Severi et al v. County of Kern et al

Filing 44

STIPULATION and ORDER 43 to Modify Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 1/3/2019. Discovery Deadlines: Non-Expert 3/29/2019; Expert 6/7/2019. Non-Dispositive Motion Deadlines: Filed by 6/14/2019; Hearing by 7/12/2 019. Dispositive Motion Deadlines: Filed by 6/14/2019; Hearing by 7/29/2019. Pretrial Conference CONTINUED to 9/19/2019 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial CONTINUED to 11/26/2019 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Hall, S)

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James D. Weakley, Esq. Bar No. 082853
Brande L. Gustafson, Esq. Bar No. 267130

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WEAKLEY & ARENDT
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A PROFESSIONAL CORPORATION

5200 N. Palm Avenue, Suite 211
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant, Deputy Gabriel Romo

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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vs.
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COUNTY OF KERN; KERN COUNTY
SHERIFF DONNY YOUNGBLOOD; in his )
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individual capacity; DEPUTY GABRIEL
ROMO, in his individual capacity; and DOES )
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1 to 100, Inclusive, in their individual
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capacities,
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Defendants.
STAN SEVERI and MYRANDA SEVERI,

CASE NO. 1:17-CV-00931-AWI-JLT
STIPULATION AND [Proposed] ORDER
TO MODIFY SCHEDULING ORDER
(Doc. 43)

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The parties, by and through their respective counsel, and pursuant to conference call
with the court on December 28, 2018, have stipulated to modify the existing Scheduling Order
(Doc. No. 16) as follows:

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Event/Deadline

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Non-Expert Discovery

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Stipulated New Date

Deadline

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Existing Date
January 18, 2019

March 29, 2019

Expert Witness Disclosure

February 6, 2019

May 1, 2019

Rebuttal Witness Disclosure

February 27, 2019

May 22, 2109

Stipulation & [Proposed] Order to
Modify Scheduling Order

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Expert Discovery Deadline

March 15, 2019

June 7, 2019

Non-Dispositive Motion

March 22, 2019

June 14, 2019

April 19, 2019

July 12, 2019

March 22, 2019

June 14, 2019

May 20, 2019

July 12, 2019

Deadline (Filing)

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Non-Dispositive Motion
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Deadline (Hearing)
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Dispositive Motion Deadline
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(Filing)
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Dispositive Motion Deadline
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(Hearing)
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Settlement Conference

TBD (Mediation scheduled TBD

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for January 18, 2019)
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Pre-Trial Conference

July 16, 2019.

September 6, 2019

Trial

September 10, 2019

November 5, 2019

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The parties request an order modifying scheduling order. Parties have been cooperating

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in scheduling depositions in an effort to conclude non-expert discovery within the time frame

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set out in the current scheduling order. However, due to other calendar commitments, including

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a 2-3 week trial that Plaintiffs’ counsel has scheduled to begin on January 7, 2019, the parties

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are unable to complete the necessary discovery. Additionally, counsel for Defendant Deputy

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Romo is scheduled for trial in Fresno Superior Court on September 23, 2019 in Brenes-Cerpa,

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et al. v. Kings Canyon Unified School District, et al., Case Nos. 18CECG00064, which is an

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automobile accident case involving traumatic brain injury and counsel will need time in mid-

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September to prepare for that trial. On December 28, 2018, counsel engaged in a telephonic

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conference call with the court wherein this court suggested resubmitting the previous

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Stipulation and (Proposed) Order to Modify Scheduling Order (Doc. 36) with the dates

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tightened up to allow for the trial in 2019.

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Respectfully Submitted,

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Stipulation & [Proposed] Order to
Modify Scheduling Order

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DATED: December 31, 2018

WEAKLEY & ARENDT
A Professional Corporation

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By:
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/s/ James D. Weakley
James D. Weakley
Brande L. Gustafson
Attorneys for Defendant
Deputy Gabriel Romo

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Dated: December 31, 2018

MARGO A. RAISON, COUNTY COUNSEL

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By:

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/s/ Gregory J. Kohler (As authorized on)
Gregory J. Kohler, Deputy
Attorneys for County of Kern, Kern County Sheriff
Donny Youngblood, Aaron Warmerdam, Danae
Wiitala, and Demetrius Cummings

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Dated: December 31, 2018

RODRIGUEZ & ASSOCIATES

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By:
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/s/ Chantal Trujillo (As authorized on)
Chantal Trujillo, Esq.
Attorneys for Plaintiffs Stanley Severi and
Myranda Severi

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ORDER

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Good cause appearing, the Court ORDERS the case schedule amended as follows1:

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1.
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2019;
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Non-dispositive motions SHALL be filed no later than June 14, 2019 and heard

no later than July 12, 2019;

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All experts SHALL be disclosed no later than May 1, 2019 and any rebuttal

experts no later than May 22, 2019. All expert discovery SHALL be completed by June 7,

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All non-expert discovery SHALL be completed by March 29, 2019;

4.

Dispositive motions SHALL be filed no later than June 14, 2019 and heard no

later than July 29, 2019 at 10:30 a.m. before Senior District Judge Anthony W. Ishii;

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The Court was required to select a few different dates due to the stipulation failing to provide sufficient intervals
between activities.
Stipulation & [Proposed] Order to
Modify Scheduling Order

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5.

The pretrial conference is set on September 19, 2019;

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The trial is set on November 26, 2019 at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

January 3, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation & [Proposed] Order to
Modify Scheduling Order

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