Estate of Donald Maliik Levingston et al v. County of Kern et al

Filing 25

ORDER After Informal Telephonic Conference; ORDER GRANTING #22 Stipulation to Amend the Case Schedule, signed by Magistrate Judge Jennifer L. Thurston on 3/1/2017. Stipulation to amend complaint due by 3/10/2017. Opposition to motion to stay due by 3/13/2017; Reply due by 3/17/2017. Expert discovery to be completed by 6/9/2017. Non-Dispositive Motion Deadlines: Filed by 6/23/2017; Hearing by 7/21/2017. Dispositive Motions: Filed by 6/23/2017. Pretrial Conference CONTINUED to 11/6/2017 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial CONTINUED to 1/9/2018 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ESTATE OF DONALD MALIIK
LEVINGSTON, et al.,

12
13
14

Plaintiffs,
v.
COUNTY OF KERN, et al.,

15

Defendants.

16
17

)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-CV-0188 - DAD - JLT
ORDER AFTER INFORMAL TELEPHONIC
CONFERENCE (Doc. 23)
ORDER GRANTING STIPULATION TO AMEND
CASE SCHEDULE (Doc. 22)

At the request of the Court, counsel participated in an informal telephonic conference. (Doc. 23)

18

At the conference, counsel discussed the issues raised in the motion to stay (Doc. 20) and were able to

19

agree that the motion can be resolved by a stipulation to amend the complaint to name the possible

20

other heirs. Likewise, the Court discussed with counsel their stipulation to amend the case schedule and

21

received additional information demonstrating good cause to do so. Thus, the Court ORDERS:

22
23
24

1.

No later than March 3, 2017, plaintiffs’ counsel SHALL provide a copy (via e-mail)

to opposing counsel of the divorce decree related to the decedent’s first marriage;
2.

No later than March 6, 2017, counsel for the County defendants SHALL circulate to

25

other counsel a draft of the stipulation allowing the plaintiffs to amend their complaint to add only the

26

possible omitted heirs. The amended complaint will not change the nature of the complaint or add any

27

causes of action and SHALL only join the possible omitted heirs. Counsel SHALL notify Mr.

28

Thomson immediately of any changes needed to the stipulation;
1

3.

1

No later than March 8, 2017, counsel for plaintiffs SHALL circulate to other counsel

2

the finalized stipulation along with the proposed first amended complaint. Counsel SHALL notify Ms.

3

Jones immediately of any changes needed to the amended complaint;
4.

4
5

No later than March 10, 2017, counsel SHALL file the stipulation with the proposed

first amended complaint;
5.

6

To allow time to draft the stipulation and the first amended complaint, the opposition to

7

the motion to stay (Doc. 20) is continued to March 13, 2017 and the reply is due March 17, 2017. In

8

making this change, the Court recognizes the motion WILL NOT go forward1 and, indeed, if there is

9

any insurmountable impediment encountered to filing the stipulation described above by March 10,

10

2017, counsel SHALL immediately seek a telephonic conference with Judge Thurston;
6.

11
12

case schedule is amended as follows:
a.

13
14

The stipulation (Doc. 22) to amend the case schedule (Doc. 11) is GRANTED and the

Experts SHALL be disclosed no later than April 12, 2017 and any rebuttal

experts SHALL be disclosed no later than May 5, 2017;

15

b.

All expert discovery SHALL be completed no later than June 9, 2017;

16

c.

Non-dispositive motions SHALL be filed no later than June 23, 2017 and heard

no later than July 21, 2017;

17
18

d.

Dispositive motions SHALL be filed no later than June 23, 2017;

19

e.

The pretrial conference is CONTINUED to November 62, 2017 at 3:30 p.m.;

20

f.

The trial is CONTINUED to January 9, 2018 at 8:30 a.m.

21

///

22

///

23

///

24

///

25

///

26

///

27
28

1

However, until the stipulation is filed, the motion will remain on calendar.
This reflects a different date than the one discussed. When discussing this with counsel, the Court failed to note that Judge
Drozd holds pretrial conferences only on Mondays.
2

2

1

No other amendments to the case schedule are authorized.3

2
3

IT IS SO ORDERED.

4

Dated:

March 1, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

This does not mean that counsel are not free to select a new settlement conference date if the case is not amenable to
settlement at the time of the currently set conference. However, if they need a different date, they SHALL clear the new
date with the Court before filing a stipulation in this regard.

3