In-Shape Health Clubs, Inc. v. Turlock Health & Fitness Center, Inc.
Filing
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STIPULATION and ORDER signed by Judge John A. Mendez on 06/21/11 ORDERING that the Scheduling Order is MODIFIED as follows: Designation of Expert Witnesses is due by 09/09/11; any supplemental designations are due by 09/16/11; Expert Discovery cutoff is 09/30/11; all other pretrial and trial dates shall remain the same. (Benson, A.)
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MENNEMEIER, GLASSMAN & STROUD LLP
ANDREW W. STROUD (SBN 126475)
SARAH J. FISCHER (SBN 260807)
980 9th Street, Suite 1700
Sacramento, CA 95814
Telephone: (916) 553-4000
Facsimile: (916) 553-4011
E-mail: stroud@mgslaw.com
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Attorneys for Plaintiff
In-Shape Health Clubs, Inc.
Michael S. Warda (SBN 176360)
WARDA & YONANO, LLP
2350 W. Monte Vista Avenue
Turlock, CA 95382
Telephone: (209) 667-1889
Facsimile: (209) 667-1809
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Attorneys for Defendant
Turlock Health & Fitness Center, Inc.,
dba Brenda Athletic Clubs, a California corporation
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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IN-SHAPE HEALTH CLUBS, INC., a
California corporation,
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Plaintiff,
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v.
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TURLOCK HEALTH & FITNESS
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CENTER, INC., dba BRENDA ATHLETIC )
CLUBS, a California corporation; and
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DOES 1 through 10, inclusive,
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Defendants.
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____________________________________)
CASE NO.: 2:10-cv-02791-JAM-KJN
STIPULATION AND ORDER MODIFYING
SCHEDULING ORDER WITH RESPECT
TO EXPERT DISCLOSURE AND
DISCOVERY DEADLINES
The Honorable John A. Mendez
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RECITALS
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Whereas, this Court’s Scheduling Order (Doc. # 10) currently requires the parties
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to disclose their expert witnesses pursuant to Federal Rule of Civil Procedure 26(a)(2) by July
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15, 2011;
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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
10cv2791.o.62111.w pd
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Whereas, this Court’s Scheduling Order currently requires the parties to disclose
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any supplemental or rebuttal experts pursuant to Federal Rule of Civil Procedure 26(a)(2)(c) by
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July 22, 2011;
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Whereas, this Court’s Scheduling order currently orders that all discovery shall be
completed by September 16, 2011;
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Whereas, counsel for Plaintiff are unavailable and traveling out-of-state over the
next several weeks, making the completion of expert discovery difficult;
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Whereas, in light of the unavailability of counsel, the parties agree that good cause
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exists to modify the Scheduling Order and to continue the expert disclosure and expert discovery
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deadlines only;
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Now, therefore, the parties enter into the following stipulation:
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STIPULATION
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The parties, by and through their respective attorneys, stipulate and agree as
follows:
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1.
Procedure 26(a)(2) is continued to September 9, 2011;
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2.
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The deadline to complete expert discovery only is continued to September
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All other pre-trial and trial dates shall remain the same.
30, 2011; and
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The deadline to disclose any supplement or rebuttal expert witnesses
pursuant to Federal Rule of Civil Procedure 26(a)(2)(c) is continued to September 16, 2011;
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The deadline to disclose expert witnesses pursuant to Federal Rule of Civil
Dated: June 21, 2011
MENNEMEIER, GLASSMAN & STROUD LLP
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By:
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/s/
Andrew W. Stroud
Attorneys for Plaintiff
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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
10cv2791.o.62111.w pd
1 Dated: June 21, 2011
WARDA & YONANO, LLP
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By:
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/s/
Michael S. Warda
Attorneys for Defendant
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ORDER
7 IT IS SO ORDERED.
8 DATED: June 21, 2011
/s/ John A. Mendez
U.S. DISTRICT COURT JUDGE
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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER
10cv2791.o.62111.w pd
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