R.D.G. et al v. City of Bakersfield et al

Filing 56

STIPULATION TO MODIFY the Scheduling Order; ORDER THEREON, Signed by Magistrate Judge Jennifer L. Thurston on 5/29/2015. The Expert Discovery Cutoff shall be 7/27/2015. The Deadline to File Dispositive Motions shall be 8/14/2015. The Deadline to Hear Dispositive Motions shall be 9/25/2015. The Pretrial Conference is reset for 12/8/2015 at 08:30 AM in Bakersfield at 19th Street before Magistrate Judge Jennifer L. Thurston. (Arellano, 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: [phone]
Facsimile: [phone]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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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;
[PROPOSED] ORDER THEREON
(Doc. 53)

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Following the May 27, 2015 teleconference with the Court, the Parties met and conferred and
agreed that the parties should attempt to resolve this matter prior to commencing expert depositions.
Accordingly, the Parties stipulate and request that this Court modify the existing Scheduling Order as
follows to allow meaningful settlement negotiations to occur:

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Deadline
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Current Date

Requested Date

Expert Discovery Cutoff

June 12, 2015

July 27, 2015

Deadline to File Dispositive Motions

June 30, 2015

August 14, 2015

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Deadline to Hear Dispositive Motions

August 11, 2015

September 25, 2015

Pretrial Conference

October 6, 2015

December 8, 2015

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As is set forth in the Declaration of Michael G. Marderosian submitted herewith, GOOD CAUSE
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appears to modify the Scheduling Order as requested because the parties are currently attempting to
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resolve this matter before taking expensive expert depositions and desire to save judicial resources

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regarding expert discovery and any motion for summary judgment. The parties have scheduled a

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mediation with mediator Oliver U. Robinson Esq. for June 12, 2015. Should a settlement in principal be

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reached, it would be subject to City Council approval which also will take additional time.

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The requested continuances will not, in any way, affect the February 2, 2016 trial date.

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Dated: May 29, 2015

MARDEROSIAN, CERCONE & COHEN

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/s/ Michael G. Marderosian

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By:_________________________________
Michael G. Marderosian,
Attorneys for Defendants
above-named.

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Dated: May 29, 2015

McMURRAY HENRIKS LLP

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/s/ Randy McMurray
By:_________________________________
Randy McMurray,
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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The parties are currently attempting to resolve this matter before taking expensive expert

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depositions and desire to save judicial resources regarding expert discovery and any motion for

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summary judgment. A mediation is scheduled with mediator Oliver U. Robinson Esq. on June 12, 2015.

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3.

The requested continuances will not, in any way, affect the February 2, 2016 trial date.

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.

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/s/ Michael G. Marderosian
_________________________________________
MICHAEL G. MARDEROSIAN

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ORDER
Based upon the stipulation of counsel, the Court hereby orders that the scheduling order be

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modified as follows:

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Deadline

Current Date

New Date

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Expert Discovery Cutoff

June 12, 2015

July 27, 2015

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Deadline to File Dispositive Motions

June 30, 2015

August 14, 2015

Deadline to Hear Dispositive Motions

August 11, 2015

September 25, 2015

Pretrial Conference

October 6, 2015

December 8, 2015

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IT IS SO ORDERED.
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Dated:

May 29, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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