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STIPULATION & ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER 1

GARY BRICKWOOD, State Bar No. 94892

MONIQUE GRANDAW, State Bar No. 162451

BRICKWOOD LAW OFFICE

1135 Pine Street, Suite 210

Redding, CA 96001

(530) 245-1877

(530) 245-1879 (fax)

Attorneys for Defendants 

COUNTY OF SHASTA

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GERROLD B. LOVE,

 Plaintiff,

vs.

MEDICAL DIRECTOR OF THE HIGH

DESERT STATE PRISON, DIRECTOR OF

THE MULE CREEK STATE PRISON AND

SHASTA COUNTY,

 Defendants.

 /

Case No. CIV.S-04-0612 GEB PAN

STIPULATION AND ORDER MODIFYING

STATUS (PRETRIAL SCHEDULING) ORDER

The parties to this action, by and through their respective

attorneys of record, agree and stipulate as follows:

1. Defendants Medical Director of High Desert State Prison and

the Medical Director of Mule Creek State Prison answered the complaint

on 10/22/04. Defendant Shasta County filed its answer on February 23,

2005.

2. Counsel for Shasta County inquired of all counsel, by letters

dated March 2, 2005, and May 9, 2005, regarding an initial disclosure

in this case. Shasta County proposed that the date for the initial

disclosures be June 8, 2005.

3. In response, plaintiff served his Rule 26(a) initial

disclosure on May 13, 2005. Defendant County of Shasta served its

Case 2:04-cv-00612-GEB-PAN Document 37 Filed 06/09/05 Page 1 of 3
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STIPULATION & ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER 2

Rule 26(a) initial disclosure on May 27, 2005.

4. In his initial disclosure, plaintiff has identified 11

medical providers. In the disclosure plaintiff provided what appears

to be a complete set of medical records from two of these providers,

and a few additional documents from other providers. Defendants have

not yet had an opportunity to conduct discovery or obtain complete

medical records for plaintiff from these medical providers.

5. According to the Court’s scheduling order, the parties are

required to designate experts and provide expert reports no later than

June 15, 2005. However, Shasta County contends that this is not

feasible. There is insufficient time for Shasta county to subpoena

the records, obtain them, determine what experts are necessary, retain

those experts, provide plaintiff’s records to the experts, and receive

a report from those experts.

6. The parties agree that good cause exists to modify the

scheduling order to extend the date for expert disclosures. Because

plaintiff’s initial disclosure was not provided until May 13, 2005,

there has been an inadequate opportunity for discovery.

7. Therefore, the parties stipulate that they shall disclose

experts no later than July 15, 2005, and that expert reports shall be

provided no later than August 1, 2005. Any designation of rebuttal

experts shall also take place no later than August 1, 2005.

DATED: June __, 2005. BRICKWOOD LAW OFFICE

 

MONIQUE GRANDAW

Attorneys for Defendants

SHASTA COUNTY

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STIPULATION & ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDER 3

DATED: June __, 2005.

 

JOHN T. LARIMER, JR. 

Attorneys for Plaintiff

DATED: June __, 2005.

 

STEPHEN J. EGAN

Attorneys for Defendants State of

California (erroneously sued as

California State Department of

Corrections) Dr. R. Sandham (as

Medical Director of the High

Desert State Prison) and Dr. N.

Baron (as Medical Director of the

Mule Creek State Prison)

ORDER

The parties having stipulated thereto, and good cause being

shown, it is hereby ordered that the Pre-trial Scheduling Order is

modified as follows:

1. Each party shall serve its disclosure of experts no later

than July 15, 2005.

2. Rebuttal expert witness disclosures authorized under Federal

Rule of Civil Procedure 26(a)(2) shall be made no later than August

1, 2005.

3. Expert reports required by Federal Rule of Civil Procedure

26(a)(2) shall be provided no later than August 1, 2005.

Dated: June 9, 2005

/s/ Garland E. Burrell, Jr.

GARLAND E. BURRELL, JR.

United States District Judge

Case 2:04-cv-00612-GEB-PAN Document 37 Filed 06/09/05 Page 3 of 3