Novak v. Merced Police Department, et al.

Filing 39

AMENDED SCHEDULING ORDER. Order Adopting the Parties Stipulation (Doc. 38) IN PART. The parties stipulation filed on February 3, 2015 (Doc. 38) outlined above is adopted by the Court IN PART. The new deadlines are outlined as follows: Expert Discl osure April 2, 2015. Supp. Expert Disclosure April 23, 2015. Non-Expert Discovery Cut-off April 27, 2015. Expert Discovery Cut-off May 15, 2015. Pre-trial Motion Filing Deadline June 15, 2015. The parties are advised that at this stage of the pr oceedings extension of the non-dispositive motion deadline as proposed is unnecessary. Non-expert and expert discovery deadlines have been extended and the associated motions to compel are tied to these deadlines. Compliance with these non-expert an d expert discovery deadlines requires motions to compel be filed and heard sufficiently in advance of the cutoff so that the Court may grant effective reliefwithin the allotted discovery time. A partys failure to have a discovery dispute heard suffic iently in advance of the discovery cutoff may result in denial of the motion as untimely. Additionally, all other pre-trial motions must be filed no later than June 15, 2015, so that the Court has sufficient time to rule on the motions prior to the pretrial conference August 26, 2015. signed by Magistrate Judge Barbara A. McAuliffe on 2/4/2015. (Herman, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
NANCY JUNE NOVAK,

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Plaintiff,

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Case No.: 1:13-CV-01402- BAM
Action Filed: Aug. 30, 2013

vs.
CITY OF MERCED, A MUNICIPAL
CORPORATION, MERCED POLICE
OFFICER RASMUSSEN (#161),
INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS A POLICE
OFFICER FOR THE CITY OF MERCED,
SGT. STRUBLE (ID #UNKNOWN),
INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS A POLICE
SERGEANT FOR THE CITY OF
MERCED, OFFICER CHAVEZ (#156),
INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS A POLICY
OFFICER FOR THE CITY OF MERCED,
THE MENTOR NETWORK, LOYD’S
LIBERTY HOMES, INC., A
MASSATUCHETS CORPORATION
DOING BUSINESS IN CALIFORNIA,
CHRISTINA TRIGG, AN INDIVIDUAL,
JOELLA BREWER, AN INDIVIDUAL,
CARE MERIDIAN CORPORATION,
AND DOES 1-50, inclusive,

AMENDED SCHEDULING ORDER

ORDER ADOPTING THE PARTIES’
STIPULATION (DOC. 38) IN PART

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Defendants.
Plaintiff, NANCY JUNE NOVAK, by and through her attorney of record,

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Timothy V. Magill, Esq. of Magill Law Offices in Fresno, California, and Defendants,
THE MENTOR NETWORK, LOYD’S LIBERTY HOMES, CHRISTINA TRIGG, and

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JOELLA BREWER, by and through their attorney for record, Douglas C. Smith, Esq. of

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Riverside, California, and Defendants, MERCED POLICE DEPARTMENT, OFFICER

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RASMUSSEN, SGT. STRUBLE, and OFFICER CHAVEZ, by and through their

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attorney of record, Dale Long Allen, Jr., Esq. of San Francisco, California, hereby
Stipulate and agree to extend the Briefing Schedule filed May 8, 2014, by sixty (60) days,
as listed below:

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Current

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New

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Expert Disclosure

Feb. 2, 2015

April 2, 2015

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Supp. Expert Disclosure

Feb. 23, 2015

April 23, 2015

Non-Expert Discovery Cut-off

Feb. 27, 2015

April 27, 2015

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Expert Discovery Cut-off

March 15, 2015

May 15, 2015

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Non-dispositive Filing Deadline

March 30, 2015

May 30, 2015

Pre-trial Motion Filing Deadline

May 18, 2015

July 18, 2015

DATED: February 3, 2015.

MAGILL LAW OFFICES

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By:

_____/s/ Timothy V. Magill________
Timothy V. Magill, Esq.
Attorney for Plaintiff,
NANCY JUNE NOVAK

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DATED: February 3, 2015.

SMITH LAW OFFICES

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By:

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_____/s/ Douglas C. Smith__________
Douglas Charles Smith, Esq.
Attorney for Defendants,
THE MENTOR NEWTWORK,
LOYD’S LIBERTY HOMES,
CHRISTINA TRIGG
and JOELLA BREWER

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DATED: February 3, 2015.

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ALLEN, GLAESSNER, HAZELWOOD,
WERTH

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By:

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______/s/ Dale L. Allen, Jr.__________
Dale Long Allen, Jr., Esq.
Attorney for Defendants,
MERCED POLICE DEPARTMENT,
OFFICER RASMUSSEN, SGT.
STRUBLE, and OFFICER CHAVEZ

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ORDER

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The parties’ stipulation filed on February 3, 2015 (Doc. 38) outlined above is adopted by
the Court IN PART. The new deadlines are outlined as follows:

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Expert Disclosure

April 2, 2015

Supp. Expert Disclosure

April 23, 2015

Non-Expert Discovery Cut-off

April 27, 2015

Expert Discovery Cut-off

May 15, 2015

Pre-trial Motion Filing Deadline

June 15, 2015

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The parties are advised that at this stage of the proceedings extension of the non-

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dispositive motion deadline as proposed is unnecessary. Non-expert and expert discovery

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deadlines have been extended and the associated motions to compel are tied to these deadlines.

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Compliance with these non-expert and expert discovery deadlines requires motions to compel be

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filed and heard sufficiently in advance of the cutoff so that the Court may grant effective relief

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within the allotted discovery time. A party’s failure to have a discovery dispute heard

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sufficiently in advance of the discovery cutoff may result in denial of the motion as untimely.

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Additionally, all other pre-trial motions must be filed no later than June 15, 2015, so that
the Court has sufficient time to rule on the motions prior to the pretrial conference August 26,
2015.

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All of other orders contained in this Court’s scheduling order issued on May 8, 2014
(Doc. 36) remain in full force and effect.

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IT IS SO ORDERED.

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Dated:

February 4, 2015

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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