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

Filing 26

STIPULATION and ORDER 25 for Extension of Expert Discovery and Non-Dispositive Motion Deadline, signed by Magistrate Judge Jennifer L. Thurston on 7/17/2018. Expert Discovery completed by 9/1/2018. Non-Dispositive Motion Deadlines: Filed by 9/10/2018; Hearing by 10/8/2018. (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 EXTENSION OF
EXPERT DISCOVERY AND NONDISPOSITIVE MOTION DEADLINE TO
RESUME MEDIATION; DECLARATION
OF COUNSEL; [PROPOSED] ORDER
(Doc. 25)

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-1JOINT APPLICATION AND STIPULATION FOR EXTENSION OF EXPERT DISCOVERY AND NONDISPOSITIVE MOTION DEADLINE TO RESUME MEDIATION

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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 stay fact and expert-related

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discovery, including motion deadlines, while the parties resume mediation with Magistrate Judge

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Carla M. Woehrle (Ret). The parties seek an amendment of the scheduling order to extend the

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deadline for expert discovery until September 1, 2018, and the deadline for filing all motions,

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including dispositive and non-dispositive motions, until September 10, 2018.

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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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Magistrate Judge Woehrle assisted the parties in a mediation session on April 26, 2018.

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Recently, however, Defendants Dharam and Vijay Pal have retained personal counsel. The

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parties believe that this development may affect the prospects for settlement and wish to return to

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mediation with Magistrate Judge Woehrle. The parties are securing a date with her in mid-

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August. To maximize the chance of settlement, the parties seek to limit expenses until after the

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mediation. This necessitates an extension of time for expert discovery, which is currently

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scheduled to end on July 20, 2018, and the deadline for filing non-dispositive motions, which is

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currently scheduled for July 27, 2018.

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The parties have completed fact discovery, with the exception of three depositions. Two

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third-party witnesses – Ignacio Morales from Bakersfield Code Enforcement and Defendants’

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former tenant Cyrus Rodriguez -- were subpoenaed during the discovery period but failed to

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appear. Their depositions will be rescheduled if the mediation fails. A third non-party witness

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who inspected the subject property on behalf of Defendants’ insurance carrier will also be

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subpoenaed after the mediation by agreement of counsel.

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Only the deadlines set forth above are affected by granting this request. The dates for the

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pretrial conference and trial need not change.

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-2JOINT APPLICATION AND STIPULATION FOR EXTENSION OF EXPERT DISCOVERY AND NONDISPOSITIVE MOTION DEADLINE TO RESUME MEDIATION

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The parties previously applied for, and the Court granted, brief extensions of time for
discovery and expert disclosures. (ECF 23-24.)
A proposed order is lodged herewith.

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Respectfully submitted,

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Dated: July 16, 2018

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

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Dated: July 16, 2018
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GORDON REES SCULLY MANSUKHANI,
LLP
By: /s/ André M. Picciurro
(as authorized on July 16, 2018)
Attorneys for Defendants
DHARAM PAL AND VIJAY PAL

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ORDER

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Based upon the stipulation of counsel, the Court ORDERS:

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The stipulation is GRANTED and the case schedule is modified as follows:

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a.

All expert discovery SHALL be completed no later than 9/1/18;

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b.

Non-dispositive motions SHALL be filed no later than 9/10/18 and heard

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no later than 10/8/18.

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The Court does not anticipate again modifying the case schedule. The parties

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SHALL complete discovery within the deadlines set here. Absolutely no other amendments

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to the case schedule are authorized at this time.

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IT IS SO ORDERED.
Dated:

July 17, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-3JOINT APPLICATION AND STIPULATION FOR EXTENSION OF EXPERT DISCOVERY AND NONDISPOSITIVE MOTION DEADLINE TO RESUME MEDIATION