Beavers v. City of Turlock, et al.

Filing 23

STIPULATION re: Limited Extension Fact Discovery Deadline; ORDER: 1. The current fact discovery deadline be extended from February 16, 2018 to April 2, 2018 for the following: the deposition of Plaintiff, the deposition of Plaintiff's wife, Bren da Beavers, the deposition of witness Sanjay Prasad, and the deposition of any of Plaintiff's treating physicians, if those depositions go forward; 2. The February 16, 2018 deadline remains for all other fact discovery; 3. This extension of time to complete fact discovery does not alter the date of any event or deadline already fixed by the Courts scheduling order. (Doc. 13). signed by Magistrate Judge Barbara A. McAuliffe on 2/9/2018. (Herman, H)

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DALE L. ALLEN, JR., State Bar No. 145279
[e-mail]
KEVIN P. ALLEN, State Bar No. 252290
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
CITY OF TURLOCK; GREGORY W. ROTON; DUSTIN
M. FERREIRA; GABRIEL GONZALEZ; and PAUL
INDERBITZEN

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UNITED STATES DISTRICT COURT

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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EASTERN DISTRICT OF CALIFORNIA

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RANDY BEAVERS,
Plaintiff,

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Case No.: 1:16-cv-01878-LJO-BAM
STIPULATION RE: LIMITED EXTENSION
FACT DISCOVERY DEADLINE; ORDER

v.
CITY OF TURLOCK, a municipal
corporation, Turlock Police Department
Officers GREGORY W. ROTON,
Individually, DUSTIN M. FERREIRA,
Individually, GABRIEL GONZALEZ,
Individually, PAUL INDERBITZEN,
Individually, and DOES 1 THROUGH 50,
Jointly and Severally,

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Defendants.

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TO THE CLERK OF THE COURT, ALL PARTIES, AND THEIR ATTORNEYS
OF RECORD:

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Plaintiff RANDY BEAVERS (“Plaintiff”) and Defendants CITY OF TURLOCK;

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GREGORY W. ROTON; DUSTIN M. FERREIRA; GABRIEL GONZALEZ; and PAUL

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INDERBITZEN (“Defendants”) hereby respectfully request a limited continuation of the fact

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discovery deadline in this Case. All other case deadlines would remain the same.

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218228.1

STIP-FACT DISC
1:16-CV-01878-LJO-BAM

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The fact discovery deadline has never been extended. Good cause exists for this
stipulation.
The current fact discovery deadline is February 16, 2018. Remaining depositions are

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Plaintiff and his wife, Brenda Beavers, and possibly another witness as well as Plaintiff’s treating

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physicians.

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Plaintiff responded to served written discovery on September 18, 2017. Those responses,

possess; will produce the document; or will meet-and-confer. No documents were included with

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the responses; Plaintiff proceeded in this fashion with the idea that it would be more efficient

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

including Requests for Production of Documents, generally included one of three answers: do not

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ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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because Defendants elected to issue subpoenas for some of the same documents that had been

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requested, and the parties were simultaneously negotiating acceptable language for the scope of

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the subpoenas. Plaintiff anticipated that the subpoenas would yield complete sets of the

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documents.

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Between September 18th and February 1st, the parties met-and-conferred about the

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responses. With good-faith efforts by all sides, the issue is nearly resolved. Plaintiff’s current

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estimated date of production is February 9, 2018.

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The deposition of Plaintiff and his wife had been scheduled for February 13, 2018. Both

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have been taken off-calendar due to the delayed document production. Defendants need sufficient

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time to review the documents beforehand, and Plaintiff understands this, has no objection to this,

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and has met-and-conferred with defense counsel to ensure arrangements are made so that counsel

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has sufficient time to review documents.

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The parties also wish to hold-off on deposing Plaintiff’s treating physicians while they
explore the possibility of case resolution.
Based on the foregoing circumstances, by and through their respective counsel of record,

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the parties hereby stipulate and respectfully request that the Scheduling Order in this action be

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amended, as follows:

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1.

The current fact discovery deadline be extended from February 16, 2018 to April

2, 2018 for the following: the deposition of Plaintiff, the deposition of Plaintiff’s wife, Brenda
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218228.1

STIP-FACT DISC
1:16-CV-01878-LJO-BAM

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Beavers, the deposition of witness Sanjay Prasad, and the deposition of any of Plaintiff’s treating

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physicians, if those depositions go forward.

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2.

The February 16, 2018 deadline remains for all other fact discovery.

3.
All other case deadlines specified in Docket No. 13 remain unchanged.
Dated: February 8, 2018
LAW OFFICES OF SANJAY S. SCHMIDT AND
LAW OFFICES OF PANOS LAGOS

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By:

/s/ Sanjay Schmidt
SANJAY SCHMIDT
PANOS LAGOS
Attorneys for Plaintiff
RANDY BEAVERS
Respectfully submitted,

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Dated: February 8, 2018

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ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP
By:

/s/ Kevin P. Allen
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF TURLOCK; GREGORY W.
ROTON; DUSTIN M. FERREIRA; GABRIEL
GONZALEZ; and PAUL INDERBITZEN

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STIP-FACT DISC
1:16-CV-01878-LJO-BAM

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218228.1

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ORDER
Upon reviewing the Stipulation, and for good cause being shown, IT IS HEREBY
ORDERED as follows:
1.

The current fact discovery deadline be extended from February 16, 2018 to April

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2, 2018 for the following: the deposition of Plaintiff, the deposition of Plaintiff’s wife, Brenda

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Beavers, the deposition of witness Sanjay Prasad, and the deposition of any of Plaintiff’s treating

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physicians, if those depositions go forward;
2.

The February 16, 2018 deadline remains for all other fact discovery;

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3.

This extension of time to complete fact discovery does not alter the date of any

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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event or deadline already fixed by the Court’s scheduling order. (Doc. 13).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 9, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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218228.1

STIP-FACT DISC
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