Gomez v. City of Farmersville, et al.

Filing 20

STIPULATION and ORDER to MODIFY SCHEDULING ORDER. Non-Expert Discovery Deadline: 2/1/2018. Expert Disclosures: 2/8/2018. Rebuttal Expert Disclosures: 2/22/2018. Expert Discovery Deadline: 3/9/2018. Non-Dispositive Motion Fil ing Deadline: 3/23/2018. Non-Dispositive Motion Hearing Deadline: 4/25/2018. Dispositive Motion Filing Deadline: 4/27/2018. Dispositive Motion Hearing Deadline: 6/11/2018 at 1:30 p.m. Pretrial Conference set for 8/8/2018, at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 10/9/2018, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 9/29/2017. (Timken, A)

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WAGNER, JONES, KOPFMAN
& ARTENIAN LLP
Nicholas J.P. Wagner #109455
Andrew B. Jones #076915
Laura E. Brown #306035
1111 E. Herndon Ave., Suite 317
Fresno, California 93720
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff BERNARDINA GOMEZ individually and as successor-in-interest
to Esteven Andrade Gomez (deceased)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNARDINA GOMEZ individually and as
successor-in-interest to Esteven Andrade
Gomez, deceased,

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Plaintiff,

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v.

Case No.: 1:16-cv-01252-AWI-SKO
STIPULATION
AND
ORDER
MODIFY SCHEDULING ORDER

TO

(Doc. 19)

CITY OF FARMERSVILLE;
FARMERSVILLE POLICE DEPARTMENT;
and DOES 1-50, inclusive,

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Defendants.

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Plaintiff BERNARDINA GOMEZ, individually and as successor-in-interest to Esteven

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Andrade Gomez, deceased, and Defendants CITY OF FARMERSVILLE and FARMERSVILLE

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POLICE DEPARTMENT, by and through their respective counsel, hereby stipulate:

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1.

This case was filed in the U.S. District Court, Eastern Division - Fresno, on

August 24, 2016 based on the death of Plaintiff BERNADINA GOMEZ’s son while in custody

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of the Farmersville Police Department following arrest; and

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///

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///
STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER
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2.

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WHEREAS the parties have in good faith engaged in discovery to date, including

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the exchange of written discovery such as interrogatories, requests for admissions, and requests

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for production.

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3.

WHEREAS the parties are working to confirm the dates of depositions, a site

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inspection, and the filing of a protective order regarding certain categories of sensitive
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information;
4.

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WHEREAS the parties wish to depose certain witnesses (including Officer

JESSIE MCBRIDE, Officer HETTICK, and Ms. GOMEZ) beginning in October 2017;

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5.

WHEREAS the parties are coordinating an appropriate date and time for Ms.

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GOMEZ’s intended site inspection of the location where her son died while in the care, custody,

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and control of the FARMERSVILLE POLICE DEPARTMENT. Because the location to be

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inspected is an active police station seeing daily use, both sides are cooperating to perform the

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inspection in a manner that reduces any disruption to the department’s daily activities;

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6.

WHEREAS the parties have agreed to the production and use of records that are

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relevant and contained in Officers MCBRIDE and HETTICK’s personnel file, i.e. personnel

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records. This disclosure will be pursuant to a signed stipulated protective order. That stipulation

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has been drafted but not finalized, and the parties anticipate filing it along with a requested

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protective order shortly; and

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7.

WHEREAS the non-expert discovery deadline is currently set for October 10,

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2017, with further deadlines following therefrom.
8.

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AND WHEREAS the parties agree to a resetting of the pretrial conference and

trial in this matter to a date that is convenient to the Court.
//

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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER
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THEREFORE the parties find and agree that the discovery efforts outlined above cannot

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be completed by the upcoming October 10, 2017 deadline, and accordingly stipulate and request

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that the Court’s Scheduling Order of December 21, 2016 be modified as follows:

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Item:

Current Deadline:

Proposed Deadline:

Non-Expert Discovery:

October 10, 2017

February 1, 2018

Expert Disclosures:

October 16, 2017

February 8, 2018

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Rebuttal Expert Disclosures:

November 6, 2017

February 22, 2018

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Expert Discovery:

December 22, 2017

March 9, 2018

Non-Dispositive Motions:

January 3, 2018

March 23, 2018

Non-Dispositive Hearing:

January 31, 2018

April 20, 2018

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Dispositive Motions:

February 5, 2018

April 27, 2018

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Dispositive Hearing:

March 19, 2018

June 8, 2018

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***

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Respectfully submitted,

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Dated: Sept. 28, 2017

WAGNER, JONES, KOPFMAN
& ARTENIAN LLP

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/s/ Laura E. Brown
Laura E. Brown
Attorneys for Plaintiff BERNADINA GOMEZ

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Dated: Sept. 28, 2017

FERGUSON, PRAET & SHERMAN, APC
/s/ G. Craig Smith
G. Craig Smith
Attorneys for Defendants

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***
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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER
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ORDER
Based on the parties’ above stipulation (Doc. 19), and for good cause shown, the

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Scheduling Order (Doc. 12) is hereby MODIFIED as follows:

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EVENT

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CURRENT DATE

NEW DATE

Non-expert discovery deadline

October 10, 2017

February 1, 2018

Expert disclosures

October 16, 2017

February 8, 2018

Rebuttal expert disclosures

November 6, 2017

February 22, 2018

Expert discovery deadline
Non-dispositive motion filing
deadline
Non-dispositive motion hearing
deadline

December 22, 2017

March 9, 2018

January 3, 2018

March 23, 2018

January 31, 2018

April 25, 20181

February 5, 2018

April 27, 2018

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Dispositive motion filing deadline
Dispositive motion hearing
deadline

March 19, 2018

June 11, 2018, at 1:30 p.m.2

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Pretrial Conference

May 16, 2018

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Trial

July 10, 2018

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August 8, 2018, at 10:00 a.m.
October 9, 2018, at 8:30 a.m.3

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IT IS SO ORDERED.

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Dated:

September 29, 2017

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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The parties requested Friday, April 20, 2018, as the hearing date for non-dispositive motions, but since Magistrate
Judge Oberto’s law and motion calendar is set on Wednesdays, the date has been continued to the following
Wednesday.
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The parties requested Friday, June 8, 2018, as the hearing date for dispositive motions, but since Judge Ishii’s law
and motion calendar is set on Mondays, the date has been continued to the following Monday.
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To permit the parties sufficient time to prepare their pretrial submissions and to prepare for trial, the pretrial
conference and trial dates have been continued.
STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER
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