Oregon v. Boston Scientific Corporation ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARACELY OREGON, Case No. 1:21-cv-01092-ADA-CDB 12 Plaintiff, ORDER ON STIPULATION FOR SECOND AMENDMENT TO SCHEDULING ORDER 13 v. AS MODIFIED 14 BOSTON SCIENTIFIC (Doc. 34) CORPORATION. 15 Defendant. 16 17 Plaintiff initiated this action by filing a Complaint on July 15, 2021. (Doc. 1). In the 18 operative, First Amended Complaint filed June 16, 2022, Plaintiff asserts causes of action for 19 strict liability and negligence. (Doc. 20). On July 6, 2022, the Court convened the parties for a 20 scheduling conference and thereafter issued a Scheduling Order. (Docs. 27, 28). 21 On December 20, 2022, the parties filed a stipulation seeking a 90-day extension of the 22 discovery, motion and trial schedule. (Doc. 32). The Court issued an order granting the 23 stipulation as modified. (Doc. 33). Pending before the Court is the parties’ stipulation filed 24 February 17, 2023, seeking a second amendment to the scheduling order. (Doc. 34). The 25 stipulation is timely filed pursuant to Local Rule 144(d). Moreover, the parties’ representations 26 therein satisfy the requirements under Fed. R. Civ. P. 16(b)(4) to show good cause and diligence. 27 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Accordingly, based on the parties’ representations in the stipulation and for good cause 1 | shown, IT IS HEREBY ORDERED that the following dates and deadlines are continued: 2 1. Non-expert discovery cutoff (including hearings on any motions to compel) from 3 May 12, 2023, to November 13, 2023; 4 2. Expert disclosure deadline from June 9, 2023 to December 11, 2023; 5 3. Supplemental expert disclosure deadline from August 11, 2023 to February 12, 6 2024; 7 4. Expert discovery cutoff (including hearings on any motions to compel) from 8 October 20, 2023 to April 19, 2024; 9 5. Dispositive motion deadline (including summary judgment motions and Rule 702 10 (Daubert) motions) from January 8, 2024 to July 8, 2024; 11 a. Dispositive motion hearing date August 19, 2023; 12 6. Settlement conference on February 7, 2024 to August 7, 2024; 13 7. Pre-Trial Conference from June 17, 2024 to December 16, 2024; and 14 8. Trial from August 20, 2024 to February 25, 2025. 1S IT IS SO ORDERED. 16 Dated: _ February 23, 2023 | Ww VL D R~ 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28