Grismore et al v. City of Bakersfield et al

Filing 58

STIPULATION and ORDER 57 Extending Expert Discovery Cutoff, signed by Magistrate Judge Jennifer L. Thurston on 8/13/2018. Expert discovery deadline 9/28/2018. (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]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for:

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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

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY GRISMORE, an individual;
XAVIER HINES, an individual,
Plaintiffs,

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vs.
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CITY OF BAKERSFIELD, a municipality;
OFFICER MELENDEZ, an individual;
OFFICER LUEVANO, an individual;
OFFICER POTEETE, an individual;
OFFICER CLARK, an individual;
OFFICER McINTYRE, an individual;
OFFICER VAZQUEZ, an individual;
OFFICER BARAJAS, an individual;
OFFICER McAFEE, an individual;
and DOES 1-10, inclusive,
Defendants.

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Case No. 1:17-CV-00413-AWI-JLT
STIPULATION EXTENDING EXPERT
DISCOVERY CUTOFF; [PROPOSED]
ORDER THEREON

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RECITALS
WHEREAS, pursuant to the stipulation of the parties and the Court’s April 13, 2018 Order [Dkt.
No. 45] thereon, the expert discovery cutoff in this matter is August 17, 2018.
WHEREAS, the Parties require additional time to complete the depositions of the expert witnesses
in this matter and request that the August 17, 2018, cutoff be extended to September 28, 2018, for the
following reasons:
1.

Defendants’ counsel is currently in the process of working with expert witnesses to

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complete expert witness reports by the August 17, 2018, deadline to disclose in the case of Twelve Sixty
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LLC, et al. v. Extreme Music Library Limited, et al., United States District Court, Southern District of
New York, Case No. 1:17-CV-01479-PAC. The Twelve Sixty LLC case is complex and involves the

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review and analysis of well over 500,000 documents and media files. Defendants’ counsel is therefore

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unavailable for depositions until after the August 17, 2018, cutoff in this matter.

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2.

Plaintiffs’ counsel will be out of the area the week of August 27, 2018, and is

therefore unavailable to complete depositions until September 2018.
3.

Defendants’ counsel is in the process of preparing for trial in the case of The Estate

of Jason Alderman, et al. v. City of Bakersfield, et al., United States District Court, Eastern District of
California, Case No. 1:16-CV-00994-DAD-JLT, which is scheduled to begin trial on September 11, 2018,
and will therefore be unavailable for depositions in this matter until late September 2018.

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WHEREAS, the Parties have met and conferred regarding the expert depositions in this matter
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and have agreed to take the depositions on September 24, 2018.
WHEREAS, nothing in this Stipulation shall affect the trial date of January 14, 2019.

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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 expert discovery cutoff, currently set for August 17, 2018, be extended to

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September 28, 2018.

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Dated: August 13, 2018.

MARDEROSIAN & COHEN

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

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Dated: August 13, 2018.

ALDERLAW PC

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

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Dated: August 13, 2018.

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THE 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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Pursuant to the Stipulation of the Parties and GOOD CAUSE APPEARING THEREFOR,

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IT IS HEREBY ORDERED THAT the expert discovery cutoff date of August 17, 2018, be extended to

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September 28, 2018.

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IT IS SO ORDERED.
Dated:

August 13, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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