Lanier v. City of Fresno et al

Filing 57

STIPULATION and ORDER amending the scheduling order. Non expert discovery due by no later than 11/30/2011. Expert disclosures due by no later than 11/30/2011. Supplemental expert disclosures due by no later than 12/15/2011. Expert discovery due b y no later than 12/30/2011. Non-dispositive motions to be filed by no later than 11/30/2011. Dispositive motions to be filed by no later than 1/16/2012. The Settlement Conference currently set for 10/27/2011 is RESET to 2/2/2012 at 10:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 9/8/2011. (Timken, A)

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James D. Weakley, Esq.
Roy C. Santos, Esq.

Bar no. 082853
Bar No. 259718

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WEAKLEY & ARENDT, LLP
1630 East Shaw Avenue, Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant, OFFICER ALFONSO CASTILLO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KHALID LANIER,
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) CASE NO. 1:10-CV-01120-LJO-SKO
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Plaintiff,
)
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vs.
) STIPULATION AND ORDER AMENDING
) THE SCHEDULING ORDER
CITY OF FRESNO, a municipal entity,
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POLICE OFFICER ALFONSO CASTILLO, )
in his individual and official capacities,
)
POLICE OFFICER STEPHEN TAYLOR in )
his individual and official capacities,
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COUNTY OF FRESNO, and DOES 1-100, )
Jointly and Severally,
)
)
Defendants.
)
____________________________________ )

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IT IS HEREBY STIPULATED between the parties, through their respective counsel, and ordered

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by this Court, that the Scheduling Order, Doc. No. 44, be amended and that the discovery deadlines,

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dispositive, and non-dispositive motion filing deadline be rescheduled. There is good cause for extending

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these dates. First, given defense counsel’s need to transition the Honorable Rosemary T. McGuire cases

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to other attorney’s within the firm and the resulting heavy caseload during this transition period

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scheduling discovery became problematic. In hindsight it appears that the deadlines agreed to in the

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Scheduling Order were a bit too optimistic. Also, drafting the stipulation and protective order so as to

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contain mutually agreeable language protecting confidential City of Fresno Police Department policies

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and procedure and confidential training records of Defendant and along with providing these confidential

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materials to Plaintiff’s counsel prior to his conducting of the deposition of Defendant has caused some
____________________________
Stipulation and Order Amending the
Scheduling Order

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delays in the discovery process. Furthermore, the proposed amended deadlines do not alter the pretrial

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conference nor the trial date as agreed to in the Scheduling Order, Doc. No. 44.

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Based on the foregoing, IT IS HEREBY STIPULATED:

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DEADLINE

CURRENT

NEW

9/15/2011

11/30/2011

Expert Disclosure

9/30/2011

11/30/2011

Supplem ental Expert
Disclosure

10/10/2011

12/15/2011

Expert Discovery

10/24/2011

12/30/2011

Non-Dispositive Motions

10/19/2011

11/30/2011

Dispositive Motions

10/31/2011

1/16/2012

Settlem ent Conference

10/27/2011

2/29/2012

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Non-Expert Discovery

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IT IS SO STIPULATED:

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DATED: September 7, 2011

WEAKLEY & ARENDT, LLP

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By:

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DATED: September 7, 2011

/s/ Roy C. Santos
James D. Weakley
Roy C. Santos
Attorneys for Defendant,
Officer Alfonso Castillo
HELBRAUN LAW FIRM

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By:

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/s/ David M. Helbraun
David M. Helbraun
Attorney for Plaintiff

____________________________
Stipulation and Order Amending the
Scheduling Order

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ORDER

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The parties’ request for a modification of the schedule is GRANTED. With the exception of

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the proposed date for the settlement conference, the dates proposed by the parties are adopted by the

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Court. The modified schedule is set forth below:

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Event

Previous Deadline

Revised Deadline

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Non Expert Discovery

September 15, 2011

November 30, 2011

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Expert Disclosure

September 30, 2011

November 30, 2011

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Supp. Expert Disclosure

October 10, 2011

December 15, 2011

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Expert Discovery

October 24, 2011

December 30, 2011

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Non-Dispositive Motions

October 19, 2011

November 30, 2011

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Dispositive Motions

October 31, 2011

January 16, 2012

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Settlement Conference

October 27, 2011

February 2, 2012

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IT IS SO ORDERED.

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Dated:
ie14hj

September 8, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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____________________________
Stipulation and Order Amending the
Scheduling Order

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