Figueroa, et al. v. City of Fresno

Filing 98

STIPULATION and ORDER Regarding Expert Disclosure and Discovery: (1.) Defendants shall designate and disclose a new expert, to be filed with the Court by no later than June 9, 2017 (per the Courts Order Denying Plaintiffs Request to Seal Documents and Amending Pretrial Scheduling Order (Dkt. No. 55)); (2.) Defendants shall serve on Plaintiffs the full report of their new expert by no later than June 9, 2017; (3.) Defendants new expert shall not offer any opinions on issues or topics diffe rent from those disclosed in the July 29, 2016 expert report of Romeo F. Ingresonamely, Defendants new experts opinions will be limited to those regarding (i) entry into the house, (ii) use of the canine, and (iii) whether the use of force was reason able; (4.) Plaintiffs reserve the right to object and/or to serve a rebuttal report should any of Defendants new experts opinions differ from those disclosed in the July 29, 2016 expert report of Romeo F. Ingreso; (5.) Defendants will not provid e their new expert with any of Plaintiffs expert reports until after Defendants new expert has served his new report; (6.) The depositions for both parties expert witnesses will be rescheduled to July 6 and July 7, 2017 at the San Francisco office of Plaintiffs counsel and shall be held in the following order: (i) Defendants expert, (ii) Plaintiffs expert James L. Norris, (iii) Plaintiffs expert D. P. Van Blaricom, and (iv) Plaintiffs expert Ernest Burwell, unless otherwise agreed to by the pa rties in writing; and (7.) Defendants shall reimburse Plaintiffs for reasonable cancelation costs incurred in rescheduling air travel arrangements for Plaintiffs experts. signed by Magistrate Judge Barbara A. McAuliffe on 5/16/2017. (Herman, H)

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ARTURO J. GONZALEZ (CA SBN 121490)
[e-mail]
ALEXANDRIA A. AMEZCUA (CA SBN 247507)
[e-mail]
CHRISTOPHER J. WIENER (CA SBN 280476)
[e-mail]
SABRINA A. LARSON (CA SBN 291661)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

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Attorneys for Plaintiffs

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BRUCE D. PRAET (CA SBN 119430)
[e-mail]
FERGUSON, PRAET & SHERMAN
1631 East 18th Street
Santa Ana, California 92705-7101
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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AURORA FIGUEROA, on her own behalf, and as
successor in interest to MARTIN FIGUEROA,
and LIZETTE FIGUEROA, on her own behalf,
Plaintiffs,

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Case No.

1:15-cv-00349-DAD-BAM

STIPULATION AND ORDER
REGARDING EXPERT
DISCLOSURE AND DISCOVERY

v.
CITY OF FRESNO, a municipal corporation,
OFFICER ROBERT ALVAREZ, individually and
in his capacity as a police officer for the CITY OF
FRESNO, and OFFICER MIKAL CLEMENT
individually and in his capacity as a police officer
for the CITY OF FRESNO,

Trial Date: August 22, 2017

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Defendants.
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Pursuant to Civil Local Rule 144, Plaintiffs Aurora Figueroa and Lizette Figueroa, and

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Defendants City of Fresno, Mikal Clement, and Robert Alvarez (collectively, “the parties”) by

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and through their respective counsel, stipulate to the following terms regarding expert witness

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disclosure and discovery in light of Defendants’ desire to designate and disclose a new expert

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witness:

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STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE AND DISCOVERY
CIVIL CASE NO. 1:15-CV-00349-DAD-BAM
sf-3767483

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WHEREAS, in its July 22, 2016 Stipulation and Order, the Court set an expert disclosure
deadline of July 29, 2016 (Dkt. No. 48);
WHEREAS, on July 29, 2016, both parties disclosed their experts and provided expert
reports, with Defendants’ report from Romeo F. Ingreso, Jr.;
WHEREAS, on April 10, 2017, the parties scheduled expert depositions for May 15 and
May 16, 2017 at Plaintiffs’ counsel’s San Francisco office;
WHEREAS, on May 10, 2017, Defendants’ counsel informed Plaintiffs’ counsel that

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Mr. Ingreso is no longer able to serve as an expert in this matter and that Defendants desire to

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retain a new expert;

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WHEREAS, in light of this change, the parties agreed to postpone the scheduled May 15
and May 16, 2017 expert depositions;

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WHEREAS, two of Plaintiffs’ experts had already made air travel reservations;

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WHEREAS, the parties wish to work together to come to an agreement regarding

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Defendants’ substitution of expert witness and rescheduling of expert depositions,
NOW THEREFORE, the parties hereby stipulate that

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1. Defendants shall designate and disclose a new expert, to be filed with the Court by

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no later than June 9, 2017 (per the Court’s Order Denying Plaintiffs’ Request to Seal Documents

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and Amending Pretrial Scheduling Order (Dkt. No. 55));

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2. Defendants shall serve on Plaintiffs the full report of their new expert by no later
than June 9, 2017;
3. Defendants’ new expert shall not offer any opinions on issues or topics different

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from those disclosed in the July 29, 2016 expert report of Romeo F. Ingreso—namely,

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Defendants’ new expert’s opinions will be limited to those regarding (i) entry into the house,

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(ii) use of the canine, and (iii) whether the use of force was reasonable;

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4. Plaintiffs reserve the right to object and/or to serve a rebuttal report should any of

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Defendants’ new expert’s opinions differ from those disclosed in the July 29, 2016 expert report

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of Romeo F. Ingreso;

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STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE AND DISCOVERY
CIVIL CASE NO. 1:15-CV-00349-DAD-BAM
sf-3767483

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5. Defendants will not provide their new expert with any of Plaintiffs’ expert reports

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until after Defendants’ new expert has served his new report;
6. The depositions for both parties’ expert witnesses will be rescheduled to July 6 and

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July 7, 2017 at the San Francisco office of Plaintiffs’ counsel and shall be held in the following

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order: (i) Defendants’ expert, (ii) Plaintiffs’ expert James L. Norris, (iii) Plaintiffs’ expert D. P.

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Van Blaricom, and (iv) Plaintiffs’ expert Ernest Burwell, unless otherwise agreed to by the parties

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in writing; and

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7. Defendants shall reimburse Plaintiffs for reasonable cancelation costs incurred in
rescheduling air travel arrangements for Plaintiffs’ experts.
IT IS SO STIPULATED.

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Dated: May 15, 2017

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MORRISON & FOERSTER LLP
By: /s/ Arturo J. González
ARTURO J. GONZÁLEZ

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Attorneys for Plaintiffs

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FERGUSON, PRAET & SHERMAN

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By: /s/ Bruce D. Praet (as authorized on 05/15/17)
BRUCE D. PRAET

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Attorneys for Defendants

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IT IS SO ORDERED.
Dated:

May 16, 2017

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER REGARDING EXPERT DISCLOSURE AND DISCOVERY
CIVIL CASE NO. 1:15-CV-00349-DAD-BAM
sf-3767483

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