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Jesse Ray Lucas, Individually v. City of Visalia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 6, 2012

JESSE RAY LUCAS, INDIVIDUALLY,
PLAINTIFF,
v.
CITY OF VISALIA; VISALIA POLICE DEPARTMENT; ROBERT CARDEN, INDIVIDUALLY AND IN HIS CAPACITY AS CHIEF OF POLICE OF THE VISALIA POLICE DEPARTMENT; VISALIA POLICE OFFICER CARMEN ESPARZA, INDIVIDUALLY AND IN HER CAPACITY AS A POLICE OFFICER; VISALIA POLICE OFFICER SEAN O'RAFFERTY, INDIVIDUALLY AND IN HIS CAPACITY AS A POLICE OFFICER; TASER INTERNATIONAL, INC.; AND DOES 1 TO 30,
DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

David E. Weiss (SBN 148147) Email: dweiss@reedsmith.com Cristina M. Shea (SBN 179895) Email: cshea@reedsmith.com Ashley L. Shively (SBN 264912) Email: ashively@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: 415 543 8700 Facsimile: 415 391 8269 Attorneys for Plaintiff JESSE RAY LUCAS

STIPULATION AND ORDER MODIFYING SCHEDULING ORDER Complaint filed: June 10, 2009 Magistrate Judge: Jennifer L. Thurston

The Parties to this litigation, by and through their respective attorneys of record hereby submit this Stipulation and Order to modify the January 4, 2012 Scheduling Order.

STIPULATION

WHEREAS, the Court has presently ordered that the discovery deadline for experts is December 14, 2012;

WHEREAS, the Court has presently ordered Defendants to make their disclosure of expert witnesses on or before October 26, 2012;

WHEREAS, the Court has presently ordered Plaintiff to make his disclosure of rebuttal expert witnesses on or before December 17, 2012;

WHEREAS, Plaintiff's expert psychologist is unavailable for deposition until after December 14, 2012 due to scheduled trial testimony and travel in another case;

WHEREAS, Plaintiff's lead counsel is largely unavailable in the month of November 2012 due to scheduled depositions and travel in another case;

WHEREAS, Defendants' designating expert cardiologist was unable to provide his report to Plaintiff before October 26, 2012 due to unforeseen circumstances;

NOW THEREFORE, in view of the foregoing, the Parties, by and through their respective counsel of record and subject to the approval of this Court, hereby STIPULATE AND AGREE THAT:

1. The discovery deadline is continued from December 14, 2012 to February 14, 2012;

2. The date for Defendants to make their disclosure of expert witnesses is continued from October 26, 2012 to November 19, 2012; and

3. The date for Plaintiff to make his disclosure of rebuttal expert witnesses is continued from November 16, 2012 to December 17, 2012.

SO STIPULATED:

ORDER

Based on the foregoing stipulation of the Parties, and for good cause appearing, the Court ORDERS the scheduling order amended as follows:

1. The expert discovery deadline is continued from December 14, 2012 to February 14, 2012;

2. Defendants SHALL make their disclosure of expert witnesses no later than November 19, 2012; and

3. Plaintiff SHALL make his disclosure of rebuttal expert witnesses no later than December 17, 2012;

4. Any non-dispositive motions SHALL be filed no later than February 21, 2013 and heard no later than March 22, 2013.

IT IS SO ORDERED.

20121106

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