B. CLYDE HUTCHINSON, KARA A. ABELSON, LOMBARDI, LOPER & CONANT, LLP, Oakland, CA, Attorneys for Defendant NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK.
MAJORS & FOX, LLP, JONATHAN L. GERBER, Attorneys for Plaintiffs.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINES TO COMPLETE MEDIATION AND DISCOVERY, AND TO GRANT PLAINTIFFS' LEAVE TO FILE A FIRST AMENDED COMPLAINT
MARIA-ELENA JAMES, Chief Magistrate Judge.
The parties by and through their attorneys of record hereby stipulate to the following:
1) That the deadline to complete mediation currently set for May 24, 2013 be continued to June 24, 2013. The parties have scheduled mediation with court-appointed mediator William Simmons for June 21, 2013 at 10:00 a.m. The parties agree that due to scheduling conflicts, June 21, 2013 was the earliest mutually-available date that both Defendant and the mediator were available to conduct mediation. Thus, a continuance of the mediation deadline is necessary to allow the parties to conduct mediation on June 21, 2013;
2) That the deadline to complete all discovery, including expert discovery be continued from July 9, 2013 to August 8, 2013 to allow the parties sufficient time after mediation to conduct further discovery if the mediation is unsuccessful. Although the parties are hopeful this matter can be resolved through settlement at mediation, the parties are mindful that if the matter is not resolved, additional time may be required to complete expert discovery and possibly further non-expert discovery after mediation.;
3) That plaintiffs may file a first amended complaint ("FAC") in this action. Plaintiffs FAC must be filed and served within ten (10) days of the Court's order granting the Stipulation. Defendant's responsive pleading to the FAC must be filed and served within twenty (20) days after service of the FAC; and
4) That Defendants be allowed to conduct an expedited IME of Plaintiffs with 15 days written notice provided that Plaintiffs be provided with a copy of any report or any other documents including, but not limited to, informal notes, generated by the doctor who conducts the IME prior to mediation on June 21, 2013.
WHEREAS, good cause exists for the relief requested herein, the Court hereby makes the foregoing ...