Ashely v. Youngblood et al

Filing 102

ORDER GRANTING 101 Stipulation to Amend Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 2/4/2021. (Hall, S)

Case 1:16-cv-01638-JLT Document 102 Filed 02/05/21 Page 1 of 4
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MAHONEY LAW GROUP, APC
KEVIN MAHONEY (SBN 235367)
KATHERINE J. ODENBREIT (SBN 184619)
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
MARK ASHELY

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JACKSON LEWIS P.C.
NATHAN W. AUSTIN (SBN 219672)
EVAN D. BEECHER (SBN 280364)
400 Capitol Mall, Suite 1600
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
SHERIFF DONNY YOUNGBLOOD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK ASHELY, INDIVIDUALLY AND ON
BEHALF OF THOSE SIMILARLY
SITUATED,

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STIPULATION AMENDING
SCHEDULING ORDER; [PROPOSED]
ORDER
(Doc. 101)

Plaintiff,

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CASE NO. 1:16-cv-01638-JLT

vs.
SHERIFF DONNY YOUNGBLOOD AND
DOES 1 through 50,

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Defendants.

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Stipulation Amending Scheduling Order; [Proposed]
Order

Mark Ashely, et al. vs. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-JLT

Case 1:16-cv-01638-JLT Document 102 Filed 02/05/21 Page 2 of 4
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The parties to the above-captioned action, by and through their attorneys of record, hereby
enter into the below stipulation with regard to the following facts and circumstances:

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WHEREAS, the parties have advanced this case after Consent Forms were filed in late

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February 2019 by the opt-in class members, including exchanging multiple sets of written

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discovery, exchanging thousands of pages of documents and data, and interviewing witnesses and

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class members;

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WHEREAS, the parties participated in an unsuccessful mediation with respected class
action mediator Steven Pearl scheduled on August 20, 2020;

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WHEREAS, the parties have continued exchanging information and discussing settlement
following mediation;

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WHEREAS, the parties have engaged experts and are about to begin expert discovery;

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WHEREAS, the parties desire to delay incurring additional substantial expert costs

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associated with expert discovery for a two-week period so they can focus on settlement

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discussions;

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WHEREAS, the parties believe good cause exists to further amend the Court’s Scheduling

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Order to permit the parties time to discuss settlement without incurring additional costs that may

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inhibit settlement;

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WHEREAS, the parties request the opportunity to address the Court on these issues
should the Court not be inclined to not grant the requested extension.

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IT IS STIPULATED THAT:

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1.

The parties’ deadline to disclose all expert rebuttal witnesses, in writing, shall be

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continued from February 4, 2021 to February 18, 2021, or to a later date the Court deems

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appropriate and convenient. The parties’ deadline to complete all discovery pertaining to experts

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shall be continued from March 25, 2021 to April 8, 2021, or to a later date the Court deems

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appropriate and convenient.

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Stipulation Amending Scheduling Order; [Proposed]
Order

Mark Ashely, et al. vs. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-JLT

Case 1:16-cv-01638-JLT Document 102 Filed 02/05/21 Page 3 of 4
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IT IS SO STIPULATED.
Dated: February 4, 2021

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By: /s/ Katherine J. Odenbreit (as authorized on 02.04.21 )
KEVIN MAHONEY
KATHERINE J. ODENBREIT

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Attorneys for Plaintiff
DARREN WONDERLY

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MAHONEY LAW GROUP, APC

Dated: February 4, 2021

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JACKSON LEWIS P.C.
By: /s/ Nathan W. Austin
NATHAN W. AUSTIN
EVAN D. BEECHER

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Attorneys for Defendant
SHERIFF DONNY YOUNGBLOOD

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Stipulation Amending Scheduling Order; [Proposed]
Order

Mark Ashely, et al. vs. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-JLT

Case 1:16-cv-01638-JLT Document 102 Filed 02/05/21 Page 4 of 4
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ORDER
The Court, having considered the foregoing stipulation of the parties and good cause
appearing, the Court ORDERS the case schedule amended as follows:
1.

The parties’ deadline to disclose all expert rebuttal witnesses, in writing, shall be

continued from February 4, 2021 to February 18, 2021;
2.

The parties’ deadline to complete all discovery pertaining to experts shall be

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continued from March 25, 2021 to April 8, 2021.

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No other case deadline is amended.

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IT IS SO ORDERED.
Dated:

February 4, 2021

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation Amending Scheduling Order; [Proposed]
Order

Mark Ashely, et al. vs. Sheriff Donny Youngblood, et al.
Case No. 1:16-cv-01638-JLT