Tolls, et al. v. Pal, et al.

Filing 24

ORDER GRANTING 23 Stipulation to Amend Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 5/2/2018. Discovery Deadlines: Non-expert 6/29/2018; Expert 7/20/2018. (Hall, S)

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BASHAR ALGABYALI (SBN: 248265)
[e-mail]
JINA KIM (SBN: 276706)
[e-mail]
GREATER BAKERSFIELD LEGAL ASSISTANCE
615 California Ave.
Bakersfield, CA 93304
Tel: [phone]

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CHRISTOPHER BRANCART (SBN: 128475)
[e-mail]
LIZA CRISTOL-DEMAN (SBN: 190516)
[e-mail]
BRANCART & BRANCART
Post Office Box 686
Pescadero, CA 94060
Tel: [phone]

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Attorneys for Plaintiffs

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JASON F. MEYER (SBN: 190800)
[e-mail]
ANDRÉ M. PICCIURRO (SBN: 239132)
[e-mail]
GORDON REES SCULLY MANSUKHANI, LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
DHARAM PAL and VIJAY PAL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO TOLLS, TANISHA WILEY,
TANYA MORRISON, and ARISSA
DICKSON TOLLS,

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Plaintiffs,
vs.
DHARAM PAL and VIJAY PAL,
Defendants.

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CASE NO. 1:17-CV-00776-AWI-JLT
JOINT APPLICATION AND
STIPULATION FOR AMENDMENT TO
SCHEDULING ORDER (DOC. 11);
DECLARATION OF COUNSEL;
[PROPOSED] ORDER
(Doc. 23)

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-1JOINT APPLICATION AND STIPULATION FOR AMENDMENT TO SCHEDULING ORDER

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Plaintiffs Mario Tolls, Tanisha Wiley, Tanya Morrison, and Arissa Dickson Tolls and

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Defendants Dharam Pal and Vijay Pal hereby apply and stipulate to the issuance of an amended

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scheduling order, continuing the following deadlines:

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Event

Original Date (Doc. 11)

Proposed Date

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Non-expert discovery cut off

May 4, 2018

June 29, 2018

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Expert discovery cut off

July 13, 2018

July 20, 2018

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Expert witness disclosure

May 11, 2018

June 4, 2018

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Rebuttal expert disclosure

June 8, 2018

July 2, 2018

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Non-dispositive motion filing deadline

July 27, 2018

No change

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Dispositive motion filing deadline

September 10, 2018

No change

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Pretrial conference
Trial

December 11, 2018
February 5, 2019 (5-7
days)

No change
No change

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There is good cause to grant this request, as set forth below and in the declaration of
plaintiffs’ counsel, Liza Cristol-Deman, filed herewith.

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First, the parties have been diligent throughout the litigation. Plaintiffs have taken the

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deposition of defendant Dharam Pal and four significant third-party witnesses. An additional

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witness who was subpoenaed to testify at deposition did not appear, and his deposition must be

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rescheduled. Defendants have deposed three out of the four plaintiffs. The parties also have

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propounded and responded to written discovery without requiring the intervention of the court to

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mediate any disputes. Despite their diligence, however, the parties need additional time to depose

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defendant Vijay Pal and plaintiff Arissa Dickson, and to depose at least five other third-party

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witnesses whose testimony may be critical: David Coston, Bakersfield Code Enforcement, Alicia

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Castillo, Travelers’ Insurance inspectors, and Linda Eaves.

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Second, the parties held off on conducting discovery in most of April 2018, in

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anticipation of the voluntary mediation with Magistrate Judge Carla M. Woehrle at ADR

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Services that was held on April 26, 2018. The parties sought to limit attorneys’ fees and costs as

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much as possible in the lead up to mediation, but the case did not settle.
-2JOINT APPLICATION AND STIPULATION FOR AMENDMENT TO SCHEDULING ORDER

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Third, the parties need to complete the additional discovery described above before
returning to settlement negotiations.
Fourth, only the deadlines set forth above are affected by granting this request. The dates
for the pretrial conference and trial need not change.

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Fifth, the parties have not requested any previous continuances or extensions of time.

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A proposed order is lodged herewith.

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Respectfully submitted,

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Dated: May 1, 2018

BRANCART & BRANCART
By: /s/ Liza Cristol-Deman
Liza Cristol-Deman
Attorney for all Plaintiffs

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Dated: May 1, 2018
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GORDON REES SCULLY MANSUKHANI,
LLP

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By: /s/ André M. Picciurro
(as authorized on May 1, 2018)
Attorneys for Defendants
DHARAM PAL AND VIJAY PAL

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ORDER

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Good cause appearing, the Court ORDERS the case schedule to be amended as follows:
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Non-expert discovery SHALL be completed by June 29, 2018;

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Expert discovery SHALL be completed by July 20, 2018;

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Experts SHALL be disclosed by June 4, 2018 and any rebuttal experts SHALL be

disclosed by July 2, 2018.

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IT IS SO ORDERED.
Dated:

May 2, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-3JOINT APPLICATION AND STIPULATION FOR AMENDMENT TO SCHEDULING ORDER