Reid v. United States of America et al

Filing 128

ORDER approving Stipulation to amend Scheduling Order 127 signed by Magistrate Judge Gary S. Austin on 3/8/2022, ( Designation of Expert Witnesses due by 6/27/2022., Discovery due by 6/13/2022., Dispositive Motions filed by 11/15/2022, Non-Dispos itive Motions filed by 9/20/2022., Jury Trial set for 4/11/2023 at 08:30 AM in Bakersfield, 510 19th Street before Bakersfield MJ., Pretrial Conference set for 2/14/2023 at 10:00 AM in Bakersfield, 510 19th Street before Bakersfield MJ.)(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GORDON C. REID, 12 13 14 15 Plaintiff, v. 1:14-cv-01163-BAK (GSA) - PC ORDER APPROVING STIPULATION TO AMEND THE SCHEDULING ORDER (ECF No. 127.) UNITED STATES OF AMERICA, et al., Defendants. 16 17 18 19 20 21 22 Plaintiff Gordon C. Reid is proceeding with counsel in this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). 23 On March 3, 2022, a Stipulation and proposed order to amend the scheduling order was 24 filed with the court containing the signatures of counsel for Plaintiff and counsel for Defendants. 25 (ECF No. 127.) 26 STIPULATION 27 Plaintiff Gordon C. Reid, Defendants United States of America and Jason Ontiveroz, and 28 Defendant Ray Garcia, through their respective counsel, represent and stipulate to the following: 1 1 On July 22, 2021, the Court issued a scheduling order. Dkt. 105. The parties thereafter 2 served Initial Disclosures, responded to written discovery, and produced documents. In 3 December 2021, the parties sought an extension of the schedule for approximately 45 days to 4 accommodate scheduling conflicts associated with Plaintiff’s counsel’s trial schedule. Dkt. 112. 5 The Court granted that extension. Dkt. 113. The parties thereafter continued to pursue discovery, 6 including by producing documents, responding to written discovery, and taking depositions. The 7 parties had scheduled several more depositions within the remaining fact discovery period, 8 including the deposition of the Plaintiff. 9 On February 28, 2022, Defendant Garcia filed a proposed Consent Order Granting 10 Substitution of Attorney seeking to substitute Kevin G. Little as his trial counsel in this matter. 11 Dkt. 124. Defendant Garcia’s new counsel then requested that the schedule be extended to allow 12 his new counsel to meaningfully participate in discovery, including by postponing the depositions 13 currently on calendar. In order to honor this request, the parties hereby agree to adjust the 14 schedule as reflected in the chart below and respectfully request that the Court amend the 15 scheduling order to do so. 16 17 Event Current Date New Date 18 Non-Expert Discovery Cut Off 3/14/2022 6/13/2022 19 Expert Disclosures 3/28/2022 6/27/2022 20 Rebuttal Expert Disclosures 4/25/2022 7/25/2022 21 Expert Discovery Cut Off 5/27/2022 9/5/2022 22 Non-Dispositive Motions Filed By 6/13/2022 9/20/2022 23 Settlement Conference 6/16/2022 6/16/2022 24 Non-Dispositive Motions Hearing 7/11/2022 10/25/2022 25 Dispositive Motions Filed By 7/29/2022 11/15/2022 Dispositive Motions Hearing 9/9/2022 12/20/2022 Pre-Trial Conference 11/4/2022 2/14/2023 Trial 1/9/2023 4/11/2023 26 27 28 2 1 After consideration of the proposed order, IT IS HEREBY ORDERED that the parties’ 2 Stipulation to amend the scheduling order, filed on March 3, 2022, is approved, giving full effect 3 to the Stipulation. 4 5 6 7 IT IS SO ORDERED. Dated: March 8, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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