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Diane James v. Kiewit Infrastructure West

April 17, 2013

DIANE JAMES,
PLAINTIFF,
v.
KIEWIT INFRASTRUCTURE WEST, CO., AND DOES 1 THROUGH 200, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Allison Claire United States Magistrate Judge

DAVID P. MASTAGNI (SBN 57721) PHILLIP R.A. MASTAGNI (SBN 238254) IAN M. ROCHE (SBN 265038) MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN A Professional Corporation 1912 "I" Street Sacramento, California 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 Attorneys for Plaintiff DIANE JAMES

MOTION & STIPULATION TO EXTEND DISCOVERY DATES; [Proposed] ORDER

Action Filed: June 27, 2012 Trial Date: January 4, 2014

Plaintiff DIANE JAMES and Defendant KIEWIT INFRASTRUCTURE WEST, CO., through their respective counsel, hereby move this Court and stipulate to extend discovery dates and request modification of the Court's scheduling order pursuant to Rule 16 of the Federal Rules of Civil Procedure.

Recitals

1. On or about October 11, 2012, United States District Court Judge William B. Shubb issued a Status and Pretrial Scheduling Order set the following dates for the completion of discovery, including expert discovery:

Expert Disclosures: May 15, 2013

Rebuttal Experts: June 10, 2013 Discovery Cut-off: September 3, 2013 Last date to notice Discovery Motions to compel is September 3, 2013.

2. The parties worked diligently to complete discovery, including participating in written discovery and depositions. Subsequently, the parties agreed to participate in this Court's Voluntary Dispute Resolution Program (VDRP).

3. Through the VDRP a mediation was scheduled with Doug DeViers for April 18, 2013. The parties agreed to move the mediation at Defendant's request, as discovery was on going and Defendant's were waiting for feedback from their Independent Medical Examiners (some of which had yet to examine plaintiff). The parties agreed to move the mediation to May 22, 2013, so that all necessary discovery would be complete before the VDRP session, so as to give the VDRP session the greatest chance of success.

4. Based on the current scheduling order, Expert Disclosures and thereafter Expert Rebuttals will take place before the Mediation session. The parties agree that the VDRP session will have a greater likelihood of success, if expert disclosure are pushed back so that the parties can enter mediation without having expended sums for expert discovery. As scheduled, Expert Disclosures and the close of discovery will cause the parties to expend significant sums of money, which will in turn hamper the re-scheduled mediation. One advantage of mediation settlement is of course, saving the cost of expert discovery, however, based on the current Scheduling Order, those cost will be sunk before the parties reach their VDRP session. Therefore, the parties move this Court and stipulate to modify the Scheduling Order as it pertains to Expert Disclosure, Rebuttal Experts, Discovery Closure, and Discovery Motions.

5. The parties move this court to modify the PRETRIAL SCHEDULING ORDER discovery deadlines as follows:

Expert Disclosures: July 15, 2013

Rebuttal Experts: August 10, 2013 Discovery Cut-off: November 3, 2013 Last date to notice Discovery Motions ...


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