Srabian et al v. Mims et al

Filing 45

STIPULATION and ORDER re: Modification of Scheduling Conference Order: Expert Dislcosure by 1/8/2010; Supplemental by 1/22/2010. Non-expert Discovery by 2/12/2010; Expert by 3/12/2010. Non-Dispositive Motions by 3/26/2010; Dispositive by 4/12/2010. JURY TRIAL set for 7/19/2010 (was 2/8/2010) at 08:30 AM and PRETRIAL CONFERENCE set for 6/7/2010 (was 12/16/2009) at 08:15 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. SETTLEMENT CONFERENCE set for 4/12/2010 (was 10/7/2009) at 10:00 AM in Courtroom 7 (SMS) before Judge Sandra M. Snyder. signed by Judge Sandra M. Snyder on 9/21/2009. (Herman, H)

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Patience Milrod Law Office of Patience Milrod 844 N. Van Ness Avenue Fresno, California 93728 559/442-3111 559/442-3164 fax Attorney for Plaintiffs

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

Estate of MARTIN SRABIAN, by its Executor, DONNIE SRABIAN, and DONNIE SRABIAN,

) ) ) ) Plaintiffs, ) ) v. ) ) COUNTY OF FRESNO; FRESNO COUNTY ) SHERIFF MARGARET MIMS; FRESNO ) COUNTY SHERIFF'S DEPUTIES FRANK ) HARPER and ROBERT CAREY; and ) DOES 1 through 50. ) ) Defendants ) _______________________________________)

No. 1:08-cv-00336-LJO-SMS STIPULATION AND ORDER RE: MODIFICATION OF SCHEDULING CONFERENCE ORDER

Plaintiffs ESTATE OF MARTIN SRABIAN, and DONNIE SRABIAN ("Plaintiffs") and defendants COUNTY OF FRESNO, MARGARET MIMS, FRANK HARPER, and ROBERT CAREY ("Defendants") hereby stipulate to the

Stipulation to Modify Scheduling Order

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following modification of the current scheduling order. As set forth in the accompanying declaration of plaintiffs' counsel, good cause exists to modify the current scheduling order: the parties have been meeting and conferring regarding complex and difficult discovery issues, but have not yet resolved all disputes. Some just-resolved disputes only now enable the parties to do deferred discovery. The parties continue to work together to resolve remaining disputes to avoid if possible the necessity of an October 9 hearing on plaintiffs' motion to compel.

Therefore, the parties respectfully request the Court issue an Order making the following changes to the Scheduling Order in this case:

Expert Disclosure: from October 23, 2009 to January 8, 2010 Supplemental Expert Disclosure: from October 30, 2009 to January 22, 2010 Non-expert Discovery Cutoff: from October 23, 2009 to February 12, 2010 Expert Discovery Cutoff: from November 20, 2009 to March 12, 2010 Pretrial Non-Dispositive Motion Filing Deadline: from November 2, 2009 to March 26, 2010 Pretrial Dispositive Motion Filing Deadline: from November 2, 2009 to April 12, 2010 Pretrial Motion Hearing Deadline: from December 3, 2009 to May 17, 2010 Stipulation to Modify Scheduling Order 2

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Settlement Conference: from September 17, 2009, which was continued on August 18, 2009 to October 7, 2009, now to April 12, 2010 at 10:00a.m. before Judge Snyder in Courtroom #7. Pretrial Conference: from December 16, 2009 to June 7, 2010 at 8:15a.m. before Judge O'Neill in Courtroom #4. Jury Trial Date: from February 8, 2010 to July 19, 2010 at 8:30a.m. before Judge O'Neill in Courtroom #4. IT IS SO STIPULATED. Dated: September 18, 2009 /s/ Patience Milrod PATIENCE MILROD Attorney for Plaintiffs Dated: September 18, 2009 Weakley, Ratliff, Arendt & McGuire Attorneys for Defendants /s/ James Arendt By JAMES ARENDT

IT IS SO ORDERED. Dated: September 21, 2009 /s/ Sandra M. Snyder HON. SANDRA SYNDER Magistrate Judge of the District Court

Stipulation to Modify Scheduling Order

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