SEYFARTH SHAW LLP, Francis J. Ortman III (SBN 213202), Ari Hersher (SBN 260321), Matthew J. Mason (SBN 271344), Courtney K. Bohl (SBN 278812), San Francisco, California, Attorneys for Plaintiff, JOHN TIMOTHY PEREZ.
ANDRADA & ASSOCIATES, J. Randall Andrada (SBN 70000), Matthew W. Roman (SBN 267717), Oakland, California, Attorneys for Defendant, DUC NGUYEN, M.D.
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AS MODIFIED
JEFFREY S. WHITE, District Judge.
The Parties to the above entitled action, Dr. Duc Nguyen ("Defendant") and John Timothy Perez ("Plaintiff") (collectively referred to herein as the "Parties"), by and through their undersigned counsel, hereby stipulate and agree as follows:
1. WHEREAS, the trial in this matter is currently scheduled for November 25, 2013;
2. WHEREAS, the deadline for expert disclosures is July 9, 2013;
3. WHEREAS, the non-expert discovery cut-off is is June 24, 2013;
4. WHEREAS, on May 31, 2013, Defendant made a settlement offer to Plaintiff that will remain open until June 30, 2013;
5. WHEREAS, Plaintiff is still contemplating Defendant's settlement offer and negotiations between the Parties are ongoing;
6. WHEREAS, the Parties wish to avoid incurring substantial expert fees and costs, if the matter can be resolved prior to expert discovery;
7. WHEREAS, the Parties have had difficulty scheduling the deposition of Defendant, due to his work schedule and his need to study for a medical licensing test;
8. WHEREAS, the Parties agreed to depose Dr. Bowman and Dr. Zewert after Defendant's deposition was conducted and the Settlement Conference was concluded;
9. WHEREAS, the Parties still intend to conduct the depositions of Dr. Bowman and Dr. Zewert and have agreed to conduct those depositions in or before August 2013;
10. WHEREAS, communication, scheduling, and settlement negotiations in this matter have been difficult, due to Plaintiff's confinement at Pelican Bay State ...