Holcomb v. Ramar et al

Filing 38

STIPULATION and ORDER Amending Scheduling Order, signed by District Judge Anthony W. Ishii on 3/2/2015. (The Scheduling Order shall be amended as follows; Fact discovery cutoff date is 6/12/2015; Disclosure of expert witnesses is 6/26/2015; Disclosure of supplemental expert witnesses is 7/10/2015; Expert discovery cutoff date is 8/7/2015; Last day for non-dispositive motions to be filed is 7/31/2015; Last day for dispositive motions to be heard is 9/7/2015; Pretrial Conference set for 11/4/2015, at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 1/12/2016, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) (Gaumnitz, R) Modified (corrected trial date) on 3/5/2015 (Gaumnitz, R).

1 Adam U. Lindgren, City Attorney (SBN: 177476)
CITY OF MODESTO
2 1010 10th Street, Suite 6300
PO BOX 642
3 Modesto, CA 95353
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P. McLaughlin, Esq. (SBN: 251477)
[e-mail]
MEYERS, NAVE, RIBACK, SILVER & WILSON
6 555 12th Street, Suite 1500
Oakland, CA 94607
7 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants
9 CITY OF MODESTO, JERRY RAMAR, JAIME COX, BEN KROUTIL,
JOSEPH BOTTOMS, TOM CICCARELLI and JEANNE CHANDLER
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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HARVEY HOLCOMB,

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Case No: 1:13-cv-01102-AWI-SKO

Plaintiff,
STIPULATION AND ORDER AMENDING
SCHEDULING ORDER

v.

15 JERRY RAMAR, a Modesto police officer;
OFFICER KROUTIL, a Modesto police officer;
16 OFFICER COX, a Modesto police officer;
OFFICER BOTTOMS, a Modesto police
17 officer; OFFICER CICCARELLI, a Modesto
police officer; J. CHANDLER, a Modesto
18 police officer; JOHN DOE and RICHARD
ROE, Modesto police officers, the true names
19 and exact numbers of whom are unknown at this
time; CITY OF MODESTO, a municipal
20 corporation,
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Defendants.

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STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING ORDER [13-cv-01102-AWI-SKO]

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Plaintiff Harvey Holcomb, and Defendants Jerry Ramar, Officer Kroutil, Officer Cox,

2 Officer Bottoms, Officer Ciccarelli, J. Chandler, and City of Modesto (collectively, the “Parties”)
3 hereby agree and stipulate as follows:
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Whereas, on October 21, 2014 the Court entered an order amending its Scheduling Order

5 (Docket No. 30), which set the following case deadlines:
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1.

Fact discovery cutoff: March 13, 2015

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2.

Disclosure of expert witnesses: March 27, 2015

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3.

Disclosure of supplemental expert witnesses: April 10, 2015

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4.

Non-dispositive motion filing deadline: May 1, 2015

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5.

Dispositive motion hearing deadline: June 8, 2015

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6.

Pre-trial conference date: July 29, 2015 at 8:30 a.m. in Courtroom 2

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Trial date: September 22, 2015 at 8:30 a.m. in Courtroom 2;

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Whereas, lead counsel for Defendants, Kevin Gilbert, recently left employment with the

14 law firm representing Defendants, and on February 23, 2015 a Notice of Designation of Counsel
15 was filed by Defendants designating a new lead counsel for Defendants, Blake Loebs;
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Whereas, discovery regarding the defendant officers has been delayed due to the departure

17 of Mr. Gilbert and pending negotiation and entry of a stipulated protective order, which was filed
18 in amended form on February 27, 2015;
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Whereas, Defendants have learned of the need to file an amended answer to assert the

20 affirmative defense of qualified immunity, and Plaintiff has stipulated to the filing of an amended
21 answer reflecting same, which amended answer will be filed pursuant to stipulation on or shortly
22 after March 2, 2015;
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Whereas, good cause exists based upon the foregoing to continue the trial and pretrial dates

24 identified above by 90 days so that the Parties can complete fact discovery and prepare this case
25 for trial without prejudice to either party;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the

2 Parties, through their undersigned counsel of record, subject to the approval of the Court, to
3 amend the Scheduling Order as follows:
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1.

Fact discovery cutoff: June 12, 2015

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2.

Disclosure of expert witnesses: June 26, 2015

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3.

Disclosure of supplemental expert witnesses: July 10, 2015

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Expert discovery cutoff: August 7, 2015

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Non-dispositive motion filing deadline: July 31, 2015

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6.

Dispositive motion hearing deadline: September 7, 2015

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7.

Pre-trial conference date: November 4, 2015 at 10:00 a.m. in Courtroom 2

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8.

Trial date: January 12, 2016 at 8:30 a.m. in Courtroom 2.

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IT IS SO STIPULATED.

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DATED: March 2, 2015

MEYERS, NAVE, RIBACK, SILVER & WILSON

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By:

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/s/ Kevin P. McLaughlin
Kevin P. McLaughlin
Attorney for Defendants
CITY OF MODESTO, JERRY RAMAR,
JAIME COX, BEN KROUTIL, JOSEPH
BOTTOMS, TOM CICCARELLI
and JEANNE CHANDLER

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DATED: March 2, 2015

LAW OFFICES OF ANTHONY BOSKOVICH

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By:

/s/ Anthony Boskovich
Anthony Boskovich
Attorney for Plaintiff
HARVEY HOLCOMB

The filer, Kevin P. McLaughlin, attests that all other signatories listed on whose behalf this

26 filing is submitted concur in the filing’s content and have authorized the filing.
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ORDER
Good cause appearing, the Court hereby adopts the Stipulation of the parties as an Order of

3 the Court.
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5 IT IS SO ORDERED.
6 Dated: March 2, 2015
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SENIOR DISTRICT JUDGE

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