Beavers v. City of Turlock, et al.

Filing 26

STIPULATION and ORDER Denying Continuance in Part, signed by Magistrate Judge Barbara A. McAuliffe on 4/10/2018. The parties' Stipulation and Proposed Order to continue the expert discovery, pretrial, and trial deadlines is DENIED IN PART. (Doc. 25 ). Nonetheless, in the interests of judicial economy, the Court will grant the parties some relief from the scheduling order as follows: (1) The Expert Disclosure deadline is CONTINUED to June 5, 2018; (2) The Rebuttal Expert Disclosure deadline is CONTINUED to June 26, 2018; (3) The Expert Discovery deadline is CONTINUED to July 17, 2018; (4) This extension of time to complete expert discovery does not alter the date of any other event or deadline already fixed by the Court's scheduling order. (Doc. 13 ). Accordingly, the pretrial motion filing deadline, and the dates for the pretrial conference and the trial remain as set forth in the April 17, 2017 scheduling order. (Doc. 13 ). (Valdez, E)

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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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Plaintiff,

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Case No.: 1:16-cv-01878-LJO-BAM

RANDY BEAVERS,

STIPULATION RE: CONTINUANCE;
ORDER DENYING IN PART

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 modification of certain case

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deadlines.

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On April 17, 2017, the Court issued a Scheduling Order in this case. The Order set various
deadlines, including: non-expert discovery (February 16, 2018); expert disclosure (March 23,
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STIP RE: CONTINUANCE
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2018); rebuttal expert disclosure (April 20, 2018); expert discovery (May 18, 2018); pretrial

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motion filing deadline (June 29, 2018); pretrial conference (October 17, 2018); and trial

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(December 4, 2018).

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The parties previously extended the fact discovery deadline until April 2, 2018 (Dkt. No.
22), in order to complete the depositions of Plaintiff and his wife, a third-party witness, and

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Plaintiff’s treating physicians. The depositions of Plaintiff, his wife, and the third-party witness

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all completed last month. The parties are holding-off on the doctor depositions, to see if the case

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resolves beforehand.

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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The parties informally extended the expert disclosure date between themselves, until April
6, 2018.
The parties have never requested extension of the following deadlines: rebuttal disclosure,

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expert discovery, pretrial motion deadline, pretrial conference, and trial. The parties have met-

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and-conferred, and respectfully request extension of those deadlines. The cumulative effect of

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these extensions would be to continue the trial date by one week (until December 11, 2018).

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Good cause exists for this request. The parties are attempting to resolve this matter. On

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March 19, 2018, a settlement conference was scheduled before Magistrate Judge Grosjean (Dkt.

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No. 24). It is set for May 8, 2018. (Id.) The parties wish to avoid unnecessary litigation time and

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expense, while the conference is pending.

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Based on the foregoing circumstances, by and through their respective counsel of record,
the parties hereby stipulate, and respectfully request the following:

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1.

That the expert disclosure deadline be continued until June 5, 2018;

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2.

That the rebuttal expert disclosure deadline be continued from April 20, 2018 until

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June 26, 2018;
3.

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2018;
4.

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That the expert discovery deadline be continued from May 18, 2018 until July 17,

That the pretrial motion filing deadline be continued from June 29, 2018 until
August 24, 2018;

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That the pretrial conference date be continued from October 17, 2018 until
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December 12, 2018; and

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6.

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If January 28, 2019 is unavailable on the Court’s trial calendar, the parties respectfully

That the trial date be continued from December 4, 2018 until January 28, 2019.

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request a trial-setting conference, to set a new date. Both parties’ trial calendars are impacted the

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first few months of 2019.

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Respectfully submitted,
Dated: April 6, 2018

LAW OFFICES OF SANJAY S. SCHMIDT
By:

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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/s/ Sanjay S. Schmidt
SANJAY S. SCHMIDT
Attorneys for Plaintiff
RANDY BEAVERS

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Dated: April 6, 2018

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LAW OFFICES OF PANOS LAGOS
By:

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Dated: April 6, 2018

/s/ Panos Lagos
PANOS LAGOS
Attorneys for Plaintiff
RANDY BEAVERS

ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP
By:

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/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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226044.1

STIP RE: CONTINUANCE
1:16-CV-01878-LJO-BAM

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ORDER
The parties’ Stipulation and Proposed Order to continue the expert discovery, pretrial, and

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trial deadlines is DENIED IN PART. (Doc. 25). A scheduling order may be modified only for

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good cause. Fed. R. Civ. P. 16(b). The only good cause offered by the parties is ongoing

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settlement discussions. The parties’ desire to resolve this matter informally, while noble, does not

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constitute good cause to modify the scheduling order. See Lehman Bros. Holdings v. Golden

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Empire Mortg., Inc., No. 09-cv-01018-LJO-JLT 2010 WL 2679907 *2 (E.D. Cal., July 2, 2010)

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(Here, the parties’ willingness to settle this case is admirable. However, settlement discussions

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generally are not an unanticipated development.).

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Nonetheless, in the interests of judicial

economy, the Court will grant the parties some relief from the scheduling order as follows:

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1.

The Expert Disclosure deadline is CONTINUED to June 5, 2018;

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2.

The Rebuttal Expert Disclosure deadline is CONTINUED to June 26, 2018;

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3.

The Expert Discovery deadline is CONTINUED to July 17, 2018;

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4.

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

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

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the pretrial motion filing deadline, and the dates for the pretrial conference and the trial remain as

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set forth in the April 17, 2017 scheduling order. (Doc. 13).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 10, 2018

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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STIP RE: CONTINUANCE
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