Kim Adams v. County of Kern et al

Filing 40

Stipulation and Order to modify scheduling order, signed by Magistrate Judge Jennifer L. Thurston on 7/24/2019. (Non Expert Discovery Deadline due by 12/2/2019; Expert Witness Disclosure due by 1/2/2020; Rebuttal Witness Disclosure due by 2/3/2020 ; Expert Discovery due by 3/4/2020; Non Dispositive Motions filed by 4/6/2020; Dispositive Motions filed by 6/8/2020; Pretrial Conference set for 10/5/2020 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston; Jury Trial set for 11/30/2020 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston) (Rosales, O.)

Case 1:17-cv-00464-JLT Document 39 Filed 07/23/19 Page 1 of 3
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James D. Weakley, Esq.
Brande L. Gustafson, Esq.

Bar No. 082853
Bar No. 267130

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Weakley & Arendt
A Professional Corporation
1630 East Shaw Ave., Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]

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[e-mail]
[e-mail]

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Attorneys for Defendant, Reyes Soberon, Jr.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIM ADAMS, an individual,
Plaintiff,
vs.

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COUNTY OF KERN; KERN COUNTY
PROBATION DEPARTMENT; DAVID M.
KUGE, an individual; REYES SOBERON,
JR., and individual; and DOES 1 through 50,
inclusive,

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Defendants.

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) CASE NO. 1:17-cv-00464-JLT
)
) STIPULATION AND [Proposed] ORDER
TO MODIFY SCHEDULING ORDER
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) (Doc. 39)
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Complaint Filed: March 31, 2017
) Trial Date: March 30, 2020
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The parties, by and through their respective counsel, have stipulated to modify the
discovery deadlines and existing Scheduling Order (Doc. No. 38) as follows:
Event/Deadline

Existing Date

Stipulated New Date

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Non-Expert Discovery Deadline

September 3, 2019

December 2, 2019

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Expert Witness Disclosure

September 10, 2019

January 2, 2020

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Rebuttal Witness Disclosure

October 1, 2019

February 3, 2020

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Expert Discovery Deadline

October 21, 2019

March 4, 2020

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Non-Dispositive Motion Deadline (Filing)

November 4, 2019

April 6, 2020

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Non-Dispositive Motion Deadline (Hearing) December 16, 2019

May 4, 2020

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Dispositive Motion Deadline (Filing)

June 8, 2020

November 4, 2019

Stipulation & [Proposed] Order to Modify Scheduling Order

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Case 1:17-cv-00464-JLT Document 39 Filed 07/23/19 Page 2 of 3
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December 16, 2019

July 20, 2020

Pre-Trial Conference

February 3, 2020

October 5, 2020

Trial

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Dispositive Motion Deadline (Hearing)

March 30, 2020

November 30, 2020

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The parties request an order modifying scheduling order. The parties had previously

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requested a modification of the scheduling order because Plaintiff’s children and caretaker were

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either out of town due to an ill family member or had their own medical appointments that

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prevented them from being available for a deposition prior to the deadline to complete non-

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expert discovery and because counsel for defendants County of Kern and David M. Kuge—

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Marshall S. Fontes—was scheduled for knee surgery on June 26, 2019 making him unavailable

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for what he at time understood would be the following three to four weeks while recovering

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from the surgery.

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Approximately three days after discharge, Mr. Fontes developed a hemorrhagic blister

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on the medial side of the right knee which was approximately four inches in diameter. This

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blister ruptured on Tuesday July 2, 2019, which presented increased risks of infection and

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delayed the initiation of his physical therapy treatment program. Originally, it was hoped that

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Mr. Fontes would be able to return to work at the beginning of August. However, due to these

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unexpected complications, Mr. Fontes was informed by his orthopedic surgeon on July 10,

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2019, that he can expect to be off work for approximately six more weeks. There is no one else

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in Mr. Fontes’ office with knowledge of this case that would be able to step in and take the

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remaining depositions while he continues his recovery.

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But for this unanticipated medical emergency, all discovery would have been completed

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pursuant to the existing schedule. As a result of these circumstances it will be extraordinarily

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difficult for both parties to complete discovery, including depositions, within the remaining time

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frame for the completion of discovery.

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The parties believe these there is good cause for the above proposed changes to the

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discovery deadlines.

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///
Stipulation & [Proposed] Order to Modify Scheduling Order

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Case 1:17-cv-00464-JLT Document 39 Filed 07/23/19 Page 3 of 3
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Respectfully Submitted,

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DATED: July 18, 2019

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/s/ Brande L. Gustafson
James D. Weakley
Brande L. Gustafson
Attorneys for Defendant, Reyes Soberon, Jr.

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WEAKLEY & ARENDT
A PROFESSIONAL CORPORATION

DATED: July 23, 2019

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MARGO A. RAISON,
KERN COUNTY COUNSEL
/s/ Andrew C. Thomson for
Marshall S. Fontes (As authorized on 7/23/19)
Marshall S. Fontes, Deputy County Counsel
Attorneys for Defendants County of Kern, Kern
County Probation Department, and David M. Kuge

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DATED: July 22, 2019

GERAGOS & GERAGOS
/s/ Noah Geldberg (As authorized on 7/22/19)
Mark J. Geragos
Ben J. Meiselas
Noah Geldberg
Attorneys for Plaintiff Kim Adams

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ORDER
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IT IS SO ORDERED.
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July 24
Date: _______________, 2019

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_______________________________________
U.S. Magistrate Judge Jennifer L. Thurston

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Stipulation & [Proposed] Order to Modify Scheduling Order

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