R.D.G. et al v. City of Bakersfield et al
Filing
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STIPULATION and ORDER 39 to Modify the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 2/23/2015. (Hall, S)
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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN, CERCONE & COHEN
1260 Fulton Mall
Fresno, CA 93721
Telephone: (559) 441-7991
Facsimile: (559) 441-8170
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: (661) 326-3721
Facsimile: (661) 852-2020
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Attorneys for:
Defendants CITY OF BAKERSFIELD, GREG WILLIAMSON,
SEAN WOESSNER, and ISAAC ALEMAN
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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R.D.G., et al.
Plaintiffs,
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vs.
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CITY OF BAKERSFIELD, et al.
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Defendants.
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Case No. 1:13-CV-02057-JLT
STIPULATION TO MODIFY THE
SCHEDULING ORDER; DECLARATION
OF MICHAEL G. MARDEROSIAN IN
SUPPORT; AND [PROPOSED] ORDER
THEREON
(Doc. 39)
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IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys
of record that the Court should enter an Order amending the scheduling order in this case, such that the
schedule be modified as follows:
Deadline
Current Date
Requested Date
Expert Disclosures
March 27, 2015
April 27, 2015
Rebuttal Expert Disclosures
April 17, 2015
May 18, 2015
Expert Discovery Cutoff
May 11, 2015
June 12, 2015
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GOOD CAUSE appears to modify the Scheduling Order because additional time is needed to
complete the expert discovery process because:
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Defense counsel was unavailable from the latter part of January to mid February due to
preparing for trial in the case of Gonzalez-Chavez v. City of Bakersfield, et al., United States District
Court Case No. 1:12-CV-02053-JLT and attending that trial which began on February 9, 2015, and
ended on February 13, 2015. As a result, key depositions in this matter are scheduled to take place in
the beginning and middle of March. These depositions will need to be considered by the parties’
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experts.
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2.
Since completing the above-referenced trial, Defense counsel has been and is currently in
the process of preparing a Petition for Review to the Supreme Court of California from a January 23,
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2015, Opinion issued by the Fifth District Court of Appeal in the case of Harb, et al. v. City of
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Bakersfield, et al., Fifth District Court of Appeal Case No. F066839/Kern County Superior Court Case
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No. S-1500-CV-265887. The Petition for Review is due on or before March 4, 2015, and this case has
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an extensive record comprised of 22 volumes of the reporter’s transcript on appeal.
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3.
Defense counsel has been and is currently in the process of preparing a Respondents’
Opening Brief in the case of Willis v. Mullins, et al., Ninth Circuit Court of Appeals Case No. 14-16071,
United States District Court Case No. 1:04-CV-6542-AWI-BAM. The brief is due on or before March
9, 2015, and stems from a week and a half long trial in a case that has been pending for over ten years.
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4.
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Defense counsel is also involved in a second federal case, Lopez et al. v. City of
Bakersfield., et al., United States District Court Case No. 1:13-CV-01725-LJO-JLT, which has
discovery cut off and expert disclosures on the exact same day as this matter.
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The requested continuances will not, in any way, affect the date to file dispositive
motions, the pretrial date, or the trial date of February 2, 2016.
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Dated: February 23, 2015
MARDEROSIAN, CERCONE & COHEN
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/s/ Michael G. Marderosian
By:_________________________________
Michael G. Marderosian,
Attorneys for Defendants
above-named.
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Dated: February 23, 2015
McMURRAY HENRIKS LLP
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/s/ Peter G. Haber
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By:_________________________________
Peter G. Haber,
Attorneys for Plaintiffs
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DECLARATION OF MICHAEL G. MARDEROSIAN
I, Michael G. Marderosian, hereby declare as follows:
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I am an attorney at law licensed to practice in all courts of the State of California and am
the attorney of record for defendants in this matter.
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I was unavailable from the latter part of January to mid February due to preparing for trial
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in the case of Gonzalez-Chavez v. City of Bakersfield, et al., United States District Court Case No. 1:12-
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CV-02053-JLT and attending that trial which began on February 9, 2015, and ended on February 13,
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2015. As a result, key depositions in this matter are scheduled to take place in the beginning and middle
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of March. These depositions will need to be considered by the parties’ experts.
3.
Since completing the above referenced trial, I have been and am currently in the process
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of preparing a Petition for Review to the Supreme Court of California from a January 23, 2015, Opinion
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issued by the Fifth District Court of Appeal in the case of Harb, et al. v. City of Bakersfield, et al., Fifth
District Court of Appeal Case No. F066839/Kern County Superior Court Case No. S-1500-CV-265887.
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The Petition for Review is due on or before March 4, 2015, and this case has an extensive record
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comprised of 22 volumes of the reporter’s transcript on appeal.
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4.
I have been and am currently in the process of preparing a Respondents’ Opening Brief in
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the case of Willis v. Mullins, et al., Ninth Circuit Court of Appeals Case No. 14-16071, United States
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District Court Case No. 1:04-CV-6542-AWI-BAM. The brief is due on or before March 9, 2015, and
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stems from a week and a half long trial in a case that has been pending for over ten years.
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5.
I am also involved in a second federal case, Lopez et al. v. City of Bakersfield., et al.,
United States District Court Case No. 1:13-CV-01725-LJO-JLT, which has discovery cut off and expert
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disclosures on the exact same day as this matter.
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6.
The requested continuances will not, in any way, affect the date to file dispositive
motions, the pretrial date, or the trial date of February 2, 2016.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on February 20, 2015, at Fresno, California.
/s/ Michael G. Marderosian
_________________________________________
MICHAEL G. MARDEROSIAN
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ORDER
The parties having stipulated, and good cause appearing, the Court hereby orders that the
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scheduling order be modified as follows:
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Deadline/Hearing
Current Date
New Date
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Expert Disclosures
March 27, 2015
April 27, 2015
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Rebuttal Expert Disclosures
April 17, 2015
May 18, 2015
Expert Discovery Cutoff
May 11, 2015
June 12, 2015
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No other amendments to the case schedule are authorized.
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IT IS SO ORDERED.
Dated:
February 23, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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