Phillips, et al. v. County of Fresno, et al.

Filing 64

STIPULATION and ORDER to Extend Non-Dispositive Motions Filing Deadline: The motion to extend the non dispositive motion filing deadline is DENIED as unnecessary. Non-expert and expert discovery deadlines have been extended and associated mot ions to compel are tied to these deadlines. Compliance with these non-expert and expert discovery deadlines requires motions to compel be filed and heard sufficiently in advance of the cutoff so that the Court may grant effective relief within the al lotted discovery time. A parties failure to have a discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the motion as untimely. signed by Magistrate Judge Barbara A. McAuliffe on 11/24/2014. (Herman, H)

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James D. Weakley, Esq.
James J. Arendt, Esq.

Bar No. 082853
Bar No. 142937

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Weakley & Arendt, LLP
1630 East Shaw Ave., Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants, COUNTY OF FRESNO, MARGARET MIMS, TOM GATTIE,
RICK HILL, LUE HER, KONG YANG, BRANDON CASTRO, EDWARD MORENO,
GEORGE LAIRD AND PRATAP NARAYAN
UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD PHILLIPS, in his capacity as the
administrator of the ESTATE OF TROY
PHILLIPS; TIFFANY PHILLIPS,

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Plaintiffs,
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vs.
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COUNTY OF FRESNO; MARGARET MIMS; )
CORRECTIONAL OFFICER L. HERR #9899, )
CORRECTIONAL OFFICER CASTRO;
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JOHN DOE AND RICHARD ROE,
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individually and in their official capacities as
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correctional and classification officers of the
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Fresno County Sheriff’s Department;
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EDWARD MORENO, M.D.; GEORGE
)
LAIRD; PRATAP NARAYAN; NANCY POE )
and CARL COE, individually and in their
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official capacities as health care workers in the )
Fresno County jail system, and DOES 1-50,
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Defendants.
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CASE NO. 1:13-CV-00538 AWI BAM

STIPULATION AND ORDER TO
EXTEND NON-DISPOSITIVE
MOTION FILING DEADLINE

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Pursuant to the Federal Rules of Civil Procedure, the Eastern District Local Rules and

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the Court’s Amended Scheduling Order (Doc. 55), the Parties, through their respective counsel,

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have stipulated to extend the following deadlines:

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Stipulation and Order to Extend
Non-Dispositive Motion Deadline

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Motion Deadlines:

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Non-Dispositive Motion Filing Deadline

On October 16, 2014, non-expert and expert discovery deadlines were rescheduled to February
16, 2015, and March 12, 2015 (Doc. 62) respectively, however, the discovery motion filing
deadline was not extended to comport with these dates. The proposed motion filing deadline
will allow the parties to complete discovery, and if necessary, file a discovery motion.
Respectfully submitted,
DATE: November 19, 2014

Law Offices of Anthony Boskovich
By:

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DATE: November 19, 2014

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/s/ Anthony Boskovich
Anthony Boskovich
Peter Grenier (pro hac vice)
Attorneys for Plaintiffs
WEAKLEY & ARENDT, LLP

By:

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New Date
March 19, 2015

Good cause exists for an extension of time to file non-dispositive discovery motions.

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Current Date
January 26, 2015

/s/ James J. Arendt
James J. Arendt
Attorneys for Defendants

ORDER
The motion to extend the non dispositive motion filing deadline is DENIED as

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unnecessary. Non-expert and expert discovery deadlines have been extended and associated

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motions to compel are tied to these deadlines. Compliance with these non-expert and expert

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discovery deadlines requires motions to compel be filed and heard sufficiently in advance of the

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cutoff so that the Court may grant effective relief within the allotted discovery time. A parties’

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failure to have a discovery dispute heard sufficiently in advance of the discovery cutoff may

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result in denial of the motion as untimely.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 24, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order to Extend
Non-Dispositive Motion Deadline

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Stipulation and Order to Extend
Non-Dispositive Motion Deadline

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