Holcomb v. Ramar et al

Filing 44

STIPULATION and ORDER EXTENDING Discovery Cut-Off. Non-Expert Discovery Deadline: 8/15/2015. Expert Disclosures: 8/15/2015. Rebuttal-Supplemental Expert Disclosures: 8/28/2015. Expert Discovery Deadline: 9/11/2015. Non-Dispositive Motions shall be filed by 8/12/2015. Non-Dispositive Motion Hearing Deadline: 9/9/2015. Dispositive Motions shall be filed by 8/17/2015. Dispositive Motion Hearing Deadline: 9/21/2015. The Pretrial Conference date of 11/4/2015, and the Trial date of 1/12/2016, remain unchanged. Order signed by Magistrate Judge Sheila K. Oberto on 6/30/2015. (Timken, A)

Anthony Boskovich, No. 121198
1 Law Offices of Anthony Boskovich
28 N. First Street, 6th Floor
2 San Jose, California 95113-1210
[phone]
3 [e-mail]

4 Attorney for plaintiff HARVEY HOLCOMB
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARVEY HOLCOMB,
Plaintiff,

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Case No. 1:13-cv-01102-AWI-SKO
STIPULATION AND ORDER
EXTENDING DISCOVERY CUT-OFF

v.

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

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STIPULATION

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The parties to this Stipulation are Plaintiff HARVEY HOLCOMB (“Plaintiff” or

24 “Holcomb”) and Defendants CITY OF MODESTO, JERRY RAMAR, JAIME COX, BEN
25 KROUTIL,

JOSEPH

BOTTOMS,

TOM

CICCARELLI

and

JEANNE

CHANDLER

26 (“Defendants”), collectively, (“Parties”).
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WHEREAS, the Parties have been working cooperatively to complete the necessary

28 discovery by the current deadline of July 1, 2015. Defendants agreed that they would supplement

1 their responses to written discovery that had been answered by former counsel and that plaintiff
2 would depose some or all of the individually named defendants after that supplementation. Two
3 defendants are no longer employed by the City of Modesto and counsel for defendants had an
4 intervening trial, so supplemental responses were served on plaintiff on June 23, 2015, thus
5 precluding depositions within the current schedule. Accordingly, the parties are requesting a brief
6 continuance of the discovery cut-off and expert disclosures to August 15, 2015. The Parties are
7 not requesting that the dispositive motions date, pretrial conference, or trial be continued and do
8 not believe that the brief extension requested will interfere in any way with the trial date of
9 January 12, 2016.
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The discovery that plaintiff will do is the depositions of the defendants. The parties will

11 also meet and confer regarding potential disputes regarding the written discovery that will be
12 resolved by the new deadline.
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WHEREFORE, the Parties agree and stipulate that the scheduling order be amended as

14 follows:
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Case Management Event:

Prior-Operative DateDeadline:
Non-Expert Discovery Deadline
July 1, 2015
Expert Disclosures
July 10, 2015
Rebuttal-Supplemental Expert Disclosures July 24, 2015
Expert Discovery Deadline
August 7, 2015

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August 15, 2015
August 15, 2015
August 28, 2015
September 11, 2015

All other dates remain as set.

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Stipulated-Deadline:

IT IS SO STIPULATED.

21 DATED:

June 25, 2015

By: /S/ Blake P. Loebs
Blake P. Loebs
Kevin P. McLaughlin
MEYERS, NAVE, RIBACK, SILVER &
WILSON
Attorney for Defendants

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25 DATED: June 25, 2015

By: /S/ Anthony Boskovich
Anthony Boskovich
LAW
OFFICES
OF
BOSKOVICH
Attorney for Plaintiff
HARVEY HOLCOMB

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ANTHONY

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ORDER
An informal telephonic conference was held on June 30, 2015; Anthony Boskovich, Esq.,

3 appeared on behalf of the Plaintiff; Blake Loebs, Esq., appeared on behalf of the Defendants.
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Good cause appearing, the Parties’ stipulated request for an extension of discovery

5 deadlines will be granted in part. To best accommodate the Parties’ request and the Court’s
6 calendar, IT IS HEREBY ORDERED that the dates be extended as follows:
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Case Management Event:
Non-Expert Discovery
Deadline
Expert Disclosures
Rebuttal-Supplemental
Expert Disclosures
Expert Discovery Deadline
Non-Dispositive Motion
Filing Deadline
Non-Dispositive Motion
Hearing Deadline
Dispositive Motion (MSJ)
Filing Deadline
Dispositive Motion (MSJ)
Hearing Deadline
Final Pre-Trial Conference
TRIAL

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Prior-Operative
Date-Deadlines:
July 1, 2015

Parties’ Requested
Deadlines:
August 15, 2015

Final Deadlines:

July 13, 2015
July 24, 2015

August 15, 2015
August 28, 2015

August 15, 2015
August 28, 2015

August 7, 2015
July 31, 2015

September 11, 2015
Unchanged

September 11, 2015
August 12, 2015

None

Unchanged

September 9, 2015

None

August 10, 2015

August 17, 2015

September 7, 2015

Unchanged

September 21, 2015

November 4, 2015
10:00 a.m., Ctrm 2
January 12, 2016
8:30 a.m., Ctrm 2
Jury Trial

Unchanged

Unchanged

Unchanged

Unchanged

August 15, 2015

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IT IS SO ORDERED.
Dated:

June 30, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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