Jaime Reyes Jr. et al v. Fresno et al

Filing 81

STIPULATION and ORDER CONTINUING Dates Concerning Records Ordered to be Produced by Defendant City of Fresno 79 . Defendants may complete their production of documents and produce any privilege log to Plaintiffs no later than Februar y 6, 2015; Plaintiffs shall complete their review of the documents, and the parties will submit the joint status report to the Court no later than February 27, 2015; and the Court shall set a further hearing after reviewing the parties' joint status report. Order signed by Magistrate Judge Sheila K. Oberto on 1/14/2015. (Timken, A)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GENEVIEVE K. GUERTIN (State Bar No. 262479)
T. KENNEDY HELM (State Bar No. 282319)
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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JAIME REYES JR., THROUGH HIS
SUCCESSORS IN INTEREST
MIRELLA REYES and JAIME REYES
SR.; MIRELLA REYES, Individually;
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
OF FRESNO POLICE CHIEF JERRY
DYER, FRESNO POLICE OFFICER
JUAN AVILA, FRESNO POLICE
OFFICER MIGUEL ALVAREZ,
individually, and DOES 3 through 10,
Jointly and Severally,

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Defendants.

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

STIPULATION AND ORDER
CONTINUING DATES CONCERNING
RECORDS ORDERED TO BE
PRODUCED BY DEFENDANT CITY OF
FRESNO (DOC. 79)

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Case No. 1:13-cv-00418-LJO-SKO: STIPULATION AND ORDER CONTINUING DATES

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On November 20, 2014, this Court ordered the City of Fresno to produce the following
documents to Plaintiffs by January 9, 2015:

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1. Internal affairs documents pertaining to complaints and discipline records of
Officer Avila. To the extent there is an applicable privilege asserted with regard to
any documents, an updated privilege log will be produced;
2. Documents such as fitness for duty examinations and psychological evaluations of
Officer Avila that are in the City Defendants' possession pertaining to prior
shootings in which Officer Avila was involved – including the June 2012 shooting
which is the subject of this suit. This document production shall not include
documents regarding any shooting subsequent to June 2012 in which Officer Avila
was involved; and

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3. Disability records or claims of Officer Avila in the possession of the City –
including the June 2012 shooting which is the subject of this suit. This document
production shall not include documents regarding any shooting subsequent to June
2012 in which Officer Avila was involved.

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The Fresno Defendants produced voluminous responsive documents to Plaintiffs on January 9,
2015, and Plaintiffs received them on January 12, 2015. Defendants are still searching for more
responsive documents, and the parties agree that an updated privilege log, if any, may be produced

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with the final production of documents. Plaintiffs’ counsel will be in an eight week wrongful death
trial, M.H. v. County of Alameda, et al., N.D. Ca. Case No. C-11-2868 JST (LB), and do not believe
they will have time to complete their review within one week of the final production of documents.

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Plaintiffs’ counsel could complete their review and submit the joint status report to the Court within

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three weeks of Defendants’ final production of documents.

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The parties therefore stipulate and agree:

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1)

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log to Plaintiffs no later than February 6, 2015;
2)

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Defendants may complete their production of documents and produce any privilege

Plaintiffs will complete their review of the documents and the parties will submit
the joint status report to the Court no later than February 27, 2015;

3)

The Court shall set a further hearing after reviewing the parties’ joint status report.

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The Court in the M.H. case does not have trial on Fridays, so Plaintiffs’ counsel

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would be available for a hearing any Friday in March 2015.

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Case No. 1:13-cv-00418-LJO-SKO: STIPULATION AND ORDER CONTINUING DATES

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Dated: January 13, 2015

HADDAD & SHERWIN LLP

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/s/ Julia Sherwin

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JULIA SHERWIN
Attorneys for Plaintiffs

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Dated: January 13, 2015

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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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Dated: January 13, 2015

HAIGHT BROWN & BONESTEEL LLP

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/s/ Kevin M. Osterberg
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-LJO-SKO: STIPULATION AND ORDER CONTINUING DATES

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ORDER

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Pursuant to the stipulation of the parties, it is HEREBY ORDERED that:
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log to Plaintiffs no later than February 6, 2015;
2.

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Defendants may complete their production of documents and produce any privilege

Plaintiffs shall complete their review of the documents, and the parties will submit the
joint status report to the Court no later than February 27, 2015; and

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The Court shall set a further hearing after reviewing the parties’ joint status report.

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IT IS SO ORDERED.
Dated:

January 14, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Case No. 1:13-cv-00418-LJO-SKO: STIPULATION AND ORDER CONTINUING DATES

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