Cruz v. Ahmed

Northern District of California, cand-4:2015-cv-01855

STIPULATION AND ORDER TO CONTINUE TRIAL re {{73}}. STIPULATION WITH PROPOSED ORDER to Continue Trial and Modify Scheduling Order filed by Zahed Uddin Ahmed, Santiago Cruz. Dispositive Motion to be heard by 7/19/2018. Motions in Limine d ue by 9/14/2018. Jury Selection set for 10/9/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/9/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Pretrial Conference set for 9/26/2018 02:00 PM before Magistra te Judge Kandis A. Westmore. Jury Trial set for 10/10/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/11/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/12/2018 09:00 AM before Magist rate Judge Kandis A. Westmore. Jury Trial set for 10/15/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/16/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/17/2018 09:00 AM before Magi strate Judge Kandis A. Westmore. Jury Trial set for 10/18/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 10/19/2018 09:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Magistrate Judge Kandis A. Westmore on 2/6/18.

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1 XAVIER BECERRA Attorney General of California 2 JEFFREY R. VINCENT Supervising Deputy Attorney General 3 ROHIT S. KODICAL Deputy Attorney General 4 State Bar No. 215497 1515 Clay Street, 20th Floor 5 P.O. Box 70550 Oakland, CA 94612-0550 6 Telephone: (510) 879-0282 Fax: (510) 622-2121 7 E-mail: Rohit.Kodical@doj.ca.gov Attorneys for Defendant Dr. Ahmed 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 SANTIAGO CRUZ, Case No. 4:15-cv-01855 (KAW) 13 Plaintiff, STIPULATION TO CONTINUE TRIAL 14 AND MODIFY SCHEDULING ORDER; v. [PROPOSED] ORDER 15 AS MODIFIED 16 ZAHED UDDIN AHMED, et al. 17 Defendant. Judge: Hon. Kandis A. Westmore Trial Date: July 16, 2018 18 Action Filed: April 4, 2016 19 Civil L.R. 40-1 provides that the Court may continue a scheduled trial date in response to a 20 motion made in accordance with the provisions of Civil L.R. 7. Under Civil L.R. 7, motions 21 include stipulations by the affected parties. (See Civil L.R. 7-1(a)(5) and 7-12.) 22 Pursuant to the Local Rules and this stipulation, the parties request an order continuing trial 23 of this matter and modification of the current scheduling order. The parties' stipulation and 24 request is based on the scheduling needs of both plaintiff and defense counsel. 25 On January 23, 2018, defendant's counsel underwent arthroscopic knee surgery, which 26 required a longer-than-anticipated recovery period of two weeks. Thus, the parties were unable to 27 28 1 Stipulation to Continue Trial and [Proposed] Order (4:15-cv-01855 (KAW)) 3099539.v1 1 complete scheduled depositions necessary to evaluate and prepare dispositive motions and 2 meaningfully engage in the settlement conference previously scheduled for February 23, 2018. 3 Defendant's counsel will undergo another knee operation in June 2018 with a recovery time 4 of eight to twelve weeks, and will therefore be unavailable for trial and unable to devote adequate 5 time and resources to prepare for trial on the currently scheduled date of July 16, 2018. Plaintiff's 6 counsel is now also scheduled to begin a jury trial with multiple parties in a separate matter on 7 July 2, 2018 and may also be unavailable for trial on the currently scheduled trial date and/or 8 unable to devote adequate time and resources to prepare for trial. 9 Based on the foregoing, the parties request that the court continue trial of this matter from 10 July 16, 2018 to October 9, 2018 and that the court vacate all presently set deadlines and 11 hearings, including the settlement conference currently scheduled for February 21, 2018. 12 The parties request the following pre-trial schedule [the Court's modifications are in 13 bold]: 14 15 Non-expert Discovery Cut-off April 13, 2018 16 Expert Disclosure and Reports Provided April 20, 2018 17 Rebuttal Expert Disclosure and Reports Provided May 11, 2018 18 Expert Discovery Cutoff June 8, 2018 19 Last day to Hear Dispositive Motions July 19, 2018 20 Meet and Confer (re: pretrial conference) August 20, 2018 21 Joint Pretrial Statement / Trial Filings August 30, 2018 22 Objections/Motions in Limine September 14, 2018 23 24 Pretrial Conference September 26, 2018 25 Trial October 9, 2018 26 27 28 2 Stipulation to Continue Trial and [Proposed] Order (4:15-cv-01855 (KAW)) 3099539.v1 1 2 3 4 Dated: January 25, 2018 Respectfully submitted, 5 XAVIER BECERRA Attorney General of California 6 JEFFREY R. VINCENT Supervising Deputy Attorney General 7 /s/ Rohit Kodical 8 9 ROHIT KODICAL Deputy Attorney General 10 Attorneys for Defendant Dr. Ahmed 11 Dated: January 25, 2018 JULIA R. GRAESER 12 /s/ Julia R. Graeser 13 R. MORGAN GILHULY 14 JULIA R. GRAESER BARG, COFFIN, LEWIS & TRAPP, LLP 15 Attorneys for Plaintiff Santiago Cruz 16 17 18 ORDER 19 The stipulation is GRANTED AS MODIFIED. 20 IT IS SO ORDERED. 21 22 Dated: February 6, 2018 _________________________________________ KANDIS A. WESTMORE 23 United States Magistrate Judge 24 25 26 27 28 3 Stipulation to Continue Trial and [Proposed] Order (4:15-cv-01855 (KAW)) 3099539.v1