Engert v. Stanislaus County et al

Filing 85

Third STIPULATED Request to Modify Scheduling Order; ORDER: Having reviewed the above stipulation and good cause appearing therefore, IT IS HEREBY ORDERED that the Scheduling Conference Order be modified as follows: Police Practices Expert Wi tness Disclosure with Reports: Current Date: January 21, 2015; Modified Date: February 9, 2015. Police Practices Expert Witness Supplemental/Rebuttal Disclosure with Reports: Current Date: February 11, 2015; Modified Da te: February 17, 2015. All other experts would be disclosed on January 21, 2015. No other deadlines would be changed. Expert discovery cut off remains February 27, 2015. The Pretrial Conference date of June 25, 2015 at 8:30 a.m. in Courtroom 4, before the Honorable Lawrence J. ONeill and trial date of August 4, 2015 at 8:30 a.m. in Courtroom 4, before the Honorable Lawrence J. ONeill also remain unchanged. signed by Magistrate Judge Barbara A. McAuliffe on 1/20/2015. (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 SERGEANT MANUEL
MARTINEZ
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

Attorneys for Defendant SERGEANT
MANUEL MARTINEZ

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THIRD STIPULATED REQUEST TO MODIFY SCHEDULING ORDER; ORDER
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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,

THIRD STIPULATED REQUEST TO
MODIFY SCHEDULING ORDER; ORDER

Plaintiffs,

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

vs.

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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,

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Defendants.
______________________________________

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs IRINA ENGERT,
RON ENGERT and ANNE ENGERT, and Defendants COUNTY OF STANISLAUS, SHERIFF
ADAM CHRISTIANSON, LIEUTENANT CLIFF HARPER, SERGEANT MANUEL MARTINEZ,
DEPUTY MICHAEL GLINSKAS, the ESTATE OF DEPUTY ROBERT LEE PARIS, JR. and RONI
ROBERTS, (collectively, the “Parties”), by and through their undersigned Counsel, pursuant to Local
Rules 143 and 144 as follows:
1.

The Parties respectfully request the District Court modify the deadline for Initial Expert

Disclosures in this matter, moving the deadline for disclosing police practices expert witnesses and
reports from January 21, 2015 to February 9, 2015 and for supplemental and rebuttal reports by police
practices expert(s) from February 11, 2015 to February 17, 2015. All other expert witnesses and
reports would be disclosed on January 21, 2015. No other deadlines would be changed.
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THIRD STIPULATED REQUEST TO MODIFY SCHEDULING ORDER; ORDER
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2.

The reason for this request is that the parties are working diligently to complete fact

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discovery by January 30, 2015, the fact discovery cut-off date. If the deadline for disclosing police

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practices experts is moved from January 21, 2015 to February 9, 2015, the parties’ police practices

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expert witnesses would be able to review all fact discovery prior to completing their reports. This

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would simplify the expert report process and potentially reduce the need for supplemental reports.

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3.

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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4.

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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5.

On October 10, 2014, the Court modified the Scheduling Order at the request of all

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parties on the basis that voluminous discovery still needed to be completed, and that there were

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outstanding discovery disputes that needed to be resolved. Dckt. No. 61.

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6.

Since that time, the parties have worked diligently to complete all fact discovery by the

close of fact discovery, on January 30, 2015.

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7.

This is the Parties’ third stipulated request to modify the Scheduling Order.

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8.

The proposed modified date will not affect the Pretrial Scheduling Conference or trial

9.

Counsel Mike S. Warda for Defendant RT Financial could not be reached for approval

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date.

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of this stipulation, however, the Parties understand that RT Financial has reached a settlement in this

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action with Plaintiffs and will not be participating in the expert discovery phase.

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THIRD STIPULATED REQUEST TO MODIFY SCHEDULING ORDER; ORDER
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Therefore, the Parties respectfully request that that Scheduling Order be modified only as
follows:

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Police Practices Expert Witness Disclosure with Reports:

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Current Date:

January 21, 2015

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Proposed Date:

February 9, 2015

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Police Practices Expert Witness Supplemental/Rebuttal Disclosure with Reports:

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Current Date:

February 11, 2015

Proposed Date:

February 17, 2015

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Respectfully submitted,
Dated: January 16, 2015

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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: January 16, 2015

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: January 16, 2015

RIVERA & ASSOCIATES
By

/s/ Jesse M. Rivera
Jesse M. Rivera
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THIRD STIPULATED REQUEST TO MODIFY SCHEDULING ORDER; ORDER
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Attorney for Defendant
SERGEANT MANUEL MARTINEZ

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Dated: January 16, 2015

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GOYETTE & ASSOCIATES
By

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Dated: January 16, 2015

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

ANGELO, KILDAY & KILDUFF, LLP

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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: January 16, 2015

BORTON PETRINI, LLP

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By

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

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THIRD STIPULATED REQUEST TO MODIFY SCHEDULING ORDER; ORDER
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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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Police Practices Expert Witness Disclosure with Reports:

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Current Date:

January 21, 2015

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Modified Date:

February 9, 2015

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Police Practices Expert Witness Supplemental/Rebuttal Disclosure with Reports:

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Current Date:

February 11, 2015

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Modified Date:

February 17, 2015

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All other experts would be disclosed on January 21, 2015. No other deadlines would be

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changed. Expert discovery cut off remains February 27, 2015. The Pretrial Conference date of June

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25, 2015 at 8:30 a.m. in Courtroom 4, before the Honorable Lawrence J. O’Neill and trial date of

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August 4, 2015 at 8:30 a.m. in Courtroom 4, before the Honorable Lawrence J. O’Neill also remain

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unchanged.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 20, 2015

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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THIRD STIPULATED REQUEST TO MODIFY SCHEDULING ORDER; ORDER
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