Estate of Christopher McDaniel, et al. v. County of Kern, et al.

Filing 33

STIPULATION and ORDER signed by District Judge John A. Mendez on 3/30/17 ORDERING that the Scheduling Order #31 is amended as follows: Fact Discovery Cut-Off: 4/21/2017, Expert Disclosure: 5/1/2017, Supplemental Expert Disclosure: 5/15/2017, Expert Discovery Cut-Off: 5/22/2017. (Kastilahn, A)

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MICHAEL J. CURLS (SBN 159651)
NICHELLE D. JONES (SBN 186308)
LAW OFFICE OF MICHAEL J. CURLS
4340 Leimert Blvd., Suite 200
Los Angeles, CA 90008
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs CAMERON MCDANIEL, DAMON MCDANIEL and THE
ESTATE OF CHRISTOPHER MCDANIEL
MARK L. NATIONS, COUNTY COUNSEL
STATE OF CALIFORNIA
By: Marshall S. Fontes, Deputy (SBN 139567)
Kathleen S. Rivera, Deputy (SBN 211606)
Kern County Administrative Center
1115 Truxton Ave., Fourth Floor
Bakersfield, CA 93301
Telephone: [phone]|
Facsimile: [phone]
Attorneys for Defendants, County of Kern, Kern County Sheriff’s Department,
Aaron Warmerdam and Jeffrey Kelly

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
) Case No.: 1:15-CV-01320-JAM-JLT
THE ESTATE OF CHRISTOPHER
MCDANIEL, CAMERON MCDANIEL, )
)
individually and as Successor in
)
)
Interest to CHRISTOPHER
) STIPULATION TO AUGMENT
MCDANIEL, DAMON MCDANIEL
) SCHEDULING ORDER
individually, and GUNNER MCDANIEL,)
individually, by and through his
)
Guardian Ad Litem CATHY LOWELL )
)
)
Plaintiff,
)
)
)
vs.
)
)
COUNTY OF KERN, KERN COUNTY )
SHERIFF’S DEPARTMENT, AARON )
)
WARMERDAM, JEFFREY KELLEY, )
)
and DOES 1 THROUGH 25,
)
INCLUSIVE,
)
Defendants
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STIPULATION TO AUGMENT SCHEDULING ORDER (1:15-CV-01320-JAM-JLT)

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TO THE HONORABLE COURT:

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This stipulation is entered into by and between the plaintiffs and the

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defendants, by and through their respective counsel.

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1.

Despite the diligence of counsel, the parties have not been able to

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complete all depositions necessary to be properly prepared for trial. Counsel

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have recently become aware of the registered owner of the firearm at issue in this

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case. This registered owner informed counsel for the defense that his firearm

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was stolen from his residence in 2012, and he identified the individual whom he

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reported to the Bakersfield Police Department as the offending party. All counsel

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have indicated a desire to depose these individuals.

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2.

Plaintiffs noticed a physical inspection of the weapon allegedly used

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by the decedent during the incident and of decedent’s clothing. Despite the

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diligence of counsel, the inspection was not able to be conducted prior to the

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March 3, 2017 discovery cut-off deadline. It is necessary that this inspection

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occur prior to the preparation of Plaintiffs’ Rule 26 report.

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3.

The deadline to complete expert witness disclosures was previously

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continued by the Court to March 3, 2017. However, the parties have not been

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able to complete expert witness reports as a result of the delay of the physical

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inspection of the gun and of decedent’s clothing. The inability to complete this

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discovery described above was not the result of any action of counsel.

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4.

The parties have been cooperating and informally extending

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disclosure deadlines while attempting to schedule necessary depositions and

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inspections.

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///

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///

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///

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STIPULATION TO AUGMENT SCHEDULING ORDER (1:15-CV-01320-JAM-JLT)

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5. Based on the forgoing, the parties agree through counsel to amend the

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scheduling order as follows:

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Fact Discovery Cut-Off:

From January 31, 2017 to April 21,

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2017

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Expert Disclosure

From February 13 to May 1, 2017

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Supplemental Expert Disclosure:

From February 27, 2017 to May 15,

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2017
Expert Discovery Cut-Off:
6.

From March 6, 2017 to May 22, 2017

The parties further stipulate that no dispositive motions will be filed in

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this matter. As such, parties do not seek any additional modification of the dates

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set forth in the scheduling order filed on December 13, 2016 as Document 31.

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NOW THEREFORE, IT IS HEREBY STIPULATED by the Parties, subject to

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approval by this Court that the Scheduling Order be amended as set forth above.

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DATED: March 30, 2017

LAW OFFICE OF MICHAEL J. CURLS

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By:
/s/
Nichelle D. Jones, Attorneys for
Plaintiffs THE ESTATE OF
CHRISTOPHER MCDANIEL, et al.

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DATED: March 30, 2017

MARK L. NATIONS, COUNTY COUNSEL
By:
/s/
Marshall S. Fontes, Deputy
Kathleen S. Rivera, Deputy
Attorneys for Respondents

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ORDER
PER STIPULATION OF COUNSEL, IT IS HEREBY ORDERED that the

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Scheduling Order is Amended as proposed.
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DATED: 3/30/2017
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/s/ John A. Mendez______________________
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United States District Court Judge
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STIPULATION TO AUGMENT SCHEDULING ORDER (1:15-CV-01320-JAM-JLT)