Anderson v. Marsh

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/15/15 GRANTING Plaintiff's leave to file the First Amended Complaint. The First Amended Complaint is to be filed within seven (7) days of this signed order. The parties stip ulate to the following new dates: New fact discovery cutoff date: 2/10/16; New expert disclosures cutoff date: 3/09/16; Dispositive motions to be noticed for no later than 6/02/16; Pretrial conference date: 9/8/16; Trial and other attendant dates: 11/7/16. (Becknal, R)

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1 2 3 4 5 6 7 8 9 10 11 Andrew C. Schwartz (State Bar No. 64578) Adam M. Carlson (State Bar No. 257795) CASPER, MEADOWS, SCHWARTZ & COOK A Professional Corporation 2121 North California Blvd., Suite 1020 Walnut Creek, California 94596 Telephone: (925) 947-1147 Facsimile: (925) 947-1131 schwartz@cmslaw.com carlson@cmslaw.com Karen L. Snell (State Bar No. 100266) Attorney at Law 102 Buena Vista Terrace San Francisco, CA 94117 Telephone: (415) 225-7592 Facsimile: (415) 487-0748 ksnell@snell-law.com Attorneys for Plaintiff Wayne Steven Anderson 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 WAYNE STEVEN ANDERSON Plaintiff, vs. CALIFORNIA HIGHWAY PATROL OFFICER JOHN MARSH and DOES 1-20, CASE NO.1:14-CV-01599 TLN-SAB STIPULATION TO REQUEST LEAVE OF COURT FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND JOINT CLAIMS AND ORDER Defendants. 21 On June 5, 2015, plaintiff Wayne Steven Anderson died. He is survived by his wife, 22 Joanna Anderson, and their two children. Pursuant to Federal Rules of Civil Procedure, Rule 23 15, California Rules of Civil Procedure section 377.30, et seq., and Local Rule 143, the parties 24 25 26 27 28 CASPER, MEADOWS, SCHWARTZ & COOK 2121 N. California Blvd., Suite 1020 Walnut Creek, CA 94596 TEL: (925) 947-1147 FAX (925) 947-1131 hereby stipulate as follows: 1. The parties move the Court to allow the pending action to be continued by the decedent’s successor in interest, Joanna Anderson; 2. The parties move the Court to join the causes of action of decedent’s wife and Anderson v. California Highway Patrol Officer Marsh, et al. Page 1 STIPULATION TO REQUEST LEAVE OF COURT FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND JOIN CLAIMS AND ORDER 1 2 3 4 5 6 7 8 9 10 11 children to the pending action; 3. The parties move the Court to grant Plaintiffs leave to file the First Amended Complaint. The First Amended Complaint is to be filed within seven (7) days of this signed order. 4. The parties move the Court to amend the scheduling order to allow the parties to complete discovery on the new claims. The parties stipulate to the following new dates. New fact discovery cutoff date: February 10, 2016; New expert disclosures cutoff date: March 09, 2016; Dispositive motions to be noticed for no later than June 02, 2016 12 Because the Court requires a time period of five (5) months from the final 13 dispositive motion date to the Trial date, the Court hereby resets the Pretrial conference 14 and Trial dates as follows: 15 Pretrial conference date: September 8, 2016 16 Trial and other attendant dates: November 7, 2016. 17 Dated: September 29, 2015 CASPER, MEADOWS, SCHWARTZ & COOK 18 19 /s/ - “Andrew C. Schwartz” By: ANDREW C. SCHWARTZ Attorneys for Plaintiff 20 21 22 Dated: September 29, 2015 23 OFFICE OF THE ATTORNEY GENERAL /s/ - “Wil Fong” By: Wilfred Fong Attorney for Defendants 24 25 26 27 28 CASPER, MEADOWS, SCHWARTZ & COOK 2121 N. California Blvd., Suite 1020 Walnut Creek, CA 94596 TEL: (925) 947-1147 FAX (925) 947-1131 It is so ORDERED. Dated: October 15, 2015 Troy L. Nunley United States District Judge Anderson v. California Highway Patrol Officer Marsh, et al. Page 2 STIPULATION TO REQUEST LEAVE OF COURT FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND JOIN CLAIMS AND ORDER

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