August 20, 2013
JOSEPH HELM, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
BENJAMIN B. WAGNER, United States Attorneys, LYNN TRINKA ERNCE, Assistant United States Attorney, Sacramento, CA, Attorneys for the United States of America.
Russell A. Robinson Attorney for Plaintiff.
SECOND STIPULATION REQUESTING MODIFICATION OF SCHEDULING ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
The parties to this action, by and through their undersigned counsel, hereby stipulate and agree as follows:
1. On December 20, 2012, the Court entered its Status (Pretrial Scheduling) Order. Docket 28. On June 15, 2013, upon the parties' stipulation, the Court extended the discovery cutoff to September 27, 2013. Dockets 33, 34. Accordingly, the deadlines for this case are as follows:
Discovery Cutoff September 27, 2013 Expert Witness Disclosure August 21, 2013 Supplemental Expert Witness Disclosure September 10, 2013 Dispositive Motions Heard By December 19, 2013 Joint Pretrial Conference Statement Due February 13, 2014 Evidentiary/Procedural Motions Due February 13, 2014 Oppositions to Evidentiary/Procedural Due February 20, 2014 Replies to Evidentiary/Procedural Due February 27, 2014 Final Pretrial Conference March 6, 2014 Trial Briefs Due April 7, 2014 Trial April 21, 2014
2. Plaintiff alleges that Jay Negus, at the time a federal employee, caused an auto accident that injured plaintiff. Criminal charges are pending against Negus in San Joaquin Superior Court. His defense attorneys will not make him available for deposition until the criminal case has concluded. The August 2, 2013 trial date recently was again moved, this time to September 13, 2013.
3. The expert witness disclosure deadline is August 21, 2013, and the parties' experts, including accident reconstruction experts, need Negus' testimony about the incident in order to complete their reports. With the earlier August 2 trial date, the parties had anticipated being able to meet the existing expert witness disclosure deadline, but that is no longer possible now that the criminal trial has been moved to September 13, 2013. Therefore, the parties believe that good cause exists for the Court to further modify its scheduling order so that Negus may be deposed after the criminal case is over.
4. In an effort to avoid the need to request further modification in the event the criminal trial is kicked again, the parties request that the Court modify the scheduling order as follows:
Old Date New Date Expert Witness Disclosure August 21, 2013 December 4, 2013 Supplemental Expert Witness Disclosure September 10, 2013 January 8, 2014 Discovery Cutoff September 27, 2013 February 5, 2014 Dispositive Motions Heard By December 19, 2013 April 9, 2014 Joint Pretrial Conference Statement Due February 13, 2014 June 11, 2014 Evidentiary/Procedural Motions Due February 13, 2014 June 11, 2014 Oppositions to Evidentiary/Procedural Due February 20, 2014 June 18, 2014 Replies to Evidentiary/Procedural Due February 27, 2014 June 25, 2014 Final Pretrial Conference March 6, 2014 July 2014 Trial Briefs Due April 7, 2014 July 2014 Trial April 21, 2014 Early August 2014
The parties respectfully request a trial date the week of August 4, 2014 if possible as plaintiff's counsel has trials set in the Northern District of California beginning on August 18 and August 25, 2014. Please also note that the United States' counsel has a one-week trial scheduled for September 8, 2014.
The parties' stipulated request is hereby GRANTED. The amended pretrial scheduling order will issue.
IT IS SO ORDERED.