Nicholson v. Dossey, Badge #897
ORDER, signed by Magistrate Judge Sheila K. Oberto on 8/27/12: The Parties' Stipulated Request to Modify the Scheduling Order is DENIED WITHOUT PREJUDICE; and The parties may renew their request by proposing a schedule that comports with the specifications set forth in this order. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
AMYRA NICHOLSON, et al.,
CASE NO. 1:08-cv-01168-AWI-SKO
Consolidated Case: 1:11-cv-02041-AWISKO
BAKERSFIELD POLICE OFFICER
DOSSEY, BADGE #897, et al.
On August 11, 2008, Plaintiffs Amyra Nicholson, minor C.W., minor R.S.W., and Brittany
Williams (collectively "Plaintiffs") filed a complaint against Defendants Dossey, Badge #897, City
of Bakersfield, Officer R. Slayton, Officer K. Ursery, Officer J. Cooley, Officer J. Martin, Officer
Ronnie Dulan, Officer J. Finney, Officer Scott Tunnicliffe, Sergeant Matt Pflugh, the County of
Kern, and "Dep. County of Kern H. Appleton."1 (1:08-cv-01168-AWI-SKO, Doc. 1.) Plaintiffs
asserted, inter alia, that they were subject to unreasonable searches arising out of events that took
place on July 29, 2008.
On May 29, 2012, this case was consolidated with Case No. 1:11-cv-02041-AWI-SKO.
(Doc. 94.) A new schedule for the consolidated cases was proposed by the parties, and a scheduling
order was issued on May 31, 2012. (Doc. 95.) On August 24, 2012, the parties filed a stipulated
Defendants County of Kern and H. Appleton were dismissed from the suit on April 26, 2011. (Doc. 43.)
request seeking to modify the scheduling order. Specifically, the parties assert that they need
additional time to conduct discovery related to Plaintiffs R.S.W. and Christina Watkins. (Doc. 96,
2:1-3.) The parties indicate that Plaintiff Amyra Nicholson passed away on August 14, 2012, thus
the discovery proceedings have been delayed due to her illness and death. (Doc. 96, 2:4-6.)
The parties assert that the modified schedule they propose will not, "in any way, affect the
trial date of August 20, 2013." (Doc. 96, 2:6-7.) Unfortunately, the dates proposed leave only two
days between the hearing of dispositive motions (June 24, 2013) and the pre-trial conference (June
26, 2013), which cannot be accommodated.
While the Court is willing to grant a modification to the schedule in light of the
circumstances, in proposing a schedule the parties must preserve the same number of weeks between
the dates for the hearing of dispositive motions, the pre-trial conference, and the trial dates.
Specifically, there must be approximately seven (7) weeks between the hearing date for dispositive
motions and the pre-trial conference and approximately eight (8) weeks between the pre-trial
conference and the trial. For example, to propose a schedule that preserves the trial and pre-trial
conference dates, a dispositive motion could be heard as late as May 8, 2013, but not June 24, 2013,
as proposed. If the parties desire to preserve the trial date, in formulating a proposed schedule,
they should work backwards from May 8, 2013, as the last day for dispositive motions to be heard.
Accordingly, IT IS HEREBY ORDERED that:
CONCLUSION AND ORDER
The parties' stipulated request to modify the scheduling order is DENIED WITHOUT
The parties may renew their request by proposing a schedule that comports with the
specifications set forth above.
IT IS SO ORDERED.
August 27, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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