Ashely v. Youngblood et al

Filing 76

STIPULATION and ORDER 75 Amending Case Schedule, signed by Magistrate Judge Jennifer L. Thurston on 11/14/2018. Notice and Consent Forms mailed by 11/30/2018; opt-in Consent Forms due by 2/28/2019. Discovery Deadlines: Non-Expert 11/8/2019; Exper t 1/6/2020. Mid-Discovery Status Conference set for 6/3/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 1/17/2020; Hearing by 2/18/2020. Dispositive Motion De adlines: Filed by 2/25/2020; Hearing by 4/6/2020. Pretrial Conference continued to 5/19/2020 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial continued to 8/24/2020 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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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
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,

STIPULATION AMENDING
SCHEDULING ORDER AND REVISING
NOTICE AND CONSENT FORMS;
[PROPOSED] ORDER
(Doc. 75)

Plaintiff,

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v.

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CASE NO. 1:16-cv-01638 JLT

SHERIFF DONNY YOUNGBLOOD, et al.
Defendants.

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The parties to the above-captioned action, by and through their attorneys of record, hereby

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enter into the below stipulation with regard to the following facts and circumstances:
WHEREAS, the Court has granted several prior stipulations amending the Scheduling

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Order in this matter due to the declining health of Attorney Gregory Petersen;

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Stipulation Amending Schedule Order; [Proposed]
Order

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

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WHEREAS, the Court most recently amended the Scheduling Order on June 20, 2018, and

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identified that the deadline for mailing Notices as July 2, 2018 and the deadline for potential class

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members to opt-in as September 12, 2018;

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WHEREAS, shortly after the Court issued its June 20, 2018 Order, Attorney Gregory
Petersen was hospitalized and incapacitated.
WHEREAS, Katherine J. Odenbreit, appeared as an attorney for Plaintiff in this matter on
July 12, 2018 to assist Attorney Gregory Petersen while he was incapacitated;

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WHEREAS, Attorney Gregory Petersen passed away on July 18, 2018;

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WHEREAS, Attorney Katherine Odenbreit is in the process of transferring case files from

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Attorney Gregory Petersen former office and will be representing Plaintiff in this matter as lead

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trial counsel;

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WHEREAS, due to Attorney Gregory Petersen’s declining health and unexpected passing,
the parties have been unable to comply with the Court’s June 20, 2018 Order;

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WHEREAS, the change in Plaintiff’s counsel and the delay in mailing class notices require

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a modification to the Notice and Consent Forms to reflect new counsel, as well as new mailing and

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opt-in dates;

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

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Order and Notice/Consent Forms due to the unfortunate passing of Attorney Petersen and the recent

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appearance of Attorney Odenbreit;

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IT IS STIPULATED THAT:

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Notice of Potential Opt-in Plaintiffs: The parties shall send revised Notice and Consent

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Forms attached hereto as EXHIBIT 1. The parties shall mail the Notice and Consent Forms to

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potential class members no later than November 30, 2018. Any individuals seeking to opt-in to the

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action must complete and file the Consent Form no later than February 28, 2019.

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If desired by the Court, a Mid-Discovery Status Conference shall be scheduled for June 4,
2019 at 8:30 a.m., or to a later date the Court deems appropriate and convenient.

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The parties’ deadline to complete all discovery shall be continued from May 2, 2019 to

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November 8, 2019, or to a later date the Court deems appropriate and convenient. The parties’
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Stipulation Amending Schedule Order; [Proposed]
Order

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

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deadline to disclose all expert witnesses, in writing, shall be continued from May 16, 2019 to

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November 23, 2019, or to a later date the Court deems appropriate and convenient. The parties’

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deadline to disclose all expert rebuttal witnesses, in writing, shall be continued from October 5,

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2018 to December 14, 2019. The parties’ deadline to complete all discovery pertaining to experts

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shall be continued from June 28, 2019 to January 6, 2020, or to a later date the Court deems

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appropriate and convenient.

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The deadline to file non-dispositive motions and have them heard shall be continued from

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July 11, 2019 (filing) and August 9, 2019 (hearing) to January 17, 2020 (filing) and February 18,

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2020 (hearing), or to a later date the Court deems appropriate and convenient.

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The deadline to file dispositive motions and class certification shall be continued from

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August 9, 2019 to February 25, 2020, or to a later date the Court deems appropriate and convenient.

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The deadline for hearing on dispositive motions and class certification shall be continued from

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September 30, 2019 to April 7, 2020, or to a later date the Court deems appropriate and convenient.

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The Pre-Trial Conference shall be continued from November 13, 2019 at 10:00 a.m., to

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May 19, 2020 at 10:00 a.m., or to a later date the Court deems appropriate and convenient. Trial

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shall be continued from January 30, 2020 at 8:30 a.m. to August 24, 2020 at 8:30 a.m., or to a later

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date the Court deems appropriate and convenient.

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IT IS SO STIPULATED.
Dated: November 9, 2018

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By: s/ Katherine J. Odenbreit (as authorized on 11.09.18)
KATHERINE J. ODENBREIT

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Attorneys for Plaintiff
DARREN WONDERLY

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MAHONEY LAW GROUP, APC

Dated: November 12, 2018

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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 Schedule Order; [Proposed]
Order

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

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ORDER

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Good cause appearing, the Court ORDERS:

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1.

The revised Notice and Consent Forms is APPROVED. The parties SHALL mail

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the Notice and Consent Form to potential class members no later than November 30, 2018. Any

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individuals seeking to opt-in to the action must complete and file the Consent Form no later than

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February 28, 2019;

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2.

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a.

All non-expert discovery SHALL be completed no later than November 8,

b.

The parties’ SHALL disclose all expert witnesses, no later than November

2019;

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The Court amends the case schedule as follows:

23, 2019 and any rebuttal witnesses no later than December 14, 2019;

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c.

All expert discovery SHALL be completed no later than January 6, 2020;

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d.

A Mid-Discovery Status Conference is set on June 3, 2019 at 8:30 a.m.

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e.

Non-dispositive motions SHALL be filed no later than January 17, 2010 and

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heard no later than February 18, 2020;

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f.

Dispositive motions and class certification SHALL be filed no later than

February 25, 2020 and heard no later than April 6, 2020;

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g.

The pretrial conference is continued to May 19, 2020 at 10:00 a.m.;

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h.

The trial is continued to August 24, 2020 at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

November 14, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation Amending Schedule Order; [Proposed]
Order

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