Blankenship v. Alaska Airlines, Inc.

Filing 20

STIPULATION and ORDER signed by Judge John A. Mendez on 2/26/10 ORDERING the Designation of Expert Witnesses date RE-SET to 4/30/10 and the date for Rebuttal Expert Disclosure is RE-SET for 5/28/10; and the date for completion of discovery is RE-SET to and including 6/28/10.(Carlos, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHRISTOPHER E. GRELL, ESQ. (SBN 88498) RICHARD F. RESCHO, ESQ. (SBN 108086) LAW OFFICES OF CHRISTOPHER E. GRELL The Leamington 1814 Franklin Street, Suite 501 Oakland, California 94612 Telephone: (510) 832-2980 Facsimile: (510) 832-2986 Attorneys for Plaintiff ETHAN BLANKENSHIP ROBERT E. DAVIES, ESQ. / SBN 106810 MARY A. STEWART / SBN 106758 REBECCA WEINSTEIN-HAMILTON, ESQ. / SBN 162699 CAULFIELD, DAVIES & DONAHUE, LLP P.O. BOX 277010 Sacramento, CA 95827 Telephone: (916) 817-2900 Facsimile: (916) 817-2644 Attorneys for Defendant ALASKA AIRLINES, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -o0oETHAN BLANKENSHIP, Plaintiff, v. ALASKA AIRLINES, INC., and Alaska Corporation, and DOES 1 through 100, inclusive, Defendants. Case No. 2:09-CV-01377-JAM-GGH The Hon. John A. Mendez STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; ORDER IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, ETHAN BLANKENSHIP and Defendant ALASKA AIRLINES, INC., through their respective counsel to extend the date for Exchange of Initial Expert Witness Disclosure and Reports, currently 1 STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; PDF created with pdfFactory trial version www.pdffactory.com ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 set for March 19, 2010, to April 30, 2010 and the date for Rebuttal Expert Disclosure currently set for April 16, 2010, to May 28, 2010. IT IS FURTHER STIPULATED AND AGREED by and between Plaintiff, ETHAN BLANKENSHIP and Defendant ALASKA AIRLINES, INC., through their respective counsel to extend the date for completion of discovery currently set for May 28, 2010, to and including June 28, 2010. This stipulation is made by counsel for the parties, pursuant to the Honorable Judge John A. Mendez's Pre-Trial Scheduling Order of July 14, 2009, Judge Mendez's Order Extending Dates for Expert Witness Disclosure of January 7, 2010, and U.S.D.C. Eastern District Local Rules, Rule 144 (formerly L.R. 6-144). There has been one prior Stipulation and Order Extending the Dates for Expert Witness Disclosure and Reports in this case. There is good cause for the requested extension of the current dates for expert witness disclosures and extension of the discovery completion date. The requested extension of the expert witness disclosures necessitates the requested extension of the discovery completion date. Despite the parties' diligence in the completion and scheduling of considerable discovery in this matter, including an Independent Physical Examination of Plaintiff Ethan Blankenship, the requested extensions are necessary. Plaintiff's action is for damages resulting from a fall in the security area of the Sacramento International Airport. The parties, through their respective counsel, had stipulated to an Independent Physical Examination of Plaintiff Ethan Blankenship by Michael R. Klein, Jr., M.D., on March 1, 2010 at 3:00 p.m., at Dr. Klein's office located at MKR Medical Consultants, Inc., 6555 Coyle Avenue, Suite 235, Carmichael, California. (Attached Exhibit "A.") However, Richard Rescho, counsel for Plaintiff Ethan Blankenship, just learned on February 19, 2010 that Mr. Blankenship had been hospitalized with pneumonia and was only released on February 18, 2010. Due to his current illness, Mr. Blankenship, who resides in Mountain Ranch, California, is unable to travel to Dr. Klein's office for the examination on March 1, 2010. 2 STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; PDF created with pdfFactory trial version www.pdffactory.com ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dr. Klein will be on vacation from March 11, 2010 through March 31, 2010. Consequently, Dr. Klein is not available to conduct an independent physical examination of Mr. Blankenship prior to the current March 19, 2010 expert witness disclosure date. The parties are currently in the process of scheduling a new appointment date in early April, 2010. Plaintiff and Defendant have each served initial written discovery, including interrogatories, requests for production and requests for admissions. Plaintiff's medical treatment records have been subpoenaed. Additionally, depositions have been taken of the Plaintiff, Plaintiff's treating orthopedic surgeon and of witnesses who were in Plaintiff's traveling party. The deposition of Plaintiff's current treating physician is scheduled to be taken on Friday, February 26, 2010. Plaintiff's counsel intends to proceed with depositions of certain of Defendant Alaska Airlines, Inc.'s personnel. The depositions of the TSA witnesses identified by Plaintiff in discovery responses are in the process of being scheduled through the U.S. Department of Homeland Security, Transportation Security Administration. Although counsel have not been dilatory in conducting discovery, additional time is needed to reschedule and complete the Independent Physical Examination of Plaintiff Ethan Blankenship. This additional discovery is needed in order for the parties to assemble the evidence necessary for prospective experts to formulate their opinions. In addition to the completion of the Independent Physical Examination of Plaintiff, remaining necessary discovery includes, but is not necessarily limited to, depositions of certain Alaska Airlines, Inc. personnel, airport security personnel, certain of Plaintiff's treating physicians, and inspection of the area where the fall occurred, as well as further interrogatories and requests for production. The parties agree that each party should be allowed adequate time to conduct necessary discovery into the matters at issue in this action, prior to expending the time and cost which would be required to meet the current expert witness disclosure requirements. The stipulated extension would allow the necessary time. 3 STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; PDF created with pdfFactory trial version www.pdffactory.com ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Both parties, through their respective counsel, have agreed that it would serve the interests of justice and judicial economy to extend the current expert disclosure dates to April 30, 2010 and May 28, 2010 and to extend the current discovery completion date to June 28, 2010, as set forth above. The requested extension of the current dates for expert witness disclosure and discovery completion would not affect the other dates set forth in the July 14, 2009 PreTrial Scheduling Order. WHEREFORE, the parties respectfully move this Honorable Court to extend the dates for expert witness disclosure and discovery completion as requested herein. IT IS SO STIPULATED. Dated: February ___, 2010 LAW OFFICES OF CHRISTOPHER E. GRELL By: ________________________________ Christopher E. Grell (SBN 88498) Richard F. Rescho (SBN 108086) Attorneys for Plaintiff, ETHAN BLANKENSHIP Dated: February ___, 2010 CAULFIELD DAVIES & DONAHUE, LLP By: __________________________________ Robert E. Davies (SBN 106810) Mary A. Stewart (SBN 106758) Rebecca Weinstein-Hamilton (SBN 162699) Attorneys for Defendant, ALASKA AIRLINES, INC. ORDER EXTENDING DATES FOR EXPERT WITNESS DISCLOSURE AND DISCOVERY COMPLETION IT IS HEREBY ORDERED, good cause appearing therefore, that the date for exchange of Initial Expert Witness Disclosure and Reports, currently set for March 19, 4 STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; PDF created with pdfFactory trial version www.pdffactory.com ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2010, is extended through April 30, 2010; the date for exchange of Rebuttal Expert Witness Disclosure, currently set for April 16, 2010 is extended through May 28, 2010; and the date for Completion of Discovery, currently set for May 28, 2010 is extended through June 28, 2010. IT IS SO ORDERED. Dated: February 26, 2010 /s/ John A. Mendez________________ THE HONORABLE JOHN A. MENDEZ United States District Court Judge, Eastern District of California 5 STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; PDF created with pdfFactory trial version www.pdffactory.com ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; PDF created with pdfFactory trial version www.pdffactory.com ORDER ROBERT E. DAVIES, ESQ. / SBN 106810 MARY A. STEWART / SBN 106758 REBECCA WEINSTEIN-HAMILTON, ESQ. / SBN 162699 CAULFIELD, DAVIES & DONAHUE, LLP P.O. BOX 277010 Sacramento, CA 95827 Telephone: (916) 817-2900 Facsimile: (916) 817-2644 Attorneys for Defendant ALASKA AIRLINES, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -o0oETHAN BLANKENSHIP, Plaintiff, v. ALASKA AIRLINES, INC., and Alaska Corporation, and DOES 1 through 100, inclusive, Defendants. Case No. CERTIFICATE OF SERVICE OF STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; ORDER I HEREBY CERTIFY that I electronically filed with the Clerk of Court the foregoing document entitled: STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; ORDERusing the CM/ECF system which will automatically send email notification of such filing to the following attorneys of record: // // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHRISTOPHER E. GRELL (SBN 88498) RICHARD F. RESCHO (SBN 108086) LAW OFFICES OF CHRISTOPHER E. GRELL The Learnington 1814 Franklin St, Ste 501 Oakland, CA 94612 Tel: (510) 832-2980 Fax: (510) 832-2986 Counsel for Plaintiff ETHAN BLANKENSHIP This _____ day of February, 2010. CAULFIELD DAVIES & DONAHUE, LLP By: ____________________________ Robert E. Davies, Esq. Mary A. Stewart, Esq. Rebecca Weinstein-Hamilton, Esq. Attorneys for Defendant ALASKA AIRLINES, INC. 7 STIPULATION TO EXTEND DATES FOR EXPERT WITNESS DISCLOSURES AND REPORTS; AND TO EXTEND DISCOVERY COMPLETION DATE; PDF created with pdfFactory trial version www.pdffactory.com ORDER

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