Severi et al v. County of Kern et al

Filing 51

STIPULATION and ORDER 50 to Modify Scheduling Order for Limited Purpose of Deposing Rule 30(b)(6) Designee, signed by Magistrate Judge Jennifer L. Thurston on 3/28/2019. (Hall, S)

1

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

2

A PROFESSIONAL CORPORATION

3

5200 N. Palm Avenue, Suite 211
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

4
5
6
7

Attorneys for Defendant, Deputy Gabriel Romo

8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

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

CASE NO. 1:17-CV-00931-AWI-JLT
STIPULATION AND [Proposed] ORDER
TO MODIFY SCHEDULING ORDER FOR
LIMITED PURPOSE OF DEPOSING
RULE 30(b)(6) DESIGNEE SERGEANT
PAT McIRVIN
(Doc. 50)

18
19
20
21

The parties1, by and through their respective counsel, have stipulated to modify the
existing Scheduling Order (Doc. No. 16) as modified by the Stipulation and Order to Modify
Scheduling Order (Doc. No. 44) for the limited purpose of allowing Plaintiff Stan Severi to take

22
23
24

the deposition of Sergeant Pat McIrvin, one of Defendant County of Kern’s Rule 30(b)(6)
designees, past the current close of non-expert discovery on March 29, 2019.

25
26

Plaintiffs noticed the Rule 30(b)(6) deposition to defendant County of Kern on February
21, 2019. In preparing the Rule 30(b)(6) designees for their deposition, counsel for County of

27
1

28

At present, neither Defendants nor plaintiff Stan Severi know the whereabouts of plaintiff Myranda Severi and
thus are not currently able to obtain her consent to this stipulation.
Stipulation & [Proposed] Order to Modify Scheduling Order
for Limited Purpose of Deposing Rule 30(b)(6) Designee Sgt. McIrvin

1

1

Kern learned that one of the designees, Sergeant Pat McIrvin, had surgery scheduled, of

2

immediate medical need, for March 25, 2019 (the same day as the deposition), and would need

3

at least a week to recover from the surgery, meaning he could not be deposed until after the

4

close of non-expert discovery.

5

As a result, the parties stipulate that the current non-expert discovery deadline of March

6

29, 2019 be extended to April 26, 2019 just for purposes of deposing County of Kern’s Rule

7

30(b)(6) designee Sergeant Pat McIrvin.

8

Respectfully Submitted,

9

Dated: March 27, 2019

WEAKLEY & ARENDT
A Professional Corporation

10
11

By:

12
13
14

Dated: March 27, 2019

/s/ James D. Weakley
James D. Weakley
Brande L. Gustafson
Attorneys for Defendant
Deputy Gabriel Romo
MARGO A. RAISON, COUNTY COUNSEL

15
By:

16
17
18
19

Dated: March 27, 2019

/s/ Gregory J. Kohler (As authorized on 3/26/19)
Gregory J. Kohler, Deputy
Attorneys for County of Kern, Kern County Sheriff
Donny Youngblood, Aaron Warmerdam, Danae
Wiitala, and Demetrius Cummings
RODRIGUEZ & ASSOCIATES

20
By:

21
22
23

/s/ Joseph Whittington (As authorized on 3/27/19)
Chantal Trujillo, Esq.
Joseph Whittington, Esq.
Attorneys for Plaintiff Stanley Severi
ORDER

24
25
26

IT IS SO ORDERED.
Dated:

March 28, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

27
28
Stipulation & [Proposed] Order to Modify Scheduling Order
for Limited Purpose of Deposing Rule 30(b)(6) Designee Sgt. McIrvin

2