Motley, et al v. Fresno Police Officer Smith, et al.

Filing 94

ORDER for Limited Extension of Non-Expert Discovery Due to Unanticipated Trial Conflict: (1.) Last Day to File to Add Parties and Amend Pleadings January 31, 2017. Non-Expert Discovery Cut-Off (Non-Expert Discovery Completion Due) As to All Non-Ex pert Discovery, Except As Provided Below April 17, 2017. Expert Disclosures (Initial) Service Deadline was May 1, 2017, now July 21, 2017. Rebuttal-Supplemental Expert Disclosures Service Due was May 15, 2017, now August 4, 2017. Expert Discove ry Cut-Off (Expert Discovery Completion Due) was June 12, 2017, now August 18, 2017. Dispositive Motion/MSJ Filing Deadline (Last Day for Filing Dispositive Motions) was June 26, 2017, now August 21, 2017. Non-Expert Discovery Cut-Off (Non-Expert Discovery Completion Due) Only As To Depositions Timely, Properly, and Reasonably Noticed Prior to, was April 17, 2017, now July 14, 2017. Final Pre-Trial Conference ("PTC") January 16, 2018, 2:30 p.m. TRIAL March 13, 2018, 8:30 a.m. (Ct rm 5). (2.) Except as specified herein above, all other dates and deadlines operative as of the Courts scheduling Orders would remain unchanged and unaffected by the parties Stipulation or any associated Order made pursuant thereto. The provisions of the parties Stipulation and this Order shall be in effect until further applicable Order of the Court. signed by Magistrate Judge Barbara A. McAuliffe on 4/7/2017. (Herman, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 10 11 PAMELA MOTLEY; ESTATE OF CINDY RAYGOZA, through its legal 12 representative and administrator, YVETTE CALDERA; YVETTE 13 CALDERA; VALERIE CALDERA; DANNY RICE,, 14 Plaintiffs, 15 v. 16 JOSEPH SMITH; BRIAN LITTLE; 17 DERRICK JOHNSON; MICHAEL COUTO; BERNARD FINLEY; 18 BYRON URTON; RYAN ENGUM; UNKNOWN POLICE OFFICERS; 19 THE CITY OF FRESNO, CALIFORNIA, 20 Defendants. 21 22 Case No. 1:15-CV-00905-DAD-BAM [Hon. Dale A. Drozd, District Judge; Hon. Barbara A. McAuliffe, M. Judge] [PROPOSED] ORDER FOR LIMITED EXTENSION OF NONEXPERT DISCOVERY DUE TO UNANTICIPATED TRIAL CONFLICT Complaint Filed: June 17, 2015 Trial Date: March 13, 2018 PURSUANT TO THE STIPULATION OF THE PARTIES, and pursuant to the 23 Court’s inherent and statutory authority, including but not limited to the Court’s 24 authority under all applicable statutes and rules – including Fed. R. Civ. P. 16, 26, and 25 40, as well as all applicable Federal Rules of Civil Procedure and U.S. Dist. Ct., E.D. 26 Cal. Local Rules – after due consideration of all of the relevant pleadings, papers, and 27 records in this action; and upon such other evidence or argument as was presented to 28 the Court; Good Cause appearing therefor, and in furtherance of the interests of justice, 1 Case No. 1:15-CV-00905-DAD-BAM 1 IT IS HEREBY ORDERED that: 2 1. The Court hereby Orders that the Court’s scheduling orders [Dkt. Doc. 79, 3 92] are hereby further modified, continued, and reset to the following case 4 management schedule: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Case Management Event: Prior-Operative Date-Deadline: Last Day to File to Add Parties and January 31, 2017 Amend Pleadings Non-Expert Discovery Cut-Off April 17, 2017 (Non-Expert Discovery Completion Due) – As to All NonExpert Discovery, Except As Provided Below Expert Disclosures (Initial) – May 1, 2017 Service Deadline Rebuttal-Supplemental Expert May 15, 2017 Disclosures – Service Due Expert Discovery Cut-Off (Expert June 12, 2017 Discovery Completion Due) Dispositive Motion/MSJ – Filing June 26, 2017 Deadline (Last Day for Filing Dispositive Motions) Non-Expert Discovery Cut-Off April 17, 2017 (Non-Expert Discovery Completion Due) – Only As To Depositions Timely, Properly, and Reasonably Noticed Prior to April 17, 2017 Final Pre-Trial Conference January 16, 2018, ("PTC") 2:30 p.m. NEW Date-Deadline: TRIAL March 13, 2018, 8:30 a.m. (Ctrm 5) 24 January 31, 2017 April 17, 2017 July 21, 2017 August 4, 2017 August 18, 2017 August 21, 2017 July 14, 2017 January 16, 2018, 2:30 p.m. March 13, 2018, 8:30 a.m. 25 26 27 28 /// /// /// 2 Case No. 1:15-CV-00905-DAD-BAM 1 2. Except as specified herein above, all other dates and deadlines operative as 2 of the Court’s scheduling Orders would remain unchanged and unaffected by the 3 parties’ Stipulation or any associated Order made pursuant thereto. The provisions of 4 the parties’ Stipulation and this Order shall be in effect until further applicable Order of 5 the Court. 6 7 IT IS SO ORDERED. 8 9 Dated: /s/ Barbara April 7, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 1:15-CV-00905-DAD-BAM

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