B. R. L. v. Clinica Sierra Vista

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA B. R. L., by and through his guardian ad Case No. 1:21-cv-01445-JLT-CDB litem, FRANCHESCA LARA, and MIGUEL LARA, ORDER ON STIPULATION FOR THIRD AMENDMENT TO THE SCHEDULING 13 Plaintiffs, ORDER AS MODIFIED 14 v. (ECF No. 27) CLINICA SIERRA VISTA, ET AL., 16 Defendants.

18 Pending before the Court is the parties’ third stipulated request for an extension of time to complete expert discovery, file pretrial motions and try the case. (ECF No. 27).

20 The Court’s initial scheduling order entered on December 20, 2021, granted the parties’ request for a 12-month period to conduct and complete expert discovery. (ECF Nos. 8, 9). With the present requested extension, the parties seek to expand this period to a total of 18 months.

23 Based on the Court’s review of the parties’ earlier-filed stipulations for extensions, the Court finds that the parties have undertaken discovery diligently and that their current request for an additional extension of dates satisfies the requirements under Fed. R. Civ. P. 16(b)(4) to show good cause. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). In particular, since their most recent stipulation for extension, filed on October 6, 2022 (ECF No. 21), the parties have completed four depositions and an independent medical examination of the 1 minor Plaintiff by three medical practitioners. (ECF No. 27 at p. 2).

2 The parties’ requested extension appears directed in part to accommodate a private mediation scheduled for May 16, 2023. In their earlier stipulation, the parties reported that a private mediation was scheduled for February 17, 2023. The Court is unclear whether the earlier mediation was rescheduled or whether the May 16 mediation is a separate event. While further requests for discovery, motion or trial extensions are discouraged and no requests for extension will be granted without a showing of diligence by the parties and good cause, the Court directs the parties to elaborate in any future request the course and status of settlement efforts.

9 Accordingly, IT IS HEREBY ORDERED, the Scheduling Order is amended as follows: NEW 11 EVENT DEADLINE DEADLINE b Plaintiff Expert Disclosures January 12, 2023 March 10, 2023 Defendant Expert Disclosures February 22, 2023 April 28, 2023 13 Rebuttal Expert Disclosures March 15, 2023 May 12, 2023 Expert Discovery Cut-Off May 12, 2023 August 4, 2023 14 Non-Dispositive Motion Filing May 26, 2023 August 18, 2023 15 Non-Dispositive Motion Hearing June 30, 2023 September 22, 2023 16 Dispositive Motion Filing July 7, 2023 September 29, 2023 17 Dispositive Motion Hearing August 11, 2023 November 14, 2023 18 Pre-Trial Conference October 10 2023 January 8, 2024, at 1:30 p.m.

19 December 12, 2023 March 5, 2024, at 8:30 a.m.

91 | IT IS SO ORDERED.

22 Dated: _ February 9, 2023 | Ww □ ( 3 UNITED STATES MAGISTRATE JUDGE