Fajardo v. City of Bakersfield et al

Filing 49

STIPULATION and ORDER 48 Granted in Part to Modify the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 9/17/2019. Expert Discovery to be completed by 11/18/2019. Pretrial Conference CONTINUED to 12/30/2019 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

1 CHAIN | COHN | STILES
David K. Cohn, Esq. (SBN 68768)
2 1731 Chester Avenue
Bakersfield, CA 93301
3 E-Mail: [e-mail]
4 Telephone: [phone]
Facsimile: [phone]
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LAW OFFICES OF DALE K. GALIPO
6 Dale K. Galipo, Esq. (SBN 144074)
21800 Burbank Boulevard, Suite 310
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Woodland Hills, CA 91367
8 E-Mail: [e-mail]
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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15 GILBERTO FAJARDO,

CASE NO. 1:16-CV-00699-JLT

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STIPULATION TO MODIFY THE
SCHEDULING ORDER (DKT. NO. 36];
[PROPOSED] ORDER THEREON
[DOC. 36]

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Plaintiff,
v.

18 CITY OF BAKERSFIELD; JUAN
OROZCO; LINDY DEGEARE; and DOES
19 1 THROUGH 10, inclusive,
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Defendants.
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RECITALS

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1.

WHEREAS, on May 30, 2018 this Court issued its Scheduling Order [Dkt. No. 36].

2.

WHEREAS, on May 16, 2019, the Parties filed a Stipulation to Modify the

Scheduling Order [Dkt. No. 39] to extend the time for expert disclosures and expert discovery
cutoff and the Court issued an Order granting same on May 17, 2019 [Dkt. No. 40].

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CHAIN | COHN | STILES
1731 CHESTER AVENUE
BAKERSFIELD, CA 93301
[phone]

-1STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER THEREON

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3.

WHEREAS, on August 21, 2019, the Parties filed a Stipulation to Modify the

2 Scheduling Order [Dkt. No. 46] to extend the time for expert disclosures and expert discovery
3 cutoff and the Court issued an Order granting same on August 22, 2019 [Dkt. No. 47].
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4.

WHEREAS, due to the number of expert witnesses in this catastrophic injury case

5 who are dependent on one another in terms of their analysis and given the volume of materials and
6 complicated facts of the case, the Parties require additional time to prepare their expert disclosures
7 and conduct expert discovery and request that the deadlines be extended by two weeks as set forth
8 in the below Stipulation.
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5.

WHEREAS, the requested extension on the hearing on dispositive motions is a date

10 after the currently scheduled Pretrial Conference date of December 16, 2019. Therefore, the
11 Parties request that the Pretrial Conference date of December 16, 2019, be continued to January 6,
12 2020.
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6.

WHEREAS, the requested extension will not affect the Trial date of February 10,

14 2019.
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STIPULATION
IT IS HEREBY STIPULATED by and between the Parties hereto through their

17 respective attorneys of record that the following deadlines be continued as follows:
18 Deadline

Current Date

Requested Date

19 Non-Dispositive Motions

September 17, 2019

October 1, 2019

20 Expert Disclosures

September 18, 2019

October 2, 2019

21 Hearing on Non-Dispositive Motions

October 15, 2019

October 29, 2019

22 Rebuttal Expert Disclosures

October 21, 2019

November 4, 2019

23 Dispositive Motions

October 28, 2019

November 11, 2019

24 Expert Discovery Cutoff

November 4, 2019

November 18, 2019

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26 ///
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CHAIN | COHN | STILES
1731 CHESTER AVENUE
BAKERSFIELD, CA 93301
[phone]

-2STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER THEREON

1 Hearing on Dispositive Motions

December 13, 2019

December 27, 2019

2 Pretrial

December 16, 2019

January 6, 2020

3 DATED: September 16, 2019

LAW OFFICES OF DALE K. GALIPO

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/s/ Dale K. Galipo
BY: ________________________________
DALE K. GALIPO
Attorney for Plaintiff

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DATED: September 16, 2019

CHAIN | COHN | STILES

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/s/ David K. Cohn
BY: ________________________________
DAVID K. COHN
Attorney for Plaintiff

11 DATED: September 16, 2019

MARDEROSIAN & COHEN

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/s/ Michael G. Marderosian
BY: ________________________________
MICHAEL G. MARDEROSIAN
Attorney for Defendants

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ORDER
The Court GRANTS in PART the stipulation to amend the case schedule. The Court

18 notes there is no showing to explain the need to extend the non-dispositive motion deadlines. Also,
19 counsel have provided insufficient time for the filing of and decision on dispositive motions and
20 have not demonstrated that they believe that expert testimony is needed for dispositive motions.
21 Finally, the Court is unavailable on January 6, 2020. Thus, the Court ORDERS the case schedule
22 to be amended as follows:
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1.

The parties SHALL disclose experts no later than October 2, 2019 and any

24 rebuttal experts no later than November 4, 2019;
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2.

All discovery of experts SHALL be completed no later than November 18, 2019;

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3.

The pretrial conference is CONTINUED to December 30, 2019 at 9:00 a.m.

4.

In all other respects, the stipulation to amend the case schedule is DENIED.

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CHAIN | COHN | STILES
1731 CHESTER AVENUE
BAKERSFIELD, CA 93301
[phone]

-3STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER THEREON

1 Counsel are advised that the Court will not entertain any further requests to amend the case
2 schedule absent a showing of extraordinary good cause which does not include any difficulty
3 scheduling or timely completing discovery or filing motions.
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IT IS SO ORDERED.
Dated:

September 17, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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CHAIN | COHN | STILES
1731 CHESTER AVENUE
BAKERSFIELD, CA 93301
[phone]

-4STIPULATION TO MODIFY THE SCHEDULING ORDER; ORDER THEREON

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CHAIN | COHN | STILES
1731 CHESTER AVENUE
BAKERSFIELD, CA 93301
[phone]