Lopez et al v. County of Kern et al

Filing 38

ORDER GRANTING IN PART 37 Stipulation to Modify the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 11/20/2018. Expert discovery completed by 2/1/2019. Non-Dispositive Motion Deadlines: Filed by 2/8/2019; Hearing by 3/8/2019. The Settlement Conference set for 1/7/2019 is VACATED. (Hall, S)

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RONALD O. KAYE, SBN 145051
KEVIN J. LaHUE, SBN 237556
KAYE, McLANE, BEDNARSKI & LITT, LLP
234 East Colorado Boulevard, Suite 230
Pasadena, California 91101
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
ANA MARIA GONZALEZ LOPEZ
PEDRO DERKEVORKIAN
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, et al.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANA MARIA GONZALEZ LOPEZ,
PEDRO DERKEVORKIAN, AND THE
ESTATE OF SERGIO DERKEVORKIAN,

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CASE NO.: 1:17-CV-00864-AWI-JLT
STIPULATION TO MODIFY THE
SCHEDULING ORDER; [PROPOSED]
ORDER

Plaintiff,
v.

(Doc. 37)
COUNTY OF KERN; SHERIFF DONNY
YOUNGBLOOD; BILL WALKER,
DIRECTOR KERN COUNTY MENTAL
HEALTH DEPARTMENT; DEPUTY
ASHLEY MARCUM (#202548); and
DOES 1 through 10, inclusive,
Defendants.

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

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

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OF RECORD:

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

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

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by continuing all dates by approximately forty-five (45) days.

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1.

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

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have completed all non-expert discovery and have designated and exchanged expert

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Rule 26 reports. The parties also scheduled a mediation of the matter before Hon.

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Carla M. Woerhle for the entire day of December 7, 2018, with a firm commitment to

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resolving the matter without the need for further time and expense in litigating the

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matter, including taking the depositions of experts who are located as far away as

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Idaho. However, due to the hospitalization and critical condition of defense counsel’s

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mother, as set forth in the supporting declaration, the mediation has been forced to be

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rescheduled for January 17, 2019.

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believe that good cause exists for the requested short continuance of all dates in order

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to permit possible resolution of the matter without the necessity of further time, cost and

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expense to the parties and this court in the ongoing litigation of this matter.

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2.

Based upon these circumstances, the parties

Based on the forgoing, the parties agree through counsel to amend the

scheduling order as follows:

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Deadline:

Currently:

Proposed:

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Expert Discovery Cut Off:

12/28/18

2/11/19

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Non Dispositive Motion Filing:

1/18/19

3/1/19

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Non-Dispositive Motions:

2/15/19

3/29/19

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Dispositive Motion Filing:

3/8/19

4/19/19

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Dispositive Motions:

4/22/19

6/3/19

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Pre-Trial Conference:

6/13/19

7/25/19

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Trial:

8/13/19

9/24/19

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2
Stipulation to Modify the Scheduling Order; Proposed Order and Declaration of Marshall S. Fontes

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3.

Additionally, the Court has scheduled a Mandatory Settlement

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Conference in this matter on January 7, 2019.

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scheduled for January 17, 2019, the parties request that the settlement conference be

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vacated.

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In light of the current mediation

NOW THEREFORE, IT IS HEREBY STIPULATED by the Parties that the

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Scheduling Order be modified as set forth above.

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Dated: November 15, 2018

MARK L. NATIONS, COUNTY COUNSEL

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By:

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

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Dated: November 15, 2018

KAYE, McLANE, BEDNARSKI & LITT, LLP

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By:

/s/ Kevin J. LaHue
Ronald O. Kay, Esq.
Kevin J. LaHue, Esq
Attorneys for Plaintiffs, Maria Lopez and
Pedro Derkevorkian

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

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ORDER
The Court GRANTS in PART the stipulation to amend the case schedule as
follows:

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1.

All expert discovery SHALL be completed no later than February 1, 2019;

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2.

Any non-dispositive motions SHALL be filed no later than February 8,

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2019 and heard no later than March 8, 2019;

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3.

The settlement conference scheduled for January 7, 2019 is vacated.

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No other modifications to the case schedule are authorized.

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IT IS SO ORDERED.
Dated:

November 20, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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