joint stipulation to continue trial date

Cal. Super. - 1st Dist.September 7, 2021

I Law Offices of Jordan A. Sussman 109 Geary Street, Fourth Floor 2 San Francisco, California 94108 Telephone: (415) 986-3644 Facsimile: (415) 982-5130 4 Attorneys for Plaintiff NICOLE PRICE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO 10 NICOLE PRICE, Plaintiff, I Case No. CGC-19-572503 JOINT STIPULATION TO CONTINUE TRIAL DATE 12 SAN FRANCISCO BAY AREA RAPID 13 TRANSIT DISTRICT, dba BART; and DOES I to 20, inclusive, 14 Defendants. 15 Complaint Filed: January 3, 2019 Current Trial Date: June 14, 2021 17 18 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 1. WHEREAS, the above-referenced action is now set for trial on June 14, 2021; 2. WHEREAS, Covid has caused delay of assessment and treatment for Plaintiff s 19 medical condition which has worsened since her double cervical discectomy and may require 20 revision surgery; 21 3. WHEREAS, further discovery will likely be required once Plaintiff's medical 22 condition has stabilized and the parties wish to commence expert discovery only once it has; 23 4. WHEREAS, the Covid virus has and continues to cause difficulties with bringing 24 cases to trial and in this case discovery has been delayed and a critical witness suffers from a 25 debilitating illness; 26 6 WHEREAS the arties much refer to tr this case ifnecessa before a livP p y e jury 27 and that will be much more likely with a short continuance; 28 I JOINT STIPULATION TO CONTINUE TRIAL DATE ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 05/19/2021 Clerk of the Court BY: EDNALEEN ALEGRE Deputy Clerk I 7. WHEREAS, the parties continue to engage in settlement negotiations based on the 2 Defense Medical Examination and Plaintiff s counter delayed by Covid issues; 3 THEREFORE, THE PARTIES hereby stipulate as follows: The parties agree to continue the current June 14, 2021, trial date, to October 4, 6 2021, or as soon thereafter as possible, with all related discovery and pre-trial deadlines tied to the 7 new date, so that Plaintiff's medical condition can stabilize, the parties can conduct necessary 8 discovery and continue negotiations based upon discovery delayed by Covid issues. 9 IT IS SO STIPIJLATKD. 10 11 DATED: May 17, 2021 12 13 14 15 Jordan A. +ssman Attorney for Plaintiff NICOLE PRICE 16 17 18 DATED: May 17, 2021 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 19 20 21 22 23 By: Donald P. Eichhorn Wesley A. Wong Attorneys for Defendant SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 25 26 27 28 2 JOINT STIPULATION TO CONTINUE TRIAL DATE PROOF OF SERVICE (Code of Civ. Proc., M1013, 2015.5) Price v. Bay Area Rapid Transit, et aL SAN FRANCISCO SUPERIOR COURT, CASE NO. CGC-19-572503 I, Jordan Sussman, declare as follows: I am over eighteen years of age and not a party to the within action; my business address is 109 Geary Street, San Francisco, CA 94108, I am employed in San Francisco County, California. On May 19, 2021, I served the following document(s): JOINT STIPULATION TO CONTINUE TRIAL DATE on the interested parties in this action, as set forth below 13 14 15 Donald P. Eichhorn Law Office of Don Eichhorn Suite A4 PO Box 222 21001 San Ramon Valley Road San Ramon, CA 94583 donaldeiehhorn929~wrnnil.corn 16 : By Hand Delivery: On May 19, 2021, I caused true and correct copies of the above-described 17 documents to be hand delivered to the parties listed above. X: By Mail:On May 19, 2021, I caused true and correct copies of the above-described 9 documents to be placed and sealed in envelopes for collection and mailing with the United States Postal Service on the same day to the above address. 20 21 22 X: BY ELECTRONIC TRANSMISSION. On May 19, 2021, I caused a true copy of the foregoing document(s) to be transmitted by email to each of the parties designated herein. During the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time'fter the transmission. 23 24 I declare under penalty of perjury under the laws of the and correct and that this declaration was executed on M 25 lifornia that the foregoing is true I in San Francisco, California. 26 27 J an Sussman