Espinoza et al v. County of Fresno

Filing 89

STIPULATION to Amend Trial Schedule; ORDER Thereon, signed by Judge Oliver W. Wanger on 3/30/09. Discovery cut-off: 5/1/2009; Non-Dispositive Motions due by 5/15/2009.(Verduzco, M)

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Gary M. Messing (SBN 75363) CARROLL, BURDICK & MCDONOUGH, LLP 1007 7th Street, Suite 200 Sacramento, CA 95814 Tel: [phone] Fax: [phone] Email: [e-mail] Harry S. Stern (SBN 176854) Peter A. Hoffmann (SBN 254354) RAINS LUCIA STERN, PC 2300 Contra Costa Blvd., Suite 230 Pleasant Hill, CA 94523 Tel: [phone] Fax: [phone] Email: [e-mail] William B. Aitchison (SBN 90642) AITCHISON & VICK, INC. 3021 NE Broadway Portland, OR 97232 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiff JUAN ESPINOZA, et al. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

JUAN ESPINOZA, PAUL MARQUEZ, AARON EPPERLY and ERIC SCHMIDT, Plaintiffs, v. COUNTY OF FRESNO, Defendant.

Case No. 1:07-CV-01145-OWW-SMS STIPULATION TO AMEND TRIAL SCHEDULE; ORDER THEREON

STIPULATION TO AMEND TRIAL SCHEDULE; [PROPOSED] ORDER THEREON,

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1, 2009;

WHEREAS, Plaintiffs in their representative capacities and on behalf of all individuals similarly situated (collectively "Plaintiffs") and Defendant COUNTY OF FRESNO ("Defendant") submitted a Mandatory Joint Scheduling conference Statement to the Court and the Court, by Scheduling Conference Order filed November 30, 2007, established a schedule and trial date for the case; WHEREAS, on December 10, 2008 the Parties, by and through their respective counsel of record, requested the Court enter an order amending the initial Scheduling Conference Order; WHEREAS, on December 15, 2008 the Court ordered a continuance of the trial schedule as requested by the parties; WHEREAS, the Parties have completed numerous depositions, have calendared the depositions of several other witnesses, and continue to work diligently in scheduling the remaining depositions; WHEREAS, the current state of discovery makes it impossible for the Parties to complete discovery in the time provided in the Amended Scheduling Conference Order; WHEREAS, the Parties' respective trial counsel wish to keep the trial date of August 4, 2009; WHEREAS, the Parties wish to maintain the current trial date and all other dates not specifically addressed in this stipulation; but have agreed to extend certain deadlines set forth in the Scheduling Order, subject to this Court's approval, as set forth below: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Defendant, by and through their respective counsel of record, and they each request the Court to enter an Order amending the current and operative Scheduling Conference Order to adjust the schedule in the case as follows: 1. That the discovery cut-off shall be extended from March 31, 2009 to May

2.

That the non-dispositive motion-filing deadline shall be extended from 2

April 17, 2009 to May 15, 2009;
STIPULATION TO AMEND TRIAL SCHEDULE; [PROPOSED] ORDER THEREON,

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3.

That the Hearing on non-dispositive motions shall be extended from May

18, 2009 to June 15, 2009, or as soon thereafter as the matter may be heard. Dated: March 25, 2008 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By: Michael G. Woods William H. Littlewood Attorneys for Defendant COUNTY OF FRESNO Dated: March 25, 2008 RAINS LUCIA STERN, PC

By: Peter A. Hoffmann Attorneys for Plaintiffs JUAN ESPINOZA, PAUL MARQUEZ, AARON EPPERLY and ERIC SCHMIDT

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STIPULATION TO AMEND TRIAL SCHEDULE; [PROPOSED] ORDER THEREON,

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 30, 2009 1, 2009; 2.

ORDER

The Parties having so stipulated and agreed, and good cause appearing, IT IS HEREBY ORDERED THAT: 1. That the discovery cut-off shall be extended from March 31, 2009 to May

That the non-dispositive motion-filing deadline shall be extended from

April 17, 2009 to May 15, 2009; 3. That the Hearing on non-dispositive motions shall be extended from May

18, 2009 to June 15, 2009, or as soon thereafter as the matter may be heard. /s/ OLIVER W. WANGER Oliver W. Wanger United States District Court Judge

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STIPULATION TO AMEND TRIAL SCHEDULE; [PROPOSED] ORDER THEREON,

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