Jaime Reyes Jr. et al v. Fresno et al

Filing 139

STIPULATION and ORDER CONTINUING Hearing on Plaintiffs' Discovery Motions. The hearings on Plaintiffs' motions to compel production of financial condition documents (Doc. 134), to compel compliance with subpoena served on non -party Larry Murray (Doc. 135), and to compel production of documents responsive to Plaintiffs' Request for Production No. 8 (Doc. 137), currently set on October 5, 2016, are CONTINUED to October 19, 2016, at 9:30 a.m. in Courtroom 7 before M agistrate Judge Sheila K. Oberto.The Court notes that also pending are Plaintiffs' motions to compel production of Defendant Juan Avila's disability and retirement documents (Doc. 129) and to modify the protective order (Docs. 1 30), which are currently set for hearing on October 5, 2016. In the interest of judicial economy and efficiency, it is further ORDERED that the hearings on these motions are also CONTINUED to October 19, 2016, at 9:30 a.m. in Courtroom 7 before Magistrate Judge Sheila K. Oberto, so that all pending motions can be heard together. Order signed by Magistrate Judge Sheila K. Oberto on 9/16/2016. (Timken, A)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
T. KENNEDY HELM (State Bar No. 282319)
MAYA SORENSEN (State Bar No. 250722)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
JAIME REYES JR., MIRELLA REYES and
JAIME REYES SR.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 JAIME REYES JR., THROUGH HIS
SUCCESSORS IN INTEREST
13 MIRELLA REYES and JAIME REYES
SR.; MIRELLA REYES, Individually;
14 and JAIME REYES SR., Individually,
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Plaintiffs,

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vs.
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CITY OF FRESNO, a public entity, CITY
18 OF FRESNO POLICE CHIEF JERRY
19 DYER, FRESNO POLICE OFFICER
JUAN AVILA, FRESNO POLICE
20 OFFICER MIGUEL ALVAREZ,
individually, and DOES 3 through 10,
21 Jointly and Severally,
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Defendants.

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Case No. 1:13-cv-00418-DAD-SKO

STIPULATION AND ORDER
CONTINUING HEARING ON
PLAINTIFFS’ DISCOVERY MOTIONS

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Case No. 1:13-cv-00418-DAD-SKO: STIPULATION AND ORDER CONTINUING HEARING

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On September 14, 2016, Plaintiffs filed three motions to compel documents concerning

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Defendant Avila’s financial condition (Doc. 134), documents responsive to Plaintiffs’ request for

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production no. 8 (Doc. 137), and compliance with a subpoena for production of documents served

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on non-party Larry Murray (Doc. 135). Plaintiffs noticed the motions for October 5, 2016, when

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the Court will be hearing two other motions in this case. (Docs. 129 and 130).
Defense counsel have both requested that the hearing on the newly filed motions be
continued, due to defense counsel’s scheduling conflict. Mr. Praet states he has time to argue the
two motions that were already on the Court’s calendar for October 5, 2016, but not additionally
the three motions filed on September 14, 2016, because he has a speaking engagement later that

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morning. Plaintiff does not oppose continuing these three motions only (Docs. 134, 135, and
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137), to October 19, 2016.
The parties hereby stipulate and agree that these three motions only (Doc. 134, 135, and
137) shall be heard on October 19, 2016, at 9:30 a.m., or as soon thereafter as the Court may hear
the motions.
The hearing on Plaintiffs’ motion to compel disclosure of Defendant Avila’s disability

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documents (Doc. 129) and motion to modify the Protective Order to allow for criminal

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investigation subject to Protective Order (Doc. 130) shall remain on the Court’s calendar for

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October 5, 2016, at 9:30 a.m.

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Dated: September 15, 2016

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HADDAD & SHERWIN LLP
/s/ Julia Sherwin

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JULIA SHERWIN
Attorneys for Plaintiffs

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Dated: September 15, 2016

FERGUSON, PRAET & SHERMAN
/s/ Bruce D. Praet
BRUCE D. PRAET
Attorneys for Defendants City of Fresno,
City of Fresno Police Chief
Jerry Dyer, City of Fresno
Police Officer Miguel Alvarez

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Case No. 1:13-cv-00418-DAD-SKO: STIPULATION AND ORDER CONTINUING HEARING

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Dated: September 15, 2016

HAIGHT BROWN & BONESTEEL LLP

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/s/ Kevin M. Osterberg
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KEVIN M. OSTERBERG
Attorneys for Defendant Juan Avila

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* Messrs. Praet and Osterberg give their permission to file this stipulation with their electronic
signatures.

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Case No. 1:13-cv-00418-DAD-SKO: STIPULATION AND ORDER CONTINUING HEARING

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ORDER

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Pursuant to the above stipulation of the parties, it is hereby ORDERED that the hearings

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on Plaintiffs’ motions to compel production of financial condition documents (Doc. 134), to

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compel compliance with subpoena served on non-party Larry Murray (Doc. 135), and to compel

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production of documents responsive to Plaintiffs’ Request for Production No. 8 (Doc. 137),

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currently set on October 5, 2016, are CONTINUED to October 19, 2016, at 9:30 a.m. in

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Courtroom 7 before Magistrate Judge Sheila K. Oberto.
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The Court notes that also pending are Plaintiffs’ motions to compel production of

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Defendant Juan Avila’s disability and retirement documents (Doc. 129) and to modify the

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protective order (Docs. 130), which are currently set for hearing on October 5, 2016. In the

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interest of judicial economy and efficiency, it is further ORDERED that the hearings on these

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motions are also CONTINUED to October 19, 2016, at 9:30 a.m. in Courtroom 7 before
Magistrate Judge Sheila K. Oberto, so that all pending motions can be heard together.

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IT IS SO ORDERED.

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Dated:

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September 16, 2016

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Case No. 1:13-cv-00418-DAD-SKO: STIPULATION AND ORDER CONTINUING HEARING

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