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Cynthia O'conner v. United States of America

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 5, 2012

CYNTHIA O'CONNER, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

STIPULATION REQUESTING MODIFICATION OF EXPERT WITNESS DEADLINES IN SCHEDULING ORDER; PROPOSED ORDER

Plaintiff Cynthia O'Conner and defendant United States of America hereby stipulate and agree as follows:

1. On February 17, 2012, the Court entered its Status (Pretrial Scheduling)

Order for the case. Docket 14.

2. The scheduling order set the following expert witness disclosure deadlines:

Expert Witness Disclosure December 3, 2012 Supplemental Expert Witnesses January 3, 2013

3. On October 12, 2012, the United States filed a motion to dismiss plaintiff's complaint in this action with prejudice for lack of subject matter jurisdiction.

Docket 16. The United States set the hearing on the motion for November 19, 2012. Id.

Stipulation to Modify Expert Witness Deadlines in Scheduling Order; Proposed Order

4. On November 2, 2012, at plaintiff's request, the parties stipulated to continue to hearing date and modify the briefing schedule for the motion to dismiss.

Docket 17.

5. The Court approved the stipulation and signed an order on November 5,

2012 which rescheduled the hearing on the motion to dismiss to December 3, 2012.

Docket 18.

6. Because the motion to dismiss is set to be heard on the same day on which the parties' initial expert witness disclosures are due, the parties agree that good cause exists to request that the Court modify its scheduling order to allow time for the Court to rule on the motion before the parties are required to incur the time and expense necessary to disclose expert witnesses.

7. Accordingly, the parties agree to request that the Court modify the scheduling order as follows, or to alternative dates convenient to the Court: Old Date New Date

Expert Witness Disclosure December 3, 2012 February 22, 2013 Supplemental Expert Witnesses January 3, 2013 March 13, 2013

8. Since the parties are not asking the Court to modify the discovery cutoff, pretrial, or trial dates, modification of the scheduling order will not prejudice either party, and should not negatively impact the Court's schedule for this case.

Respectfully submitted, DATED: November 5, 2012 BENJAMIN B. WAGNER United States Attorney By: /s/ Lynn Trinka Ernce LYNN TRINKA ERNCE Assistant United States Attorney DATED: November 5, 2012 ALTEMUS & WAGNER By: /s/ Stewart C. Altemus STEWART C. ALTEMUS Attorneys for Plaintiff

Stipulation to Modify Expert Witness Deadlines in Scheduling Order; Proposed Order

ORDER

IT IS SO ORDERED, but the good cause issue is not reached.

20121105

© 1992-2012 VersusLaw Inc.



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