Centeno et al v. City Of Fresno et al

Filing 47

STIPULATION and Joint Request of the Parties to RESET the Mandatory Settlement Conference; ORDER: the Settlement Conference is continued from March 29, 2017 to June 8, 2017 at 9:30AM before Judge McAuliffe in Courtroom 8 (BAM). Confidential statements, not filed, due ONE WEEK prior to June 8, 2017 and sent as an attachment to [e-mail], signed by Magistrate Judge Barbara A. McAuliffe on 4/13/2017. (Herman, H)

1 Mildred K. O'Linn (State Bar No. 159055)
[e-mail]
2 Tony M. Sain (State Bar No. 251626)
[e-mail]
3 Lynn L. Carpenter (State Bar No. 310011)
[e-mail]
4 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
th
5 801 S. Figueroa St, 15 Floor
Los Angeles, California 90017-3012
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendants,
8 CITY OF FRESNO AND OFFICERS ZEBULON
PRICE AND FELIPE MIGUEL LUCERO
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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13 CHANNEL CENTENO, HERIBERTA
CENTENO, JOSE CENTENO,
14 individually,,
Plaintiffs,

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16

v.

17 CITY OF FRESNO, ZEBULON
PRICE, FELIPE MIGUEL LUCERO,
18 and DOES 1 THROUGH 10, Inclusive,
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Defendants.

Case No. 1:16-CV-00653-DAD-SAB
[Hon. Dale A. Drozd, District Judge;
Hon. Stanley A. Boone, Magistrate J.]
[FOR THE HON. MAGISTRATE]
STIPULATION AND JOINT
REQUEST OF THE PARTIES TO
RESET THE MANDATORY
SETTLEMENT CONFERENCE;
[PROPOSED] ORDER
State Action Filed:
Trial Date:

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03/23/2016
07/18/2017

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23 TO THE HONORABLE COURT:
24

By and through their counsel of record in this action, plaintiffs CHANNEL

25 CENTENO, HERIBERTA CENTENO, AND JOSE CENTENO ("Plaintiffs") and
26 defendants CITY OF FRESNO ("City") AND OFFICERS ZEBULON PRICE AND
27 FELIPE MIGUEL LUCERO (collectively herein after as “Defendants”) – the parties –
28 hereby stipulate for the purpose of jointly requesting that the honorable Court modify,
K:\BAM\To_Be_Signed\16cv653.stipo.Centeno.Settlement
Conf.docx

Case No. 1:16-CV-00653-DAD-SAB
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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

1 reset, and continue specific operative case management dates and deadlines,
2 specifically the mediation date, in this action along the following lines.
GOOD CAUSE STATEMENT.

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4

1.

On July 21, 2016, somewhat consistent with the schedule proposed by the

5 parties in their Joint Report per Fed. R. Civ. P. 26(f) [Dkt. Doc. 15], the Court set a
6 mandatory settlement conference before the Magistrate Judge for March 29, 2017
7 before the honorable Judge Stanley A. Boone.
8

2.

However, both the lead counsel (Ms. Mildred K. O’Linn) and the co-lead

9 counsel (Mr. Tony M. Sain) for defendants in the instant action were engaged in a Trial
10 on another matter (Cardenas v. City of Manhattan Beach, U.S. Dist. Ct., C.D. Cal. case
11 no. 2:15-CV-01469-PJW) that ran longer than anticipated. Specifically, the Cardenas
12 trial did not go to the jury until March 28, 2017, and the jury was still in deliberation on
13 March 29, 2017. Although the Cardenas jury rendered a defense verdict on March 29,
14 2017, the timing of their deliberations made compliance with the Court-set mandatory
15 scheduling conference impossible. Plaintiffs lack sufficient information or personal
16 knowledge to stipulate to the contentions of this paragraph; but plaintiffs do stipulate
17 that a Trial calendar conflict constitutes good cause for a continuance of a mandatory
18 settlement conference.
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3.

Due to the unexpected nature of the Cardenas Trial overrun, and due to a

20 miscommunication, it was not made clear to the Court until an email dated March 23,
21 2017 that defense counsel could no longer comply with the Court-set mediation.
22 Plaintiffs lack sufficient information or personal knowledge to stipulate to the
23 contentions of this paragraph; but plaintiffs do stipulate that a Trial calendar conflict
24 constitutes good cause for a continuance of a mandatory settlement conference.
25

4.

After a conference among counsel for all of the parties, and with the staff

26 of the honorable Court, the parties and the Court have determined that an alternative
27 settlement conference date of June 8, 2017 (before the Hon. Barbara A. McAuliffe) is
28 mutually agreeable to all.
K:\BAM\To_Be_Signed\16cv653.stipo.Centeno.Settlement
Conf.docx

Case No. 1:16-CV-00653-DAD-SAB
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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

1

5.

This Stipulation is the third request for any continuance in this action: the

2 parties have not yet sought any continuance of trial date in this action.
3

6.

Accordingly, in light of the foregoing, and in order to facilitate the

4 interests of all parties to this action, by and through their counsel of record in this
5 action, the parties hereby Stipulate that Good Cause exists – and the parties respectfully
6 request that the Court modify the operative case management scheduling order – to
7 continue the case management dates and deadlines in this action, as follows herein
8 below.
9

STIPULATION FOR CONTINUANCE AND MODIFICATION OF
SCHEDULING ORDER(S).

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7.

Accordingly, in light of the foregoing, the parties respectfully request that,

12 as to the following case management deadlines, the Court issue an ORDER vacating
13 the current deadlines and modifying the case management schedule as follows:
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Case Management Event:

Prior-Operative
Date-Deadline:
Last Day to File to Add Parties and February 28, 2017
Amend Pleadings
Non-Expert Discovery Cut-Off
February 28, 2017
(Non-Expert Discovery
Completion Due)
Expert Disclosures (Initial) –
February 28, 2017
Service Deadline
Rebuttal-Supplemental Expert
March 7, 2017
Disclosures – Service Due
Dispositive Motion/MSJ – Filing
March 28, 2017
Deadline (Last Day for Filing
Dispositive Motions)
Dispositive Motion/MSJ –Hearing April 25, 2017
Cut-Off (Last Day for Hearing
Dispositive Motions)
Discovery Motion Hearing Cut-Off May 5, 2017
(Last Day for Hearing Discovery
Motions)
Expert Discovery Cut-Off (Expert May 5, 2017
K:\BAM\To_Be_Signed\16cv653.stipo.Centeno.Settlement
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NEW Date-Deadline:
February 28, 2017
(no change)
February 28, 2017
(no change)
February 28, 2017
(no change)
March 7, 2017
(no change)
March 28, 2017
(no change)
April 25, 2017
(no change)
May 5, 2017
(no change)
May 5, 2017

Case No. 1:16-CV-00653-DAD-SAB
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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

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Case Management Event:

Prior-Operative
Date-Deadline:

Discovery Completion Due)

(no change)

Last Day to File Motions in Limine May 29, 2017

May 29, 2017
(no change)
May 29, 2017
(no change)

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NEW Date-Deadline:

Pre-Trial Documents Filing Due
[Pre-Trial Conference Order
(“PTCO”); Pre-Trial Exhibit
Stipulation; Summary of Witness
Testimony and Time Estimates
(Witness List); Status Report re:
Settlement; Agreed Upon Set of
Jury Instructions and Verdict
Forms; Joint Statement re:
Disputed Instructions, Verdict
Forms; Proposed Verdict Forms;
Real-Time Report for Court
Reporter]
Settlement Conference (With
Magistrate Judge)
Final Pre-Trial Conference
("PTC")

May 29, 2017

March 29, 2017, 9:30
a.m. (Ctrm 8)
June 12, 2017, 1:30
p.m. (Ctrm 2)

June 8, 2017, 9:30
a.m. (Ctrm 8)
June 12, 2017, 1:30
p.m. (Ctrm 2)
(no change)

Hearing on Motions in Limine and
Disputed Jury Instructions

To Be Determined By
Court Before or At
PTC
July 18, 2017, 1:00
p.m. (Ctrm 5)

To Be Determined By
Court Before or At
PTC (no change)
July 18, 2017, 1:00
p.m. (Ctrm 5)
(no change)

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TRIAL

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8.

Except as specified herein above, nothing in the parties’ Stipulation or any

associated Order shall modify, vacate, or rescind the Court’s operative Scheduling
Orders [e.g., Dkt. Doc. 17, 34, 38, 39].
///
///
///
K:\BAM\To_Be_Signed\16cv653.stipo.Centeno.Settlement
Conf.docx

Case No. 1:16-CV-00653-DAD-SAB
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STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

1

9.

This Stipulation may be signed in counterpart and a facsimile or electronic

2 signature shall be as valid as an original signature.
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IT IS SO STIPULATED.

4 DATED: April 11, 2017
5

MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP

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By:

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12 DATED: April 11, 2017
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/s/ Tony M. Sain
Mildred K. O'Linn, Esq.
Tony M. Sain, Esq.
Lynn L. Carpenter, Esq.
Attorneys for Defendants,
CITY OF FRESNO & OFFICERS
ZEBULON PRICE & FELIPE LUCERO

GUIZAR, HENDERSON & CARRAZCO,
L.L.P.; LAW OFFICES OF CRISTOBAL M.
GALINDO, P.C.

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By:

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/s/ Humberto Guizar
Humberto Guizar, Esq.
Kent M. Henderson, Esq.
Angel Carrazco, Jr., Esq.;
Cristobal M. Galindo, Esq.
Attorneys for Plaintiffs,
HERIBERTA CENTENO AND JOSE
CENTENO; CHANELL CENTENO

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K:\BAM\To_Be_Signed\16cv653.stipo.Centeno.Settlement
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Case No. 1:16-CV-00653-DAD-SAB
5
STIPULATION TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] ORDER

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CHANNEL CENTENO, HERIBERTA
12 CENTENO, JOSE CENTENO,
individually,,
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Plaintiffs,
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v.
15
CITY OF FRESNO, ZEBULON
16 PRICE, FELIPE MIGUEL LUCERO,
and DOES 1 THROUGH 10, Inclusive,
17
Defendants.
18

Case No. 1:16-CV-00653-DAD-SAB
[Hon. Dale A. Drozd, District Judge;
Hon. Stanley A. Boone, Magistrate J.]
[PROPOSED] ORDER FOR
CONTINUANCE OF THE
MANDATORY SETTLEMENT
CONFERENCE
State Action Filed:
Trial Date:

03/23/2016
07/18/2017

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20

PURSUANT TO THE STIPULATION OF THE PARTIES, and pursuant to the

21 Court’s inherent and statutory authority, including but not limited to the Court’s
22 authority under the applicable Federal Rules of Civil Procedure and the United States
23 District Court, Eastern District of California Local Rules; after due consideration of all
24 of the relevant pleadings, papers, and records in this action; and upon such other
25 evidence or argument as was presented to the Court; Good Cause appearing therefor,
26 and in furtherance of the interests of justice,
27
28 ///

IT IS HEREBY ORDERED that:

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1.

The Court hereby Orders that the Court’s scheduling orders [Dkt. Doc. 17,

2 34] are hereby further modified, continued, and reset to the following case
3 management schedule:
4

NEW Date-Deadline:

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Prior-Operative
Date-Deadline:
Last Day to File to Add Parties and February 28, 2017
Amend Pleadings
Non-Expert Discovery Cut-Off
February 28, 2017
(Non-Expert Discovery
Completion Due)
Expert Disclosures (Initial) –
February 28, 2017
Service Deadline
Rebuttal-Supplemental Expert
March 7, 2017
Disclosures – Service Due
Dispositive Motion/MSJ – Filing
March 28, 2017
Deadline (Last Day for Filing
Dispositive Motions)
Dispositive Motion/MSJ –Hearing April 25, 2017
Cut-Off (Last Day for Hearing
Dispositive Motions)
Discovery Motion Hearing Cut-Off May 5, 2017
(Last Day for Hearing Discovery
Motions)
Expert Discovery Cut-Off (Expert May 5, 2017
Discovery Completion Due)

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Last Day to File Motions in Limine May 29, 2017

May 29, 2017
(no change)
May 29, 2017
(no change)

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Case Management Event:

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Pre-Trial Documents Filing Due

May 29, 2017

[Pre-Trial Conference Order (“PTCO”);
Pre-Trial Exhibit Stipulation; Summary
of Witness Testimony and Time
Estimates (Witness List); Status Report
re: Settlement; Agreed Upon Set of Jury
Instructions and Verdict Forms; Joint
Statement re: Disputed Instructions,
Verdict Forms; Proposed Verdict Forms;
Real-Time Report for Court Reporter]

Settlement Conference (With
Magistrate Judge)

March 29, 2017, 9:30
a.m. (Ctrm 8)

February 28, 2017
(no change)
February 28, 2017
(no change)
February 28, 2017
(no change)
March 7, 2017
(no change)
March 28, 2017
(no change)
April 25, 2017
(no change)
May 5, 2017
(no change)
May 5, 2017
(no change)

June 8, 2017, 9:30
a.m. (Ctrm 8)

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Case Management Event:
Final Pre-Trial Conference
("PTC")
TRIAL

Prior-Operative
Date-Deadline:
June 12, 2017, 1:30
p.m. (Ctrm 2)
July 18, 2017, 1:00
p.m. (Ctrm 5)

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2.

NEW Date-Deadline:
June 12, 2017, 1:30
p.m. (Ctrm 2)
(no change)
July 18, 2017, 1:00
p.m. (Ctrm 5)
(no change)

Except as specified herein above, all other dates and deadlines operative as

of the Court’s scheduling Orders [e.g., Dkt. Doc. 17, 34, 38, 39] 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.

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IT IS SO ORDERED THAT the Settlement Conference is continued from
March 29, 2017 to June 8, 2017 at 9:30AM before Judge McAuliffe.

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IT IS SO ORDERED.

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Dated:

April 13, 2017

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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