Perez et al v. John Muir Health

Northern District of California, cand-4:2015-cv-01792

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{95}} Stipulation REGARDING CONTINUANCE OF EXPERT DISCOVERY DEADLINE (JUNE 24, 2016).

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1 JAMES R. ROSEN (SBN: 119438) JROSEN@ROSENSABA.COM 2 ELIZABETH L. BRADLEY (SBN: 172272) EBRADLEY@ROSENSABA.COM 3 ROSEN SABA LLP 9350 Wilshire Blvd. Suite 250 4 Beverly Hills, CA 90212 Telephone: (310) 285-1727 5 Facsimile: (310) 285-1728 6 Attorneys for Plaintiffs MARLENE PEREZ AND ROSA CERISANO 7 8 MICHAEL D. BRUNO (SBN: 166805) MBRUNO@GORDONREES.COM 9 HIEU TRAN (SBN: 280585) HTRAN@GORDONREES.COM 10 GORDON & REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 11 San Francisco, CA 94111 Telephone: (415) 986-5900 12 Facsimile: (415) 986-8054 13 Attorneys for Defendant JOHN MUIR HEALTH 14 (erroneously sued herein as "John Muir Medical Center") 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 MARLENE PEREZ, an individual, and) CASE NO. 15-01792 HSG ROSA CERISANO, an individual,) 20) Plaintiff,) STIPULATION AND ORDER 21) REGARDING CONTINUANCE OF vs.) EXPERT DISCOVERY 22) DEADLINE (June 24, 2016) JOHN MUIR HEALTH, a California) 23 corporation, JOHN MUIR MEDICAL) CENTER, an unknown business entity,) 24 and DOES 1-20, et al)) Hon. Judge Haywood S. Gilliam, Jr. 25 Defendants.)) Complaint Filed: April 21, 2015 26) 27 28 1 STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF EXPERT DISCOVERY DEADLINE (June 24, 2016) CASE NO. 15-01792 HSG 1 STIPULATION 2 Pursuant to Civil Local Rules 40-1 and 7-12, the Plaintiffs Marlene Perez 3 and Rosa Cerisano and Defendant John Muir Health (hereafter collectively referred 4 to as "the Parties"), through their attorneys of record, hereby jointly stipulate to 5 request a brief extension of the Expert Discovery Deadline (currently June 24), 6 and, with regard to one expert only, the deadline to file a motion in limine. 7 The requested extension will not affect the pre-trial conference (set for 8 August 2, 2016) or the trial date (August 22, 2016). 9 Plaintiffs have identified six non-retained medical experts. Two were 10 previously deposed. Defendant noticed all of their depositions for June 23, 2016. 11 However, Plaintiffs' non-retained medical experts are not available for deposition 12 until after the Expert Discovery Deadline of June 24, 2016. These are key 13 witnesses for the plaintiffs. 14 Defendant identified Dr. Mark Lipian as a retained medical expert. Plaintiffs 15 have noticed Dr. Lipian's deposition for June 24, 2016, or any other day prior to 16 the expert discovery cutoff. However, Dr. Lipian has an annual teaching 17 obligation in France and is unavailable for deposition until July 11, 2016. Dr. 18 Lipian is a key witness for the defense. 19 The mandatory settlement conference in this case is scheduled for June 28, 20 2016. 21 The parties propose briefly continuing the Expert Discovery Deadline to 22 July 14, 2016. The parties wish to conserve resources and avoid incurring further 23 cost and expenses related to expert discovery prior to the mandatory settlement 24 conference (June 28). The proposed continuance of the Expert Discovery Deadline 25 would allow Plaintiffs to depose Dr. Lipian on a firm date July 11-13, 2016, in Los 26 Angeles and for Defendants to depose Plaintiffs' experts (retained and/or four non- 27 retained) after the mandatory settlement conference on June 28, 2016. 28 /// 2 STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF EXPERT DISCOVERY DEADLINE (June 24, 2016) CASE NO. 15-01792 HSG 1 Plaintiffs anticipate filing a motion in limine to exclude all or part of Dr. 2 Lipian's testimony. The parties request that the court allow Plaintiffs to file such a 3 motion by July 15, 2016, and for Defendant to file an opposition by July 19, 2016. 4 The proposed continuance of this one motion in limine and opposition will provide 5 the court with two weeks to review the matter prior to the pretrial conference, set 6 for August 2, 2016. The filing deadlines for all other motions in limine would not 7 be affected. 8 9 IT IS SO STIPULATED. 10 Dated: June 22, 2016 GORDON & REES SCULLY MANSUKHANI, LLP 11 12 By: __________/S/__________ 13 MICHAEL D. BRUNO HIEU TRAN 14 Attorneys for Defendant JOHN MUIR HEALTH 15 Dated: June 22, 2016 ROSEN SABA LLP 16 17 By: ______/s/______________ 18 JAMES R. ROSEN ELIZABETH L. BRADLEY 19 Attorneys for Plaintiffs MARLENE PEREZ AND ROSA 20 CERISANO 21 ORDER 22 Having considered the Parties' Joint Stipulation to Continue the Expert 23 Discovery Deadline of June 24, 2016, the Court hereby continues the dates as 24 requested. 25 PURSUANT TO STIPULATION, IT IS SO ORDERED. 26 Dated: June 23, 2016___ _________________________ 27 HAYWOOD S. GILLIAM, JR. United States District Judge 28 1103270/28495637v.1 3 STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF EXPERT DISCOVERY DEADLINE (June 24, 2016) CASE NO. 15-01792 HSG