Felix et al v. The State of California et al

Filing 48

STIPULATION and ORDER to CONTINUE Fact Discovery Cut-Off. Non-expert fact discovery shall be continued three weeks. No other dates are affected. The new date and deadline shall be as follows: Non-Expert Discovery due by 3/13/2015. Order signed by Magistrate Judge Sheila K. Oberto on 1/20/2015. (Timken, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT FELIX and JACK PHELPS,
individuals,

1:13-cv-00561-SKO

STIPULATION FOR ORDER TO
Plaintiffs, CONTINUE FACT DISCOVERY CUTOFF; ORDER THEREON

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v.
Judge:
The Honorable Sheila K. Oberto
Trial Date: January 25, 2016
Action Filed: April 17, 2013

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THE STATE OF CALIFORNIA,
DEPARTMENT OF DEVELOPMENTAL
SERVICES, OFFICE OF PROTECTIVE
SERVICES,

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Defendant.

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IT IS HEREBY STIPULATED, by and among ROBERT FELIX (“FELIX”) and JACK
PHELPS (“PHELPS”) (“Plaintiffs”) and STATE OF CALIFORNIA, DEPARTMENT OF
DEVELOPMENTAL SERVICES, INC. (“Defendant” or “Defendant”) (collectively, the
“Parties”), through their respective undersigned counsel, as follows:

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WHEREAS, this Court entered an Amended Scheduling Order in this matter on August 18,
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2014 (Court Docket, Document No. 37);
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WHEREAS, the current Scheduling Order has a fact discovery cut-off date of February 21,
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2015;
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Stip. For Order to Continue Fact Discovery Cut-Off (1:13-cv-00561-SKO)

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WHEREAS, after an informal telephonic discussion with the Honorable District Court

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Magistrate Judge Sheila Oberto related to discovery issues, the Parties have been advised that due

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to scheduling difficulties involving third party witnesses, over whom neither Party has control, at

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least one of the witnesses will not be available for deposition until the first week of March 2015;

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WHEREAS, the Parties have a mediation scheduled for January 20, 2015 and it is currently
unknown if said mediation will resolve this matter;
WHEREAS, the Parties anticipate additional depositions will be necessary if the mediation
is not successful;
WHEREAS, the Parties agree the difficulty in scheduling depositions and the other factors

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described more fully herein constitute good cause pursuant to Federal Rules of Civil Procedure

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Rule 16(b)(4) for the Court to extend the non-expert discovery deadline for an additional three

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weeks until March 13, 2015 in order to complete adequate discovery. No other dates will be

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changed.

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EVENT/DEADLINE
Non-Expert Discovery

CURRENT DATE

PROPOSED DATES

02/21/2015

3/13/2015

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IT IS SO STIPULATED.

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Dated: January 20, 2015

LAW OFFICE OF DEAN B. GORDON

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By: /s/ Dean B. Gordon
Dean B. Gordon
Attorneys for Plaintiffs Robert Felix
and Jack Phelps

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Dated: January 20, 2014

OFFICE OF THE ATTORNEY GENERAL

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Stip. For Order to Continue Fact Discovery Cut-Off (1:13-cv-00561-SKO)

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By: /s/ Mary Horst
Mary Horst
Deputy Attorney General
Attorneys for Defendant Department
of Developmental Services

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ORDER
Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that non-expert fact
discovery shall be continued three weeks. No other dates are affected. The new dates and
deadlines shall be as follows:

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EVENT/DEADLINE

CURRENT DATE
2/21/2015

Non-Expert Discovery

NEW DATE
3/13/2015

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IT IS SO ORDERED.
Dated:

January 20, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stip. For Order to Continue Fact Discovery Cut-Off (1:13-cv-00561-SKO)