McGowan et al v. County of Kern et al

Filing 119

STIPULATION and ORDER Settlement Conference currently set for 1/9/2020 is continued to 3/24/2020 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pretrial Conference currently set for 2/24/2020 is continued to 5/18/2020 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Jury Trial currently set for 5/5/2020 is continued to 7/14/2020 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Sheila K. Oberto on 11/4/2019. (Kusamura, W)

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MARGO A. RAISON, COUNTY COUNSEL
By: Kathleen S. Rivera, Deputy (SBN 211606)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendant County of Kern

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK MCGOWAN, INDIVIDUALLY
AND AS SUCCESSOR-IN-INTREST TO
NANCY
JOYCE
GARRETT,
DECEASED;
DEBORAH
BLANCO,
INDIVIDUALLY AND AS SUCCESSORIN-INTEREST TO NANCY JOYCE
GARRETT;

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Plaintiffs,
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v.
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COUNTY OF KERN, a municipality; )
NICHOLAS JOHN CLERICO, an )
individual; and DOES 1 – 100;
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Respondents.
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Case No.: 1:15-cv-01365 DAD SKO

JOINT STIPULATION FOR
CONTINUANCE OF CERTAIN
SCHEDULED DATES

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JOINT STIPULATION

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COME NOW the parties to this action jointly, through their respective attorneys of
record, and stipulate as follows:
1.

This case was previously scheduled to begin jury trial on April 21, 2020.

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(Doc. 112).

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Joint Stipulation for Continuance of Certain Scheduled Dates, 1:15-cv-01365 DAD-SKO

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2.

On October 17, 2019, this court issued a minute order, continuing the jury trial

to May 5, 2020, due to the unavailability of the court. (Doc. 117).
3.

Counsel for defendant Nicholas Clerico has a conflict with the new trial date of

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May 5, 2020. Specifically, counsel for defendant Clerico is beginning a jury trial in Tulare

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Superior Court on May 18, 2020, lasting two weeks, followed by a jury trial in Fresno

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Superior Court on June 1, 2020 lasting two weeks.

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4.

All parties agree that good cause exists to amend the scheduling order to allow

a short continuance of the scheduled jury trial in order to accommodate counsel’s conflict.

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5.

The parties propose a new trial date of July 14, 2020.

6.

Given the new trial date, the parties further stipulate that good cause exists to

continue the dates for filing of dispositive and non-dispositive motions for the following
reasons:
•The parties previously mediated this case with a private mediator in May of
2017, which was unsuccessful;
•The parties wish to mediate this case again, and have been in contact with
Magistrate Oberto’s chambers regarding using Judge Friedman of the Kern County
Superior Court as a mediator. Unfortunately Judge Friedman has informed the parties

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he is not able to mediate the matter, and the parties are currently conferring to choose
a mediator;
•The parties wish to avoid the time and expense of drafting dispositive and
non-dispositive motions until after they have exhausted their settlement efforts;
•The parties stipulate and request the court to set a new deadline of January 14,

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2020, for the filing of dispositive and non-dispositive motions.

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Joint Stipulation for Continuance of Certain Scheduled Dates, 1:15-cv-01365 DAD-SKO

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7.

The parties further stipulate and request the court to VACATE and reset in

accordance with the court’s calendar the scheduled dates for: hearings for non-dispositive
motions and dispositive motions, the settlement conference and the pre-trial conference.

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8.

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The parties therefore stipulate and propose the following amendments to the

case schedule in this matter:

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Event/Deadline

Existing Date

Stipulated New Date

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Non-Dispositive motions-Filing

November 5, 2019

January 14, 2020

Dispositive motions-Filing

November 5, 2019

January 14, 2020

Non-Dispositive Motion-Hearing

December 4, 2019

To be set by court

Dispositive Motion-Hearing

December 17, 2019

To be set by court

Settlement Conference

June 9, 2020

To be set by court

Pre-Trial Conference

February 24, 2020

To be set by court

Trial

May 5, 2020

July 14, 2020

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9.

A proposed order is submitted herewith. The parties jointly request that the

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Court enter the proposed order.
SO STIPULATED.
Dated: October 30, 2019

MARGO A. RAISON, COUNTY COUNSEL

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By: /S/ Kathleen S. Rivera
Kathleen S. Rivera, Deputy
Attorneys for Defendant County of Kern

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Joint Stipulation for Continuance of Certain Scheduled Dates, 1:15-cv-01365 DAD-SKO

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Dated: October 30, 2019

CHAIN, COHN, STILES

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By: /S/ Matthew C. Clark
MATTHEW C. CLARK
Attorney for the Plaintiffs

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Dated: October 30, 2019

THE LAW OFFICE OF THOMAS C. SEABAUGH

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By: /S/ Thomas C. Seabaugh
THOMAS C. SEABAUGH
Attorney for the Plaintiffs

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Dated: October 30, 2019

WEAKLEY & ARENDT, LLP

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By: /S/ James Weakley
JAMES D. WEAKLEY
Attorney for Defendant Clerico

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Joint Stipulation for Continuance of Certain Scheduled Dates, 1:15-cv-01365 DAD-SKO

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ORDER

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Pursuant to the parties’ above stipulation, (Doc. 118), for good cause shown, the
scheduling order dates are MODIFIED as follows:

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Event

Prior Date

Continued Date

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Non-Dispositive Motion Filing

November 5, 2019

January 14, 2020

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Non-Dispositive Motion Hearing

December 4, 2019

February 12, 2020

Dispositive Motion Filing

November 5, 2019

January 14, 2020

Dispositive Motion Hearing

December 17, 2019

March 3, 2020

Settlement Conference

January 9, 2020

March 24, 2020, at 10:30
a.m.

Pretrial Conference

February 24, 2020

May 18, 2020, at 1:30
p.m.

Trial

May 5, 2020

July 14, 2020, at 8:30
a.m.

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IT IS SO ORDERED.
Dated:

November 4, 2019

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Joint Stipulation for Continuance of Certain Scheduled Dates, 1:15-cv-01365 DAD-SKO