D.G., et al v. County of Kern

Filing 31

ORDER signed by District Judge John A. Mendez on 6/13/2016 IT IS SO ORDERED the Scheduling Order shall be amended to provide for the deadlines extensions of two weeks: Extend the Rule 26 Designation of Expert Witnesses to 7/15/2016; Extend the Rule 26 Designation of Supplemental Experts to 7/22/2016; Extend the "expert discovery" deadline to 8/19/2016; and Retain the non-expert discovery deadline as 7/15/2016. (Reader, L)

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THERESA A. GOLDNER, COUNTY COUNSEL
By: ANDREW C. THOMSON, DEPUTY (SBN 149057)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants County
of Kern and Deputy Reed

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
D.G., a minor, by and through his
)
guardian ad litem, Denise Bonilla,
individually and as successor-in-interest )
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to David Garcia, deceased; D.E.G., a
minor, by and through her guardian ad )
litem, Denise Bonilla, individually and )
as successor-in-interest to David Garcia, )
)
deceased; G.D., a minor, by and
through her guardian ad litem, Denise )
Bonilla, individually and as successor- )
in-interest to David Garcia, deceased; )
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RAMONA RAMIREZ NUNEZ,
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individually;
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Plaintiffs,
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vs.
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COUNTY OF KERN; DOES 1
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THROUGH 10;
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Defendants.
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CASE NO. 1:15-CV-00760 JAM-JLT
STIPULATION TO AMEND THE
SCHEDULING ORDER TO EXTEND
EXPERT DISCOVERY

[ALL PARTIES REQUEST A JURY]

COME NOW the Parties in this matter, and present this Stipulation for a Short
Discovery Extension.

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Plaintiffs, D.G., a minor, by and through his guardian ad litem, Denise Bonilla; D.E.G.,

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a minor, by and through her guardian ad litem, Denise Bonilla; G.D., a minor, by and through

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her guardian ad litem, Denise Bonilla; and Ramona Ramirez Nunez, (hereinafter collectively

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\\\

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STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND EXPERT DISCOVERY
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“Plaintiffs”) are jointly represented by Matthew C. Clark and Neil K. Gehlawat of Chain-

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Cohn-Stiles, and Dale K. Galipo of the Law Offices of Dale K. Galipo.

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Defendants, County of Kern (hereinafter “County”) and Deputy Robert Reed

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(hereinafter “Reed”), (hereinafter collectively “Defendants”) are represented by Andrew C.

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Thomson and Kathleen Rivera, Office of Kern County Counsel.

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Plaintiffs and Defendants are hereinafter collectively referred to as the “Parties.”

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IT IS HEREBY STIPULATED AND AGREED TO, by and between the Parties, through

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their respective counsel of record, that an Order be entered modifying the Scheduling Order as

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follows: a) extend the Rule 26 Designation of Expert Witnesses to July 15, 2016; b) extend the

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Rule 26 Designation of Supplemental Experts to July 22, 2016; c) extend the expert discovery

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deadline to August 19, 2016; and d) maintaining the current “non-expert discovery” deadline

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of July 15, 2016.

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1.

Whereas, the Parties have repeatedly met and conferred regarding discovery and

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expert witness discovery issues in an effort to informally resolve discovery and expert issues,

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including deposition scheduling and designation concerns;

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2.

Whereas, the Parties continue to schedule the depositions of witnesses including

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the Coroner’s Pathologist, the Kern County Sheriff’s Office (hereinafter “KCSO”) Public

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Information Officer, the Investigator Technicians, the KCSO Persons Most Knowledgeable in

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21 separate categories, and other witnesses in conformance with the deadlines established by

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the Court in the Scheduling Order and Court’s recent Order for a discovery extension, and with

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deadline of July 15, 2016 for all discovery;

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3.

Whereas, the Parties need deposition transcripts available for expert review and

consideration prior to the experts preparation of their FRCP Rule 26 Reports;
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Whereas, the Parties continue to diligently work together to coordinate

deposition scheduling and prompt transcript preparation;
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Whereas, in the spirit of civility, cooperation and good faith litigation, neither

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party has unilaterally scheduled depositions that are in conflict with the schedule of opposing

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counsel or the deponents;

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STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND EXPERT DISCOVERY
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6.

Whereas, extension of the expert discovery deadlines are necessary as a result of

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the need to take the aforementioned depositions prior to designation of experts and to provide

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the experts the opportunity to review, analyze and consider the deposition testimony, the

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Parties are concerned that their experts will not have an opportunity to fully prepare expert

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reports.

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Whereas, since the Parties would like to ensure that all experts have the

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opportunity to review, analyze and include all of the deposition information in their Rule 26

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Expert Reports, the Parties request the following extensions:

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a) Extend the Rule 26 Designation of Expert Witnesses to July 15, 2016;

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b) Extend the Rule 26 Designation of Supplemental Experts to July 22, 2016;

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c) Extend the “expert discovery” deadline to August 19, 2016; and,

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d) Retain the non-expert discovery deadline as July 15, 2016.

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8.

Whereas, the Parties are informed and believe that the foregoing will not

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adversely affect the remainder of the dates set forth in the Scheduling Order, the Parties

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respectfully request the Court’s consideration of this request.

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THEREFORE, IT IS HEREBY STIPULATED THAT:

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The Scheduling Order shall be amended to provide for the following deadlines extensions
of two weeks:

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a) Extend the Rule 26 Designation of Expert Witnesses to July 15, 2016;

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b) Extend the Rule 26 Designation of Supplemental Experts to July 22, 2016;

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c) Extend the “expert discovery” deadline to August 19, 2016; and,

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d) Retain the non-expert discovery deadline as July 15, 2016.

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Dated: June 9, 2016

CHAIN-COHN-STILES

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By /s/ Neil K. Gehlawat
Matthew C. Clark
Neil K. Gehlawat
Attorneys for Plaintiffs 

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STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND EXPERT DISCOVERY
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Dated: June 10, 2016

THERESA A. GOLDNER, COUNTY COUNSEL

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By /s/ Andrew C. Thomson
Andrew C. Thomson, Deputy
Attorneys for Defendants County of
Kern and Deputy Reed

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IT IS SO ORDERED.

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Dated: June 13, 2016

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/s/ John A. Mendez
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JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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22P4822

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STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND EXPERT DISCOVERY
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