Warkentine et al v. Soria et al

Filing 78

Amended Stipulation and Order To Continue Trial (First Request) and Related Discovery and Motion Deadlines, signed by Magistrate Judge Michael J. Seng on 05/13/2015. (Yu, L)

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G. DAVID ROBERTSON, ESQ.
California State Bar No. 111984
ROBERTSON, JOHNSON, MILLER & WILLIAMSON
Bank of America Plaza
50 West Liberty Street, Suite 600
Reno, Nevada 89501
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for EDWARD WARKENTINE
and DANIEL TANKERSLEY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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EDWARD WARKENTINE, an individual; and
DANIEL TANKERSLEY, an individual,

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Plaintiffs,
v.
HECTOR J. SORIA; DAN GRASSERAND;
JOHNNY A. LEMUS; HECTOR
LIZARRAGA; KRISTAL CHOJNACKI;
GERRY GALVIN; FRANCISCO AMADOR;
JOSEPH R. AMADOR; LEO CAPUCHINO;
JOHN FLORES; ROBERT SILVA; CITY OF
MENDOTA; JOSEPH RIOFRIO; BRYCE
ATKINS; KORINA ZAMORA; MARTIN
HERNANDEZ; SMITTY’S TOWING &
AUTO DISMANTLING; ABRAHAM
GONZALEZ; FELIPE GONZALEZ;
GONZALEZ TOWING & TIRE SHOP; AND
DOES 1 through 20, inclusive,

CASE NO.: 1:13-CV-01550-MJS
***AMENDED*** STIPULATION AND
ORDER TO CONTINUE TRIAL (FIRST
REQUEST) AND RELATED
DISCOVERY AND MOTION
DEADLINES

Defendants.

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IT IS HEREBY STIPULATED AND AGREED by the parties hereto, that a short

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continuance of the trial in this matter should be granted in the interests of justice to both allow

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the parties to complete discovery and also allow adequate time for the parties to brief, and for the

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Court to consider, dispositive motions expected to be filed in this matter. This is the first request

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Robertson, Johnson,
Miller & Williamson
50 West Liberty Street,
Suite 600
Reno, Nevada 89501

for a continuance of the trial in this matter.

STIPULATION AND ORDER TO CONTINUE TRIAL (FIRST REQUEST) AND RELATED DISCOVERY
AND MOTION DEADLINES
1:13-CV-01550- MJS
PAGE 1

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The parties have been working diligently in discovery to prepare for trial; however, the

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parties have encountered various issues which necessitate a continuance. For example, Plaintiffs

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recently located a large volume of documents which did not previously appear to be important to

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the prosecution of this case, but which now appear to be relevant in light of facts uncovered to
date during the discovery process. Plaintiffs are thus currently working on a supplemental
production.

The Defendants will need additional time to review those documents, depose

additional witnesses disclosed by the documents, and prepare their dispositive motion(s). In
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addition, Plaintiffs are awaiting certain discovery responses from the City Defendants, which
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Plaintiffs must review prior to taking some of the depositions, and those responses may also
require additional investigation. Further, the parties have encountered scheduling conflicts with
some of the necessary depositions, which have also impacted the parties’ ability to file and

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respond to dispositive motions under the current schedule. Finally, the parties understand and

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share the Court’s concern in its March 31, 2015 Order Amending Scheduling Order regarding

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the compressed timeline to resolve the dispositive motions. Thus, the parties now seek a short

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continuance to allow the parties to complete discovery and to further allow adequate time for the

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parties to brief, and for the Court to consider, all dispositive motions filed in this matter.

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The below parties therefore respectfully request an approximately four-month

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continuance of the trial to the end of January 2016 or beginning of February 2016, or another

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time that is mutually agreeable to the parties and the Court. The below parties also request that

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expert and non-expert discovery be extended at least to August 21, 2015, the non-dispositive
motion filing deadline to August 31, 2015, and the dispositive motion filing deadline to
September 30, 2015.
We have also attempted to secure the signatures of the two pro per Gonzalez Defendants

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without success, but they have verbally agreed to the continuance.
ROBERTSON, JOHNSON,
Dated: May 8, 2015
MILLER & WILLIAMSON
/s/ G. David Robertson_________________
G. David Robertson, Attorneys for Plaintiffs

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Robertson, Johnson,
Miller & Williamson
50 West Liberty Street,
Suite 600
Reno, Nevada 89501

STIPULATION AND ORDER TO CONTINUE TRIAL (FIRST REQUEST) AND RELATED DISCOVERY
AND MOTION DEADLINES
1:13-CV-01550- MJS
PAGE 2

FIKE & BORANIAN

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/s/ David A. Fike
David A. Fike, Attorneys for Defendants City of
Mendota, et al.

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ORDER

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Pursuant to the stipulation of the parties, IT IS SO ORDERED that the Trial set in this

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matter is continued to February 9, 2016 at 8:30 AM in Courtroom 6 (MJS) before U.S.

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Magistrate Judge Michael J. Seng. Further, expert and non-expert discovery may continue until

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August 21, 2015, the non-dispositive motion filing deadline is extended to August 31, 2015, and
the dispositive motion filing deadline is extended to September 30, 2015.

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IT IS SO ORDERED.
Dated:

May 13, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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Robertson, Johnson,
Miller & Williamson
50 West Liberty Street,
Suite 600
Reno, Nevada 89501

STIPULATION AND ORDER TO CONTINUE TRIAL (FIRST REQUEST) AND RELATED DISCOVERY
AND MOTION DEADLINES
1:13-CV-01550- MJS
PAGE 3

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CERTIFICATE OF SERVICE

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Pursuant to FRCP 5(b) and Civil Local Rule 5-1, I hereby certify that I am an employee

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of Robertson, Johnson, Miller & Williamson, over the age of eighteen, and not a party to the

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within action. I further certify that on the 8th day of May, 2015, I electronically filed the

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foregoing STIPULATION AND ORDER TO CONTINUE TRIAL (FIRST REQUEST)

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AND RELATED DISCOVERY AND MOTION DEADLINES with the Clerk of the Court by

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using the ECF system which sends a notice of the filing to the following:
David A. Fike, Esq.
(Calif. State Bar No. 95325)
Fike & Boranian
401 Clovis Avenue, Suite 208
Clovis, CA 93612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants City of Mendota,
Hector J. Soria, Dan Grasserand, Johnny A.
Lemus, Hector Lizarraga, Kristal Chojnacki,
Gerry Galvin, Francisco Amador, Joseph R.
Amador, Leo Capuchino, John Flores, Robert
Silva, Joseph Riofrio, Bryce Atkins and
Korina Zamora

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I further certify that on the 8th day of May, 2015, I caused to be deposited in the U.S.

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Mail, first-class postage fully prepaid, a true and correct copy of the foregoing STIPULATION

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AND ORDER TO CONTINUE TRIAL (FIRST REQUEST) AND RELATED

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DISCOVERY AND MOTION DEADLINES, addressed to the following:
Abraham Gonzalez
Felipe Gonzalez
dba Gonzalez Towing & Tire Shop
1297 Oller Street
Mendota, CA 93640
Defendants in pro per

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/s/ Teresa W. Stovak
An Employee of Robertson, Johnson,
Miller & Williamson

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Robertson, Johnson,
Miller & Williamson
50 West Liberty Street,
Suite 600
Reno, Nevada 89501

STIPULATION AND ORDER TO CONTINUE TRIAL (FIRST REQUEST) AND RELATED DISCOVERY
AND MOTION DEADLINES
1:13-CV-01550- MJS
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