Perez et al v. City Of Fresno et al

Filing 120

Order GRANTING 118 Motion to Correct or Modify Case Management Conference, signed by Magistrate Judge Erica P. Grosjean on 1/25/2021. (Jury Trial currently set for 3/15/2022 has been CONTINUED TO 5/10/2022 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii) (Rosales, O.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY PEREZ, et al.,

12
13

Plaintiffs,
v.

14

COUNTY OF FRESNO, et al.,

15

No. 1:18-cv-00127-AWI-EPG
ORDER GRANTING MOTION TO
CORRECT OR MODIFY CASE
MANAGEMENT SCHEDULE

Defendants.

(ECF No. 118)

16
17

On December 28, 2020, Defendants County of Fresno, Robert McEwen, Karlson

18

Manasan, Jimmy Robnett and Braithan Stoltenberg (“County Defendants”) filed a motion to

19

modify the scheduling order. (ECF No. 118). The Court grants the motion and modifies the

20

scheduling order as set forth below.

21

On November 9, 2020, the parties filed a stipulation to modify the case management

22

schedule. (ECF No. 103). That stipulation requested, among other things, a change to the

23

dispositive motion filing date. (Id.). The Court granted the stipulation but also noted that it

24

changed the trial date to March 15, 2022, to accommodate the new dispositive motion filing date.

25

(ECF No. 116).

26

On December 28, 2020, County Defendants filed a motion, informing the Court that their

27

counsel was set to have another trial on the same date. (ECF No. 118-1). They requested a

28

continuance in the trial date or to modify the case management schedule to acknowledge the
1

1
2

possibility of a trial conflict. (Id.).
After consulting with the parties and the assigned district judge’s calendar, the Court will

3

re-set the trial date to begin on May 10, 2022. All parties have indicated that they are available

4

that date. Although the Court notes that counsel for County Defendants has trials scheduled

5

before and after this date, there are none scheduled on this date. Additionally, it seems unlikely

6

that all of counsel’s other trials will proceed as scheduled.

7
8

Accordingly, IT IS HEREBY ORDERED that this case shall proceed pursuant to the
following case management schedule:

9
10

Case Management Event:

18

Non-Expert Discovery Cut-Off (Non-Expert
Discovery Completion Due)
Expert Disclosures (Initial) – Service
Deadline
Rebuttal-Supplemental Expert Disclosures –
Service Due
Expert Discovery Cut-Off (Expert Discovery
Completion Due)
Dispositive Motion/MSJ – Filing Deadline
(Last Day for Filing Dispositive Motions)
Last Day for MSJ-Dispositive/Other Motion
Hearing
Final Pre-Trial Conference ("PTC")

19

TRIAL

11
12
13
14
15
16
17

20

Prior-Operative
Date-Deadline:
April 16, 2021
May 7, 2021
May 21, 2021
July 12, 2021
August 11, 2021
September 8, 2021
January 12, 2022
at 10:00 a.m.
March 15, 2022, at
8:30 a.m.

NEW Date-Deadline:
April 16, 2021
(unchanged)
May 7, 2021
(unchanged)
May 21, 2021
(unchanged)
July 12, 2021
(unchanged)
August 11, 2021
(unchanged)
September 8, 2021
(unchanged)
January 12, 2022 at
10:00 a.m. (unchanged)
May 10, 2022, at 8:30
a.m.

21
22
23
24

IT IS SO ORDERED.
Dated:

January 25, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2