSE all SUPPLEMENTAL EXPERTS on or before November 27, 2012.

4. The parties are directed to COMPLETE all EXPERT DISCOVERY on or before December 30, 2012.

5. All NON-DISPOSITIVE PRE-TRIAL MOTIONS, including any discovery motions, shall be FILED no later than January 29, 2013

6. All DISPOSITIVE PRE-TRIAL MOTIONS shall be filed no later than March 15, 2013

7. The parties are advised that they are responsible for placing any motions filed on the appropriate Judge's calendar for hearing.

8. The PRE-TRIAL CONFERENCE will be held on May 16, 2013, at 8:30 a.m. in Courtroom 2.

9. The TRIAL will be held on June 25, 2013, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, Chief United States District Court Judge.

IT IS SO ORDERED.

20120829

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