Jackson v. County of Kern et al

Filing 23

ORDER GRANTING 22 Stipulation to Modify the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 6/11/2018. Discovery Deadlines: Non-Expert 9/14/2018; Expert 11/23/2018. Non-Dispositive Motion Deadlines: Filed by 12/4/2018; Hear ing by 1/8/2019. Dispositive Motion Deadlines: Filed by 1/22/2019; Hearing by 3/5/2019. Settlement Conference ADVANCED to 7/12/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference CONTINUED to 5/20/2019 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial CONTINUED to 7/9/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

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MARK L. NATIONS, COUNTY COUNSEL
COUNTY OF KERN, STATE OF CALIFORNIA
By: Marshall S. Fontes, Deputy (SBN 139567)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants,
County of Kern and Michael Flores

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL ALEXANDER JACKSON,

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Plaintiff,
v.
COUNTY OF KERN; MICHAEL
FLORES; and DOES 1 through 10,
inclusive

CASE NO. 1:17-CV-00748 DAD JLT
STIPULATION TO MODIFY THE
SCHEDULING ORDER; [PROPOSED]
ORDER; DECLARATION OF
MARSHALL S. FONTES
(Doc. 22)

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Defendants.

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BY AND BETWEEN THE PARTIES TO THIS ACTION, THROUGH THEIR
COUNSEL OF RECORD:

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This stipulation is entered into by and between the plaintiff and the defendants, by and

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through their respective counsel to modify the Scheduling Order in this matter, by continuing

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all dates by approximately ninety (90) days.

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1.

As set forth in the attached declaration of Marshall S. Fontes, despite the

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diligence of counsel, the parties have not been able to complete all necessary discovery prior to

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the close of discovery in this case, due in part to the health of defense counsel which has caused

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a delay in the proceedings, and also due to a conflict of interest that has recently been declared

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by County Counsel’s Office in the further representation of Defendant Flores that has led to the
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Stipulation to Modify the Scheduling Order; [Proposed] Order; Declaration of Marshall S. Fontes

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retention of outside counsel on his behalf.
2.
Based on the forgoing, the parties agree through counsel to amend the
scheduling order as follows:
Deadline:

Currently:

Proposed:

Discovery cut off:

6/15/18

9/14/18

Expert Disclosure:

6/29/18

9/28/18

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Supp. Expert Disclosure:

7/27/18

10/26/18

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Expert Discovery Cut Off:

8/24/18

11/23/18

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Non Dispositive Motion Filing:

9/4/18

12/4/18

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Non-Dispositive Motions:

10/2/18

1/8/19

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Dispositive Motion Filing:

10/16/18

1/22/19

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Dispositive Motions:

11/27/18

3/5/19

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Pre-Trial Conference:

2/4/19

5/13/19

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Trial:

4/2/19

7/9/19

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3.

Additionally, the Court has scheduled a Mandatory Settlement Conference in

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this matter on January 7, 2019. The parties have begun meaningful settlement discussions, and

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request that the settlement conference be advanced to a date convenient to the Court within the

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next thirty (30) days.
NOW THEREFORE, IT IS HEREBY STIPULATED by the Parties that the Scheduling

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Order be modified as set forth above.
Dated: June 8, 2018

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MARK L. NATIONS, COUNTY COUNSEL
By:

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/s/ Marshall S. Fontes
Marshall S. Fontes, Deputy
Attorneys for Defendant, County of Kern

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Dated: June 8, 2018

WEAKLEY & ARENDT
By:

/s/ James Weakley
James Weakley, Esq.
Brande L. Gustafson, Esq
Attorneys for Defendant, Michael Flores

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______________________________________________________________________
Stipulation to Modify the Scheduling Order; [Proposed] Order; Declaration of Marshall S. Fontes

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Dated: June 8, 2018

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LAW OFFICES OF JERRY STEERING
By:

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/s/ Jerry Steering
Jerry Steering, Esq.
Attorneys for Defendant, Michael A. Jackson

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PROPOSED ORDER

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Due to the that the Scheduling Order be Amended as follows:

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Deadline:

Currently:

New Date:

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Discovery cut off:

6/15/18

9/14/18

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Expert Disclosure:

6/29/18

9/28/18

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Supp. Expert Disclosure:

7/27/18

10/26/18

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Expert Discovery Cut Off:

8/24/18

11/23/18

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Non Dispositive Motion Filing:

9/4/18

12/4/18

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Non-Dispositive Motions:

10/2/18

1/8/19

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Dispositive Motion Filing:

10/16/18

1/22/19

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Dispositive Motions:

11/27/18

3/5/19

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Pre-Trial Conference

2/4/19

5/20/19, 3:30 p.m.

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Trial

4/2/19

7/9/19 8:30 a.m.

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IT IS FURTHER ORDERED that the Mandatory Settlement Conference scheduled for

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January 7, 2019 is ADVANCED to July 12, 2018 at 9:00 a.m. at 510 19th Street, Bakersfield,

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California.

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IT IS SO ORDERED.
Dated:

June 11, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Modify the Scheduling Order; [Proposed] Order; Declaration of Marshall S. Fontes