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

Filing 34

AMENDED STIPULATION AND ORDER signed by District Judge John A. Mendez on 6/27/2016 ORDERING Undisputed Material Facts to opposing counsel EXTENDED to 8/12/2016; Meet and confer with opposing counsel 8/17/2016; Dispositive Motion 9/6/2016, the last date for hearing of a dispositive motion is 10/4/2016 at 1:30 PM in Courtroom 6; Opposition and Reply dates to dates consistent with the extended hearing date. (Reader, L) Modified on 6/28/2016 (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
EASTERN DISTRICT OF CALIFORNIA
)
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
AMENDED STIPULATION TO AMEND
THE SCHEDULING ORDER TO EXTEND
DISPOSITIVE MOTION DATES

[ALL PARTIES REQUEST A JURY]

COME NOW the Parties in this matter, and present this Amended Stipulation to
Amend the Scheduling Order to Extend the Dispositive Motion dates.

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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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“Plaintiffs”) are jointly represented by Matthew C. Clark and Neil K. Gehlawat of Chain-

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AMENDED STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND DISPOSITIVE MOTION DATES
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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 to

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extend the dates for filing of Dispositive Motions, including Motions for Summary Judgment

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and/or Motions for Summary Adjudication, by four (4) weeks/twenty-eight (28) days, as

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follows:

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a) Extend the date to provide Undisputed Material Facts to opposing counsel to August
12, 2016 from July 15, 2016;
b) Extend the date to meet and confer with opposing Counsel to August 17, 2016 from
July 20, 2016;
c) Extend the last date for filing of a Dispositive Motion to September 6, 2016 from
August 10, 2016;
d) Extend the last date for hearing (oral argument) of a Dispositive Motion to October
4, 2016, at 1:30 p.m. in Courtroom 6, from September 7, 2016; and
e) Extend Opposition and Reply dates to dates consistent with the extended hearing
date.

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1.

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expert witness discovery issues in an effort to informally resolve discovery and expert issues,
including deposition scheduling and designation concerns;
2.

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3.

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Whereas Federal Rules of Civil Procedure (hereinafter “FRCP”) Rule 26 Expert

Disclosure will occur on July 15, 2016;

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Whereas the Court entered Orders amending the Scheduling Conference Order

regarding discovery and expert witness discovery issues;

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Whereas the Parties entered into Stipulations regarding discovery and expert

witness discovery issues;

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

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Whereas FRCP Rule 26 Supplemental Expert Disclosure will occur on July 22,

2016;

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AMENDED STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND DISPOSITIVE MOTION DATES
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6.

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Whereas one or more of the Parties contemplate the filing of a dispositive

2016;

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Whereas FRCP Rule 26 Expert Discovery will close on will close on August 19,

motion;

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8.

Whereas good cause exists since the Parties anticipate the need to review and

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analyze expert witness reports and deposition transcripts prior to meeting and conferring,

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filing, opposing and/or replying to a dispositive motion;

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9.

Whereas the Parties have met and conferred on at least three occasions

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regarding this issue and concur that the four (4) week extension of the dispositive motion dates,

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including the meet and confer, filing, opposition, reply and hearing dates, is the most

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reasonable means to resolve the issue without the need to extend the trial date;

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10.

Therefore, in order to ensure that the Parties have all expert materials, including

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deposition transcripts, available for review and analysis prior to engaging in the dispositive

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motion process, the Parties request the following extensions:

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a) Extend the date to provide Undisputed Material Facts to opposing counsel to August
12, 2016 from July 15, 2016;
b) Extend the date to meet and confer with opposing Counsel to August 17, 2016 from
July 20, 2016;
c) Extend the last date for filing of a Dispositive Motion to September 6, 2016 from
August 10, 2016;
d) Extend the last date for hearing (oral argument) of a Dispositive Motion to October
4, 2016, at 1:30 p.m. in Courtroom 6, from September 7, 2016; and
e) Extend Opposition and Reply dates to dates consistent with the extended hearing
date.

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THEREFORE, IT IS HEREBY STIPULATED THAT:
The Scheduling Order shall be amended to provide for the following deadlines

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extensions of four (4) weeks:

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a) Extend the date to provide Undisputed Material Facts to opposing counsel to

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The Parties respectfully request the Court’s consideration of this request.

August 12, 2016 from July 15, 2016;
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AMENDED STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND DISPOSITIVE MOTION DATES
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b) Extend the date to meet and confer with opposing Counsel to August 17, 2016 from

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July 20, 2016;

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c) Extend the last date for filing of a Dispositive Motion to September 6, 2016 from

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August 10, 2016;

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d) Extend the last date for hearing (oral argument) of a Dispositive Motion to October

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4, 2016, at 1:30 p.m. in Courtroom 6, from September 7, 2016; and

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e) Extend Opposition and Reply dates to dates consistent with the extended hearing

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date.

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Dated: June 27, 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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_

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Dated: June 27, 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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_

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IT IS SO ORDERED.

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Dated: June 27, 2016

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

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#22Q4747.DOC

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AMENDED STIPULATION TO AMEND THE SCHEDULING ORDER TO EXTEND DISPOSITIVE MOTION DATES
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