Deloney v. County of Fresno et al

Filing 63

ORDER modifying Scheduling Order 24 , 62 signed by Magistrate Judge Erica P. Grosjean on 2/8/2019. Discovery due by 6/20/2019. Designation of Expert Witnesses due by 7/26/2019. Dispositive Motions filed by 11/22/2019. Status Conference set for 6/18/2019 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Pretrial Conference set for 5/28/2020 at 08:15 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 8/4/2020 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 1:17-cv-01336-LJO-EPG

WILMA DELONEY,

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Plaintiff,

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v.

(ECF Nos. 24, 62)

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ORDER MODIFYING
SCHEDULING ORDER

COUNTY OF FRESNO, et al.,
Defendants.

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The Court held a status conference on February 7, 2019. Plaintiff’s counsel, James

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Cook, was present telephonically. Matthew Grigg, counsel for Defendants Yang, Santos, Trow,

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and Whitecotton, was present telephonically. James D. Weakly, counsel for Defendants County

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of Fresno, Vinton,1 McCoy, Ramos, Canal, Yusif, Delgarza, and De La Cruz was personally

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present.

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During the status conference, Mr. Weakley stated that he was not representing Defendant Vinton aka Vinson, and
that Defendant Vinton has never been served. However, Mr. Weakley filed an answer on behalf of Defendant
Vinton (ECF No. 8), and has accordingly entered his appearance as attorney of record for Defendant Vinton. See
Local Rule 182(a)(2). Mr. Weakley has neither sought nor been granted leave to withdraw as counsel for Defendant
Vinton. See Local Rule 182(d) (“an attorney who has appeared may not withdraw leaving the client in propria
persona without leave of court upon noticed motion and notice to the client and all other parties who have
appeared.”). Further, by filing an answer that does not challenge the adequacy of service, Defendant Vinton has
waived service of process. See generally Benny v. Pipes, 799 F.2d 489, 492 (9th Cir. 1986) (“[A] general

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As discussed during the status conference, and finding good cause, IT IS ORDERED
that the scheduling conference order (ECF No. 24) is modified as follows:

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1. Nonexpert discovery cutoff is June 20, 2019;

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2. Expert disclosure deadline is July 26, 2019;

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3. Rebuttal expert disclosure deadline is September 13, 2019;

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4. Expert discovery cutoff is October 25, 2019;

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5. Dispositive motion filing deadline is November 22, 2019;

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6. A status conference is set for June 18, 2019, at 9:30 a.m. The parties shall file a
joint status report by June 11, 2019. If the parties determine that this status

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conference is not necessary, the parties shall notify the Court no later than close of

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business on June 11, 2019.

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(LJO) before Chief Judge Lawrence J. O'Neill;

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8. Jury Trial (14-21 day estimate) is set for August 4, 2020, at 08:30 a.m. in
Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill.

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The Pretrial Conference is set for May 28, 2020, at 08:15 a.m., in Courtroom 4

IT IS FURTHER ORDERED that the Clerk of the Court is respectfully directed to

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correct the docket to indicate the correct spelling of the last name of Defendant Vinton, who is

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currently designated on the docket as “Vinson.”

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IT IS SO ORDERED.
Dated:

February 8, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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appearance or responsive pleading by a defendant that fails to dispute personal jurisdiction will waive any defect in
service or personal jurisdiction.”) (citation and internal quotation marks omitted), amended 807 F.2d 1514 (9th
Cir.); DePrins v. Clark, 566 Fed. Appx. 608, 610 & n.2 (9th Cir. 2014) (“[A] party waives service of process when
it files an answer to the complaint[.]”) (citing id.).

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