Fajardo v. City of Bakersfield et al

Filing 53

STIPULATION and ORDER TO MODIFY THE SCHEDULING ORDER. IT IS HEREBY STIPULATED by and between the Parties hereto through their respective attorneys of record that the following be continued as follows: Expert Discovery Cutoff: April 6, 2020; Joint Pre Trial Statement due by May 11, 2020. Pretrial Conference currently set for 12/30/2019 is CONTINUED to 5/18/2020 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial currently set for 2/10/2020 is CONTINUED to 6/29/2020 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Order signed by Magistrate Judge Jennifer L. Thurston on 12/23/2019. (Apodaca, P)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN & COHEN
1260 Fulton Street
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for: Defendants CITY OF BAKERSFIELD, JUAN OROZCO, and LINDY DEGEARE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GILBERTO FAJARDO,

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Plaintiff,
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vs.
CITY OF BAKERSFIELD; JUAN
OROZCO; LINDY DEGEARE; and
DOES 1 THROUGH 10, inclusive,

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Defendants.

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Case No. 1:16-CV-00699-JLT
STIPULATION TO MODIFY THE
SCHEDULING ORDER [DKT. NO. 36];
[PROPOSED] ORDER THEREON

RECITALS

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1.

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

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2.

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

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[Dkt. No. 39] to extend the time for expert disclosures and expert discovery cutoff and the Court issued an

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Order granting same on May 17, 2019 [Dkt. No. 40].

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3.

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

Order [Dkt. No. 46] to extend the time for disclosure of expert witnesses and expert witness discovery due

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to the number of expert witnesses in this catastrophic injury case. The Court issued an Order granting same

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on August 22, 2019 [Dkt. No. 47].

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4.

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

Order [Dkt. No. 48] to extend the time for disclosure of expert witnesses and expert witness discovery again
due to the number of expert witnesses in this catastrophic injury case who are dependent on one another in
terms of their analysis and given the volume of materials and complicated facts of the case. The Court
issued an Order granting same on September 17, 2019 [Dkt. No. 49].

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5.
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WHEREAS, the Parties have exchanged their initial and rebuttal expert disclosures.

Plaintiff has designated a total of seven (7) expert witnesses. Defendants have designated a total of nine (9)
expert witnesses. The Parties have yet not been able to depose any of these expert witnesses due to the
holidays, calendar conflicts, depositions, and trials.
6.

Counsel for both Plaintiff and Defendants have significantly congested trial calendars and as

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such, the Parties have agreed to continue the trial date of February 10, 2020 to June 29, 2020 in order to

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accommodate the sixteen (16) expert depositions that need to be taken in this matter. The June 29, 2020

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trial date was confirmed with Clerk Susan Hall as being available on the Court’s calendar.
STIPULATION

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IT IS HEREBY STIPULATED by and between the Parties hereto through their respective
attorneys of record that the following be continued as follows:

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Deadline

Current Date

Requested Date

Expert Discovery Cutoff

November 18, 2019

April 6, 2020

Joint Pre Trial Statement

December 23, 2019

May 11, 2020

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Pre Trial Conference

December 30, 2019

May 18, 2020

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Trial

February 10, 2020

June 29, 2020

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Dated: December 23, 2019

MARDEROSIAN & COHEN

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/s/ Michael G. Marderosian

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By:______________________________
Michael G. Marderosian,
Attorneys for Defendants

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Dated: December 23, 2019

LAW OFFICES OF DALE K. GALIPO

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/s/ Dale K. Galipo

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By:______________________________
Dale K. Galipo,
Attorneys for Plaintiff

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Dated: December 23, 2019

CHAIN COHN STILES

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/s/ David K. Cohn

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By:______________________________
David K. Cohn,
Attorneys for Plaintiff

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ORDER

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Pursuant to the Stipulation of the parties and good cause appearing therefor, IT IS HEREBY

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ORDERED that the Scheduling Order be modified as follows:

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Deadline

Current Date

Requested Date

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Expert Discovery Cutoff

November 18, 2019

April 6, 2020

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Joint Pre Trial Statement

December 23, 2019

May 11, 2020

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Pre Trial Conference

December 30, 2019

May 18, 2020

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Trial

February 10, 2020

June 29, 20201

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IT IS SO ORDERED.
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Dated:

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December 23, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Counsel are advised that, though the Court can accommodate their request for the June 29 trial date, due to the
Independence Day Holiday, the Court is open only Monday through Thursday during the week of June 29. Due to other
Court obligations, the week of July 6, 2020, the Court is available only on Monday and Friday, though the jury may
deliberate on Tuesday, July 7, if necessary.

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