Engert v. Stanislaus County et al

Filing 62

STIPULATED REQUEST TO MODIFY SCHEDULING ORDER; ORDER - Expert Disclosure by 1/21/2015 (was 11/7/14); Non-Expert Discovery by 1/30/2015 (was 12/18/14); Supplemental Expert Disclosure by 2/11/2015 (was 11/21/14); Expert Discovery by 2/27/2015 (was 1/30/15); Pretrial Motion Filing by 3/16/2015 (was 2/27/15); ; Pretrial Motion Hearing by 4/24/2015 (was 4/1/15). Pretrial Conference and Trial dates remain unchanged. signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2014. (Herman, H)

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Richard H. Schoenberger SBN 122190
Spencer J. Pahlke, SBN 250914
WALKUP, MELODIA, KELLY &
SCHOENBERGER
650 California Street, 26th Floor
San Francisco, CA 94108
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs IRINA ENGERT,
ANNE ENGERT, and RON ENGERT

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A PROFESSIONAL CORPORATION
Terence J. Cassidy, SBN 099180
John R. Whitefleet, SBN 213301
Lauren E. Calnero, SBN 284655
350 University Avenue, Suite 200
Sacramento, California 95825
Tel: [phone]
Fax: [phone]

Sean D. O’Dowd SBN 296320
GOYETTE & ASSOCIATES
2366 Gold Meadow Way Ste 200
Gold River, CA 95670
Tel: [phone]
Fax: [phone]
Attorney
for
Defendant
MANUAL MARTINEZ

SERGEANT

Bruce A. Kilday, SBN 66415
ANGELO, KILDAY & KILDUFF, LLP
601 University Avenue Suite 150
Sacramento, CA 958625
Tel: [phone]
Fax: [phone]
Attorney for Defendants DEPUTY MICHAEL
GLINSKAS and ESTATE OF ROBERT
PARIS, JR

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Attorneys for Defendant COUNTY OF
STANISLAUS,
SHERIFF
ADAM
CHRISTIANSON and LIEUTENANT CLIFF
HARPER
Jesse M. Rivera, SBN 84259
RIVERA & ASSOCIATES
2180 Harvard St Ste 310
Sacramento, CA 95815
Tel: [phone]
Fax: [phone]

Cornelius J. Callahan, Esq. SBN 202585
BORTON PETRINI, LLP
201 Needham Street
Modesto, California 95354
Tel: [phone]
Fax: [phone]
Attorneys for Defendant RONI ROBERTS

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Michael S. Warda, CSB #176360
MICHAEL S. WARDA,
A Professional Law Corporation
2350 W. Monte Vista Avenue
Turlock, California 95382
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant RT FINANCIAL

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Attorneys for Defendant SERGEANT
MANUEL MARTINEZ

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRINA ENGERT, ANNE ENGERT, and RON
ENGERT, Individually and as Successors-inInterest to Glendon Engert,

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STIPULATED REQUEST TO MODIFY
SCHEDULING ORDER; ORDER

Plaintiffs,

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Case No.: 1:13-CV-00126-LJO-BAM

vs.
STANISLAUS COUNTY; SHERIFF ADAM
CHRISTIANSON; ROBERT LEE PARIS, SR.
and ELIZABETH JANE PARIS, PERSONAL
REPRESENTATIVES TO THE ESTATE OF
DEPUTY SHERIFF ROBERT LEE PARIS,
JR.; DEPUTY MICHAEL GLINSKAS;
SERGEANT
MANUEL
MARTINEZ;
LIEUTENANT
CLIFF
HARPER;
RT
FINANCIAL, INC.; RONI ROBERTS; and
DOES ONE through TWENTY-FIVE,
inclusive,
Defendants.
______________________________________

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs IRINA ENGERT,

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RON ENGERT and ANNE ENGERT, and Defendants COUNTY OF STANISLAUS, SHERIFF

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ADAM CHRISTIANSON, LIEUTENANT CLIFF HARPER, SERGEANT MANUEL MARTINEZ,

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DEPUTY MICHAEL GLINSKAS, the ESTATE OF DEPUTY ROBERT LEE PARIS, JR., RT

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FINANCIAL, INC., and RONI ROBERTS, (collectively, the “Parties”), by and through their

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undersigned Counsel, pursuant to Local Rules 143 and 144 as follows:
1.

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The Parties respectfully request the District Court modify the Scheduling Conference

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Order to allow approximately 90-120 additional days to complete non-expert and expert discovery,

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expert disclosures, and to file and hear dispositive motions, based on good cause appearing therefore as

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more fully set forth below. The Final Pretrial and Trial dates would remain the same.
2.

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On October 2, 2013 the Court issued its Initial Scheduling Order setting certain dates

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and deadlines, including discovery cut-offs, dispositive motion hearing deadlines and trial. Dckt. No.

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31.

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3.

On June 3, 2014, the Court modified the Scheduling Order at the request of the Parties

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based on the substitution of and addition of new counsel for Defendants SERGEANT MANUEL

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MARTINEZ, DEPUTY MICHAEL GLINSKAS, and ESTATE OF DEPUTY ROBERT LEE PARIS,

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JR. Dckt. No. 43.

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4.

This the Parties’ second stipulated request to modify the Scheduling Order.

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5.

The Parties seek modification of the dates currently set for the close of non-expert and

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expert discovery, expert disclosures, and the deadlines to file and hear dispositive motions.
6.

The Parties submit good cause exists to modify the current scheduling order due to

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counsels’ respective schedules, the remaining voluminous discovery that must be completed, and due

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to ongoing discovery issues related to various privileges and privacy concerns asserted over

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confidential medical type records of Plaintiff IRINA ENGERT and decedent Glendon Engert. The

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issues involving discovery of those medical type records is now pending before the Court. The Parties

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have met and conferred regarding the discovery issues and deposition scheduling, and have agreed that

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approximately 90-120 additional days will be necessary to resolve the pending discovery issues and

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complete non-expert and expert discovery.

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7.

The Parties submit that the movement of dates will allow counsel to properly complete

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non-expert and expert discovery, expert disclosures, and prepare and file dispositive motions. The

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Parties submit that the proposed modified dates will not affect the Pretrial Scheduling Conference or

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trial date.

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Therefore, the Parties respectfully submit that good cause exists to amend the

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Scheduling Conference Order dated June 3, 2014, and hereby propose the following schedule for

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further proceedings:

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Proposed Date

Expert Disclosure:

November 7, 2014

January 21, 2015

Non-Expert Discovery Cutoff:

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Current Date

December 18, 2014

January 30, 2015

Supplemental Expert Disclosure:

November 21, 2014

February 11, 2015

Expert Discovery Cutoff:

January 30, 2015

March 6, 2015

Pretrial Motion Filing Deadline:

February 27, 2015

March 16, 2015

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Pretrial Motion Hearing Deadline:

April 1, 2015

May 1, 2015

Final Pretrial Conference:

June 25, 2015

Unchanged

Trial:

August 4, 2015

Unchanged

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IT IS SO STIPULATED.
Respectfully submitted,

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Dated: October 8, 2014

WALKUP, MELODIA, KELLY & SCHOENBERGER
By

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/s/ Richard H. Schoenberger
Richard H. Schoenberger
Spencer J. Pahlke
Attorneys for Plaintiffs
IRINA ENGERT, ANNE ENGERT, and RON ENGERT

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Dated: October 8, 2014

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

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/s/ Terence J. Cassidy
Terence J. Cassidy
Lauren E. Calnero
Attorneys for Defendants
COUNTY OF STANISLAUS; SHERIFF ADAM
CHRISTIANSON; LIEUTENANT CLIFF HARPER

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Dated: October 8, 2014

RIVERA & ASSOCIATES

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By
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/s/ Jesse M. Rivera
Jesse M. Rivera
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

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Dated: October 8, 2014

GOYETTE & ASSOCIATES

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By

/s/ Sean D. O’Dowd
Sean D. O’Dowd
Attorney for Defendant
SERGEANT MANUEL MARTINEZ

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Dated: October 8, 2014

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ANGELO, KILDAY & KILDUFF, LLP
By

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/s/ Amie McTavish
Bruce Kilday
Amie McTavish
Attorney for Defendants
DEPUTY MICHAEL GLINSKAS and ESTATE OF
DEPUTY ROBERT PARIS, JR.

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Dated: October 8, 2014

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BORTON PETRINI, LLP
By

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/s/ Cornelius J. Callahan
Cornelius John Callahan
Attorney for Defendant RONI ROBERTS

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Dated: October 8, 2014
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MICHAEL S. WARDA, A PROFESSIONAL LAW
CORPORATION

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By

/s/ Michael S. Warda
Michael S. Warda
Attorney for Defendant RT FINANCIAL, INC.

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ORDER
Having reviewed the above stipulation and good cause appearing therefore, IT IS HEREBY
ORDERED that the Scheduling Conference Order be modified as follows:

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Expert Disclosure:

January 21, 2015

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Non-Expert Discovery Cutoff:

January 30, 2015

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Supplemental Expert Disclosure:

February 11, 201

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Expert Discovery Cutoff:

February 27, 2015

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Pretrial Motion Filing Deadline:

March 16, 2015

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Pretrial Motion Hearing Deadline:

April 24, 2015

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The Pretrial Conference date of June 25, 2015 at 8:30 a.m. in Courtroom 4, before the

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Honorable Lawrence J. O’Neill and trial date of August 4, 2015 at 8:30 a.m. in Courtroom 4, before

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the Honorable Lawrence J. O’Neill remain unchanged.

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IT IS SO ORDERED.

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Dated:

October 10, 2014

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE