Nicholson v. Dossey, Badge #897
Filing
97
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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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AMYRA NICHOLSON, et al.,
CASE NO. 1:08-cv-01168-AWI-SKO
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Plaintiffs,
Consolidated Case: 1:11-cv-02041-AWISKO
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v.
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BAKERSFIELD POLICE OFFICER
DOSSEY, BADGE #897, et al.
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Defendants.
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/
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I.
INTRODUCTION
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On August 11, 2008, Plaintiffs Amyra Nicholson, minor C.W., minor R.S.W., and Brittany
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Williams (collectively "Plaintiffs") filed a complaint against Defendants Dossey, Badge #897, City
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of Bakersfield, Officer R. Slayton, Officer K. Ursery, Officer J. Cooley, Officer J. Martin, Officer
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Ronnie Dulan, Officer J. Finney, Officer Scott Tunnicliffe, Sergeant Matt Pflugh, the County of
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Kern, and "Dep. County of Kern H. Appleton."1 (1:08-cv-01168-AWI-SKO, Doc. 1.) Plaintiffs
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asserted, inter alia, that they were subject to unreasonable searches arising out of events that took
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place on July 29, 2008.
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On May 29, 2012, this case was consolidated with Case No. 1:11-cv-02041-AWI-SKO.
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(Doc. 94.) A new schedule for the consolidated cases was proposed by the parties, and a scheduling
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order was issued on May 31, 2012. (Doc. 95.) On August 24, 2012, the parties filed a stipulated
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Defendants County of Kern and H. Appleton were dismissed from the suit on April 26, 2011. (Doc. 43.)
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request seeking to modify the scheduling order. Specifically, the parties assert that they need
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additional time to conduct discovery related to Plaintiffs R.S.W. and Christina Watkins. (Doc. 96,
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2:1-3.) The parties indicate that Plaintiff Amyra Nicholson passed away on August 14, 2012, thus
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the discovery proceedings have been delayed due to her illness and death. (Doc. 96, 2:4-6.)
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II.
DISCUSSION
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The parties assert that the modified schedule they propose will not, "in any way, affect the
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trial date of August 20, 2013." (Doc. 96, 2:6-7.) Unfortunately, the dates proposed leave only two
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days between the hearing of dispositive motions (June 24, 2013) and the pre-trial conference (June
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26, 2013), which cannot be accommodated.
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While the Court is willing to grant a modification to the schedule in light of the
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circumstances, in proposing a schedule the parties must preserve the same number of weeks between
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the dates for the hearing of dispositive motions, the pre-trial conference, and the trial dates.
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Specifically, there must be approximately seven (7) weeks between the hearing date for dispositive
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motions and the pre-trial conference and approximately eight (8) weeks between the pre-trial
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conference and the trial. For example, to propose a schedule that preserves the trial and pre-trial
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conference dates, a dispositive motion could be heard as late as May 8, 2013, but not June 24, 2013,
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as proposed. If the parties desire to preserve the trial date, in formulating a proposed schedule,
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they should work backwards from May 8, 2013, as the last day for dispositive motions to be heard.
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III.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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CONCLUSION AND ORDER
The parties' stipulated request to modify the scheduling order is DENIED WITHOUT
PREJUDICE; and
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2.
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The parties may renew their request by proposing a schedule that comports with the
specifications set forth above.
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IT IS SO ORDERED.
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Dated:
ie14hj
August 27, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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