Morgutia-Johnson v. City Of Fresno et al

Filing 42

STIPULATION and ORDER to Extend Expert Discovery Cut-Off. Expert Discovery Deadline Extended to 4/17/2015. Order signed by Magistrate Judge Sheila K. Oberto on 3/23/2015. (Timken, A)

1 Mildred K. O'Linn (State Bar No. 159055)
Courtney R. Arbucci, (State Bar No. 266036)
2 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
th
3 801 S. Figueroa St, 15 Floor
Los Angeles, California 90017-3012
4 Telephone: [phone]
Facsimile: [phone]
5 Email: [e-mail]; [e-mail]
6 Attorneys for Defendants,
SERGEANT LARRY HUSTEDDE, and
7 OFFICER JEFFREY KAISER
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 IDALIA J. MORGUTIA-JOHNSON,
Plaintiff,

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Case No. 1:14-CV-00127 LJO-SKO
[Hon. Lawrence J. O’Neill, D. Judge;
Hon. Sheila K. Oberto, M. Judge]

v.

JOINT STIPULATION TO
EXTEND EXPERT DISCOVERY
CUT-OFF

15 CITY OF FRESNO, CHIEF JERRY
DYER, SERGEANT LARRY
16 HUSTEDDE, OFFICER JEFFREY
KAISER, and DOES 1 to 10,
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Defendants.
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Complaint Filed: 01/28/2014
Trial Date:
06/09/2015

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21 TO THE HONORABLE COURT:
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By and through their counsel of record in this action, plaintiff IDALIA J.

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MORGUTIA-JOHNSON and defendants SERGEANT LARRY HUSTEDDE AND

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OFFICER JEFFREY KAISER ("defendants") – the parties – by and through their

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respective attorneys of record, hereby stipulate for the purpose of jointly requesting that

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the honorable Court enter an Order continuing, resetting, and modifying the pending

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Expert Discovery Cutoff only, not changing the current trial date (and pursuant to Fender

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Rules of Civil Procedure 16, 26, and 40, as well as, to the extent applicable, United States

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District Court, Eastern District of California Local Rule 143, 144, 240, and 281-285) as

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follows:

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GOOD CAUSE STATEMENT
1.

As a result of the incident-witness deposition delay of Tasha Cole, counsel

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for all parties appeared before this Court on March 18, 2015, for an Order to Show Cause

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of Tasha Cole in regards to her failing to appear for prior noticed depositions. At that

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time, Tasha Cole appeared before this Court and agreed to have her deposition

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examination proceed immediately after the hearing.

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2.

While present before the Court, all counsel represented to this Court that

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they would be requesting a brief 30 day extension of the Expert Discovery Cutoff as a

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result of the pending non-expert witness deposition of Tasha Cole going forward. The

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Court acknowledged the request at that time.

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3.

Tasha Cole's deposition examination went forward on March 18, 2015.

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4.

The parties have met and conferred regarding the issue of the Expert

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Discovery Cutoff being on or around the same date as the Court's Order to Show Cause

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Hearing of Tasha Cole in which counsel for all parties were required to be present.

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5.

Further, due to scheduling issues between counsel and experts for the

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depositions to be calendared prior to March 18, 2015, counsel in good faith have agreed to

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provide multiple dates of availability within the next 30 to schedule the depositions.

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6.

In light of the above-mentioned issues, the parties hereby stipulate that there

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is Good Cause here for, and in good faith jointly request that, the Court continue the

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operative Expert Discovery Cutoff in this matter by 30 days in a manner comparable to

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the specific request herein after.

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STIPULATION FOR CONTINUANCE & SCHEDULING MODIFICATION.

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6.

Accordingly, in light of the foregoing Good Cause, the parties hereby

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stipulate to and jointly request that the Court issue and Order modifying the operative

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Scheduling Order in this case as to the Expert Discovery Cutoff Date along the lines

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and/or in a manner comparable to the following proposed amended dates:

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1 Description

Current Date

2 Expert Discovery Deadline

03/18/15

Extended Date
04/17/15

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7.

Nothing in this Stipulation or any associated Order shall be construed as

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vacating, rescinding, amending, or modifying (in whole or in part) the Court's operative

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protective order re confidential documents [Dkt. Doc. 16].

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8.

This Stipulation may be signed in counterpart and a facsimile or electronic

signature shall be as valid as an original signature.
IS IT SO STIPULATED:

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11 DATED: March 20, 2015

MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP

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By:

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/s/ Courtney R. Arbucci
Mildred K. O’Linn, Esq.
Courtney R. Arbucci, Esq.
Attorneys for Defendants,
SERGEANT LARRY HUSTEDDE, and
OFFICER JEFFREY KAISER

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20 DATED: March 20, 2015

LAW OFFICES OF VICKI SARMIENTO &
LAW OFFICES OF JORGE GONZALEZ

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By:

/s/ Vicki Sarmiento
Vicki Sarmiento, Esq.
Jorge Gonzalez, Esq.
Attorneys for Plaintiff,
IDALIA J. MORGUTIA-JOHNSON

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ORDER FOR MODIFICATION OF SCHEDULING ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, after due consideration of all

3 of the relevant pleadings, papers, and records in this action; and upon such other oral and
4 documentary evidence or argument as was presented to the Court, pursuant to the Court's inherent
5 and statutory powers, including not limited to the applicable provisions of the Federal Rules of
6 Civil Procedure, and all applicable provisions of the Federal Rules of Civil Procedure, and all
7 applicable federal laws and Local Rules or the U.S. District Court, Eastern District of California;
8 Good Cause appearing therefor, and in furtherance of the interests of justice,
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IT IS HEREBY ORDERED that:
1.

The Court hereby orders that the Court's Scheduling Order Re Joint Stipulation to

11 Extend Expert Designation and Expert Discovery Cutoff of January 30, 2015 [Dkt. Doc. 24] and,
12 to the extent applicable, the Court's Standing Order [Dkt. Doc. 3-1] and/or all prior scheduling
13 orders issues in this action, are hereby modified, continued, and reset to the following:
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15 Description

Current Date

16 Expert Discovery Deadline

03/18/15

Extended Date
04/17/15

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2.

Nothing in this Order shall be construed as vacating, rescinding, amending, or

19 modifying (in whole or in part) the Court's operative protective order re confidential documents
20 [Dkt. Doc. 27]. All other dates shall remain unchanged.
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22 IT IS SO ORDERED.
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Dated:

March 23, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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