Kim Adams v. County of Kern et al

Filing 46

STIPULATION and ORDER 45 to Modify the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 5/16/2020. Non-Dispositive Motion Deadlines: Filed by 6/19/2020; Hearing by 8/20/2020. (Hall, S)

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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
(Doc. 45)

The parties, by and through their respective counsel, have stipulated to modify the non-

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dispositive motion filing deadline from May 22, 2020 with hearing date of June 19, 2020 to July

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10, 2020 with a hearing date no later than August 20, 2020.

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The parties have previously requested a modification of the scheduling order on five

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prior occasions due to the continuance of criminal proceedings in defendant Reyes Soberon,

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Jr.’s related criminal case and the pendency of the plaintiff’s related appeal in the Fifth District

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Court of appeal, and series of health issues for plaintiff, her family members, and counsel for

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County of Kern and David M. Kuge. See Doc. Nos. 32, 36, 38, 40, and 43.

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The parties have completed all discovery in the case, but have been working together to
obtain a copy of defendant Reyes Soberon, Jr.’s cell phone records that are at issue in this
Stipulation & [Proposed] Order to Modify Scheduling Order

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action. The process has taken longer than anticipated as the original cell phone carrier indicated

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that it did not have the records and to try another carrier, which required the process to start all

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over again. During that time the Coronavirus pandemic spread across the globe and cities and

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states in the United States enacted various shelter in place orders. As a result, it took nearly a

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month and a half to receive a response to the request for subscriber records. The cellphone

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carrier represented that it would need a new authorization set to their specifications before they

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would consider releasing the cell phone records. Counsel for defendant Reyes Soberon, Jr. is

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working on obtaining a new authorization.

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The parties are working together to obtain these records in an effort to avoid the need for

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judicial intervention, however, with current shelter in place orders across the United States, the

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parties have not been able to do so prior to the expiration of the deadline for filing non-

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dispositive motions. The parties would like to have the ability to seek a court order to force the

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cell phone carrier to produce the cell phone records should their efforts to obtain them through

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an authorization fails.

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Modification of the Scheduling Order is not anticipated to affect the dispositive motion
deadline, pre-trial conference, or trial dates.
In light of the foregoing good cause, the parties hereby stipulate and jointly request that
the Court issue an order modifying the current Scheduling Order as follows:
Event/Deadline

Existing Date

Stipulated New Date

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Non-Dispositive Motion Filing Deadline

May 22, 2020

July 10, 2020

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Non-Dispositive Motion Hearing Deadline

June 19, 2020

August 20, 2020

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Respectfully Submitted,

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DATED: May 15, 2020

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WEAKLEY & ARENDT
A PROFESSIONAL CORPORATION
/s/ Brande L. Gustafson
James D. Weakley
Brande L. Gustafson
Attorneys for Defendant, Reyes Soberon, Jr.

Stipulation & [Proposed] Order to Modify Scheduling Order

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DATED: May 15, 2020

MARGO A. RAISON,
KERN COUNTY COUNSEL

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/s/ Marshall S. Fontes (As authorized on 5/15/20)
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: May 15, 2020

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GERAGOS & GERAGOS
/s/ Noah Geldberg (As authorized on 5/15/20)
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.
Dated:

May 16, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation & [Proposed] Order to Modify Scheduling Order

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