Patterson v. Morgan Stanley Smith Barney, LLC
Filing
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ORDER Granting Joint Stipulation 26 to Extend Expert Deadlines: 1) the last day for disclosure of experts and expert reports shall be continued from 12/1/2011 to 2/15/2012; 2) the last day for disclosure of supplemental experts and supplemental reports shall be continued from 12/15/2011 to 2/29/2012; and 3) the close of discovery of expert witnesses shall be continued from 1/1/2012 to 3/15/2012. signed by Magistrate Judge Barbara A. McAuliffe on 11/28/2011. (Herman, H)
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TRISH M. HIGGINS (STATE BAR NO. 119215)
thiggins@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone:
(916) 447-9200
Facsimile:
(916) 329-4900
SITTHIKIT CHARIYASATIT (STATE BAR NO. 252028)
schariyasatit@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025
Telephone:
(650) 614-7400
Facsimile:
(650) 614-7401
Attorneys for Defendant
MORGAN STANLEY SMITH BARNEY LLC
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PETER SEAN BRADLEY, ESQ. (STATE BAR NO. 109258)
PENNER, BRADLEY & SIMONIAN
1171 West Shaw Avenue, Suite 102
Fresno, CA 93711
Telephone:
(559) 221-2100
Facsimile:
(559) 221-2101
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Attorney for Plaintiff
CLARENCE REITH PATTERSON, JR.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION
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CLARENCE REITH PATTERSON, JR.,
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Plaintiff,
v.
MORGAN STANLEY SMITH BARNEY,
LLC and Does 1 through 10, inclusive,
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Defendants.
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Case No. 1:10-cv-02084-LJO-BAM
ORDER GRANTING JOINT
STIPULATION TO EXTEND EXPERT
DEADLINES
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Plaintiff Clarence Reith Patterson, Jr. and Defendant Morgan Stanley Smith Barney, LLC
(collectively “the Parties”) stipulate as follows:
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WHEREAS, the deadline for disclosure of expert witnesses pursuant to Federal Rules of
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Civil Procedure 26(a)(2)(A) and (B) is currently set for December 1, 2011;
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WHEREAS, the trial is not set to start until May 30, 2012;
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WHEREAS, the Parties agree there is insufficient time for the Parties to complete expert
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reports or expert discovery before the respective deadlines;
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WHEREAS, the Parties anticipate the filing of a dispositive motion by Defendant, and
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continuing expert disclosure and discovery may save significant unnecessary expenses for the
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Parties;
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WHEREAS, the Parties have sought only one previous scheduling change in this matter
regarding expert discovery, which did not impact any court dates set by the Court;
WHEREAS, the Parties’ stipulation would not affect the Dispositive Motion Filing
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Deadline, the Settlement Conference Date, Pre-Trial Conference Date, or the Trial Date
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scheduled for May 30, 2012 set by the Court;
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IT IS HEREBY STIPULATED by and between the parties to this action through their
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designated counsel as follows:
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1.
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the last day for disclosure of experts and expert reports shall be continued
from December 1, 2011 to February 15, 2012;
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2.
the last day for disclosure of supplemental experts and supplemental
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reports shall be continued from December 15, 2011 to February 29, 2012; and
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3.
the close of discovery of expert witnesses shall be continued from January
1, 2012 to March 15, 2012.
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Pursuant to the stipulation between the parties, IT IS HEREBY ORDERED that the
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parties joint stipulation to extend the expert deadlines is GRANTED. The Court’s Scheduling
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Order shall be modified accordingly only as to expert disclosure and expert discovery cut off.
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The dates for the Dispositive Motion Filing Deadline, the Settlement Conference Date, Pre-Trial
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Conference Date, or the Trial Date shall remain as originally set in the February 16, 2011
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Scheduling Order.
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IT IS SO ORDERED.
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Dated:
/s/ Barbara
November 28, 2011
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A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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