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McClure v. Prisoner Transportation Services of America, LLC

United States District Court, E.D. California

November 4, 2019

TERRY RENEE MCCLURE, et al., Plaintiffs,
v.
PRISONER TRANSPORTATION SERVICES OF AMERICA, LLC, et al., Defendants.

          ORDER GRANTING IN PART REQUEST TO MODIFY SCHEDULING ORDER (DOC. 95)

          SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE.

         On October 22, 2019, Third-Party Plaintiffs/Defendants Leticia Monique Avalos and Fausto Avalos, Defendants Prisoner Transportation Services of America, LLC and Cleveland Robert Wheeler, and Third-Party Defendant Albert T. Gonzalez (“Defendants”), filed a request to modify the scheduling order by extending all deadlines by 90 days. (Doc. 95.) Currently, the nonexpert discovery deadline is November 15, 2019, the expert discovery deadline is December 31, 2019, the dispositive motions deadline is January 31, 2020, and the trial date is set for July 21, 2020. (Doc. 67.) Defendants note that the depositions of Dustin Hubbard and Cleveland Wheeler still need to be conducted but do not state what other discovery is needed to necessitate a 90-day extension of all deadlines. (See Doc. 95 at 2-3.) Plaintiffs oppose the request. (Docs. 97, 98.)

         The Court finds good cause to extend the deadlines in the scheduling order, but not to the extent requested by Defendants. Instead, the Court will extend the non-expert discovery deadline by 30 days for the limited purpose of completing the depositions of Dustin Hubbard and Cleveland Wheeler, and extend the remaining deadlines by approximately 30 days, which will allow the parties adequate time to complete the depositions and incorporate them into their expert discovery.

         Accordingly, for good cause shown, the Court GRANTS IN PART Defendants' request and will modify the scheduling order and enlarge the deadlines as follows:

Event

Prior Date

Continued Date

Non-Expert Discovery Completion (for limited purpose of depositions of Dustin Hubbard and Cleveland Wheeler)

November 15, 2019

December 16, 2019

Expert Disclosures

November 22, 2019

December 23, 2019

Rebuttal Expert Disclosures

December 20, 2019

January 21, 2020

Expert Discovery Completion

December 31, 2019

January 30, 2020

Non-Dispositive Motion Filing

January 17, 2020

February 18, 2020

Non-Dispositive Motion Hearing

February 19, 2020

March 18, 2020

Dispositive Motion Filing

January 31, 2020

March 2, 2020

Dispositive Motion Hearing

March 17, 2020

April 21, 2020

Settlement Conference

January 16, 2020

February 13, 2020

Pretrial Conference

May 26, 2020

June 29, 2020, at 2:30 p.m.

Trial

July 21, 2020

August 25, 2020, at 8:30 a.m.


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