Smith v. City of Modesto et al

Filing 21

Stipulated request for an amended scheduling order; Order Thereon, signed by Magistrate Judge Michael J. Seng on 4/27/2015. (Non expert Discovery due by 9/14/2015; Expert Disclosure due by 10/13/2015; Expert Discovery due by 11/30/2015) (Rosales, O)

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SANJAY S. SCHMIDT (State Bar No. 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
1686 Second St., Suite 219
Livermore, California 94550
Telephone: [phone]
Facsimile: [phone]
e-mail: [e-mail]
Attorneys for Plaintiff,
JACK SMITH
Susan E. Coleman (SBN 171832)
E-mail: [e-mail]
Nathan A. Oyster (SBN 225307)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]; Fax: [phone]
Attorneys for Defendants
CITY OF MODESTO, OFFICER DAVID WATSON
and OFFICER RANDALL W. BOLINGER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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)
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Plaintiff,
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vs.
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CITY OF MODESTO, a municipal
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corporation, Modesto Police Department
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Officers DAVID WATSON (#11078),
)
individually, and RANDALL W.
)
BOLINGER (#10069), individually, and
DOES 1 through 50, Jointly and Severally, )
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Defendants.
)
)
JACK SMITH,

Case No. 1:14-CV-01285-LJO-MJS
STIPULATED REQUEST FOR AN
AMENDED SCHEDULING ORDER;
ORDER THEREON

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The parties respectfully submit the following Stipulation and Proposed Order:

STIPULATED REQUEST FOR AMENDED SCHEDULING ORDER & [PROPOSED] ORDER

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STIPULATION
WHEREAS, all parties to the above-entitled action, by and through their counsel of

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record, met and conferred recently regarding an extension of the non-expert discovery cut-off

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date;
WHEREAS, the current Scheduling Order (Dkt. 16) sets forth the following Discovery

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Deadlines and Expert Disclosure Deadlines:
Non-Expert Discovery:
Expert Discovery:

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July 14, 2015
October 30, 2015

Expert Disclosure Deadlines:
Filing:
August 18, 2015
Supplemental:
September 15, 2015

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WHEREAS, the parties have already completed a sizeable portion of the written
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discovery, but will need to address certain issues with the Magistrate Judge assigned to this
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matter concerning certain categories of discovery because the parties have reached an impasse.
However, due to the trial schedules of counsel for the parties and due to other extraneous

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circumstances, there have been delays in counsel’s ability to resolve these issues and proceed

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with the discovery. Accordingly, the depositions that were scheduled had to all be placed on

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hold, pending the resolution of the documents at issue. Based on these circumstances, the

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parties require additional time to complete the non-expert discovery in this matter.

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Additionally, the parties wish to attempt to accommodate the schedules of deponents as much

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as is practicable, so as to minimize the inconvenience to both deponents and to parties in

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completing the remaining depositions. However, this will also require additional time. In sum,

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reconciling the schedules of Defense counsel, Plaintiff’s counsel, and the various lay witnesses,
in order to both resolve the pending discovery and complete the depositions, requires additional
time.
Based on the circumstances described above, the parties now respectfully and jointly

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request that the court issue an amended scheduling order, which maintains the same Non25

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Dispositive Motion and Dispositive Motion filing deadlines, as well as the same Pretrial
STIPULATED REQUEST FOR AMENDED SCHEDULING ORDER & [PROPOSED] ORDER

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Conference and Jury Trial dates as previously ordered, but which extends only the discovery

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deadlines, as set forth below.
WHEREFORE, THE PARTIES HEREBY STIPULATE and respectfully request that the

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Court order that the Scheduling Order (Dkt. 16) be amended or modified to reflect the

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deadlines listed below:

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Non-Expert Discovery: extended from July 14, 2015 to September 14, 2015;

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Expert Discovery: extended from October 30, 2015 to November 30, 2015;

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Expert Disclosure: Filing: extended from August 18, 2015 to October 13, 2015;

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Supplemental Expert Disclosure: extended from September 15, 2015 to November 17, 2015;
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All other deadlines, hearings, and the Pretrial Conference and Trial dates would remain as

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set.
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Dated: April 27, 2015

Respectfully Submitted,
LAW OFFICE OF SANJAY S. SCHMIDT

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/s/ Sanjay S. Schmidt
SANJAY S. SCHMIDT
Attorneys for Plaintiff
JACK SMITH

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Dated: April 27, 2015

Respectfully Submitted,

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BURKE WILLIAMS & SORENSON
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/s/ Nathan A. Oyster (as authorized on 04/26/15)1
By: NATHAN A. OYSTER
Attorneys for Defendants,
CITY OF MODESTO, DAVID WATSON,
and RANDALL BOLINGER

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Pursuant to Local Rule 131(e), approval has been obtained from counsel to submit this
document on counsel’s behalf.

STIPULATED REQUEST FOR AMENDED SCHEDULING ORDER & [PROPOSED] ORDER

ORDER

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Having considered the parties’ Stipulated Request for an Amended Scheduling Order
and good cause appearing therefor,
IT IS HEREBY ORDERED that the Stipulated Request is granted, as set forth in the
Stipulation above:

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The Scheduling Order (Dkt. 16) shall be amended to reflect the deadlines listed below:

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1. The deadline to complete Non-Expert Discovery shall be extended from July 14,
2015 to September 14, 2015;

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2. The deadline for Expert Disclosure shall be extended from August 18, 2015 to
October 13, 2015;

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3. The deadline for Supplemental Expert Disclosure shall be extended from September
15, 2015 to November 17, 2015;

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4. The deadline for Expert Discovery shall be extended from October 30, 2015 to
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November 30, 2015; and,
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5. All other deadlines, hearings, and the Pretrial Conference and Trial dates shall
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remain as set.

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IT IS SO ORDERED.

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Dated:

April 27, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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STIPULATED REQUEST FOR AMENDED SCHEDULING ORDER & [PROPOSED] ORDER