Soltero v. City of Bakersfield et al

Filing 22

ORDER re 21 Stipulation to Modify Scheduling Order and Allowing the Plaintiff to File a Third Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 6/6/2014. Third Amended Complaint due by 6/11/2014. Expert Discovery Deadline 10 /7/2014. Non-Dispositive Motion Deadlines: Filed by 10/22/2014; Hearing by 11/14/2014. Dispositive Motion Deadlines: Filed by 11/21/2014; Hearing by 1/6/2015. Settlement Conference reset for 1/20/2015 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference reset for 2/25/2015 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial reset for 4/21/2015 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hall, S)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN, CERCONE & COHEN
1260 Fulton Mall
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]

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Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for:
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Defendants CITY OF BAKERSFIELD, TIMOTHY BERCHTOLD
And JASON FELGENHAUER

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CYNTHIA SOLERO, individually and as ) Case No. 1:12-CV-01791-LJO-JLT
Successor in Interest of VINCENT
)
MATTHEW YZAGUIRRE, DECEASED, ) STIPULATION TO MODIFY
) SCHEDULING ORDER
Plaintiffs,
) AND ALLOWING THE PLAINTIFF
) TO FILE A THIRD AMENDED
vs.
) COMPLAINT; ORDER THEREON
)
CITY OF BAKERSFIELD, TIMOTHY
) (Doc. 21)
BERCHTOLD, JASON FELGENHAUER, )
and DOES 1 through 10, inclusive,
)
)
Defendants.
)
)

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Plaintiff CYNTHIA SOLTERO and defendants CITY OF BAKERSFIELD,

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TIMOTHY BERCHTOLD, and JASON FELGENHAUER, by and through their counsel

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of record, hereby stipulate and agree as follows:

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STIPULATION

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1.

The parties STIPULATE and AGREE that the Court should enter an Order

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amending the scheduling order in this case, such that the schedule be modified as

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follows:

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Deadline/Hearing

Current Date

Requested Date

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Expert Witness Disclosures

---

09/02/14

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Rebuttal Expert Witness Disclosures

---

09/16/14

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Expert Discovery Cutoff

06/02/14

10/07/14

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File Non-Dispositive Motions

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10/22/14

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Hear Non-Dispositive Motions

06/02/14

11/14/14

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File Dispositive Motions

06/09/14

11/21/14

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Hear Dispositive Motions

07/23/14

12/31/14

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Mandatory Settlement Conference

08/07/14

01/20/15

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Pretrial Conference

09/03/14

02/19/15

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Trial

10/21/14

03/23/15

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2.

The parties STIPULATE and AGREE that the plaintiff may file a Third

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Amended Complaint naming Robert Yzaguirre, the decedent’s father, as a party to this

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action so that any and all claims arising from the death of Matthew Vincent Yzaguirre

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may be fully and finally adjudicated in a single action. A true and correct copy of the

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plaintiff’s Third Amended Complaint is attached hereto as Exhibit A.

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GOOD CAUSE EXISTS TO MODIFY THE SCHEDULING CONFERENCE ORDER
AND TO PERMIT DEFENDANTS TO FILE A CROSS COMPLAINT
3.

Good cause exists to modify the scheduling conference order and to permit

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the plaintiff to file a Third Amended Complaint. The parties have agreed to stipulate to

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the above terms because:

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a.

Plaintiff Cynthia Soltero seeks to recover damages as the result of the

death of her son, Vincent Matthew Yzaguirre.
b.

Decedent Vincent Matthew Yzaguirre’s father, Robert Yzaguirre, is

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alive but was not previously named as a party in this lawsuit. It is believed that Mr.

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Yzaguirre is currently incarcerated in Salinas Valley State Prison in Soledad, California.

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c.

Plaintiff wishes to file a Third Amended Complaint to name Mr.

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Yzaguirre as a party so that all claims arising from the death of Vincent Matthew

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Yzaguirre are fully and finally adjudicated in a single action as is contemplated by

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California Code of Civil Procedure Section 377.60.

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d.

Plaintiff and defendants mediated this matter and reached a settlement

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in principal but such settlement is contingent on it being a full and final adjudication of

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all claims that could have been brought as a result of the death of Vincent Matthew

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Yzaguirre. As a result, it is necessary to name Robert Yzaguirre as a party to ensure a

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full and final adjudication of this matter.

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Dated: June 5, 2014.

MARDEROSIAN, CERCONE & COHEN

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/s/ Michael G. Marderosian

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By:________________________________
Michael G. Marderosian,
Attorneys for Defendants
above-named.

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Dated: June 5, 2014.

LAW OFFICES OF
DANIEL GIBALEVICH

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/s/ Daniel A. Gibalevich
By:________________________________
Daniel A. Gibalevich,
Attorneys for Plaintiff

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ORDER

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Good cause appearing, the Court ORDERS:
1.

The stipulation for Plaintiff to file the third amended complaint which was

attached to the stipulation as Exhibit A, is GRANTED. Plaintiff SHALL file the third
amended complaint within three court days;
2.

Defendants SHALL file their responsive pleading to the third amended

complaint within 20 days after its filing;
3.

The scheduling order is amended as follows:

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a.

Expert witnesses SHALL be disclosed no later than 09/02/14;

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b.

Rebuttal expert witnesses SHALL be disclosed no later than 09/16/14;

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c.

All expert discovery SHALL be completed by 10/07/14;

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d.

Non-dispositive motions SHALL be filed no later than 10/22/14 and
heard no later than 11/14/14;

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e.

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Dispositive motions SHALL be filed no later than 11/21/14 and heard
no later than 01/06/15;

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f.

The settlement conference is reset on 01/20/15 at 9:30 a.m.;

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g.

The pretrial conference is reset on 02/25/15 at 8:30 a.m.;

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h.

The trial is reset on 04/21/15 at 8:30 a.m.;

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4.

Within 90 days, counsel SHALL file a joint report detailing the status of the

settlement negotiations.

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IT IS SO ORDERED.
Dated:

June 6, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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