Grismore et al v. City of Bakersfield et al

Filing 30

STIPULATION and ORDER 29 Continuing Court Ordered Depositions, signed by Magistrate Judge Jennifer L. Thurston on 11/14/2017. (Hall, S)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN & COHEN
1260 Fulton Street
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]

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Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]
Attorneys for:

Defendants CITY OF BAKERSFIELD, OFFICER DANNI MELENDEZ,
OFFICER SANTOS LUEVANO, OFFICER NATHAN POTEETE, OFFICER
RYAN CLARK, OFFICER FRANK McINTYRE, OFFICER LORENA
VAZQUEZ, OFFICER NESTOR BARAJAS and SERGEANT DANIEL
McAFEE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TIMOTHY GRISMORE, an individual;
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Case No. 1:17-CV-00413-JLT
XAVIER HINES, an individual,
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STIPULATION CONTINUING COURT
Plaintiffs,
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ORDERED DEPOSITIONS AND
vs.
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[PROPOSED] ORDER THEREON
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(Doc. 29)
CITY OF BAKERSFIELD, a municipality;
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OFFICER MELENDEZ, an individual;
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OFFICER LUEVANO, an individual;
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OFFICER POTEETE, an individual;
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OFFICER CLARK, an individual;
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OFFICER McINTYRE, an individual;
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OFFICER VAZQUEZ, an individual;
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OFFICER BARAJAS, an individual;
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OFFICER McAFEE, an individual;
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and DOES 1-10, inclusive,
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Defendants.
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RECITALS

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WHEREAS, following an informal telephonic conference regarding a discovery dispute among
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the parties, the Court issued an Order Following Informal Telephonic Conference Re Discovery Dispute
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[Dkt. No. 26] setting the depositions of Plaintiffs for November 27, 2017, and the depositions of
Defendants on November 28 through 30, 2017. The depositions were then noticed by the parties
accordingly.

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WHEREAS, a discovery dispute has arisen in the case of Varese Sarabande Records LLC v.

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Twelve Sixty LLC, U.S. District Court, Central District of California, Case No. 2:17-CV-02801, wherein

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Defense Counsel is counsel of record for the Defendant/Counter-Claimant and wherein Judge Gail

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Standish has ordered that eight depositions be taken prior to November 30, 2017. Discovery cut off in

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the Varese case is December 22, 2017. The trial of the Varese case is scheduled to begin on April 3,

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2018. With the holidays approaching and the calendars of all Counsel and Clients, November 27-30,
2017, are needed to comply with Judge Standish’s order.

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WHEREAS, the trial of this matter is set for January 14, 2019, and the non-expert discovery
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cutoff date is not until May 29, 2018. As such, Defense Counsel, Michael Marderosian, emailed

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Plaintiffs’ counsel to inquire if they were willing to move the depositions in this matter and Plaintiffs’

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counsel has indicated they would be agreeable to move the depositions to February 5, 2018, February 6,

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2018, February 7, 2018, and February 8, 2018, provided the Court approves the change in schedule.

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IT IS HEREBY STIPULATED, by and between the parties hereto, through their respective

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attorneys of record, that the depositions of the Plaintiffs and the eight individual Defendants be

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continued from November 27-30, 2017, to the week of February 5, 2018.

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Dated: November 14, 2017.

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/s/ Michael G. Marderosian
By:________________________________
Michael G. Marderosian
Attorney for Defendants above-named.

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MARDEROSIAN & COHEN

Dated: November 14, 2017.

CHAIN COHN STILES

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/s/ Neil K. Gehlawat
By:________________________________
Neil K. Gehlawat,
Attorney for Plaintiffs

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Dated: November 14, 2017.

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LAW OFFICE OF THOMAS C. SEABAUGH
/s/ Thomas C. Seabaugh
By:________________________________
Thomas C. Seabaugh,
Attorney for Plaintiffs

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ORDER

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IT IS SO ORDERED that the Court ordered depositions of the Plaintiffs and the eight individual
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Defendants may be continued to the week of February 5, 2018.

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IT IS SO ORDERED.

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Dated:
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November 14, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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