Isgar v. City of Bakersfield et al

Filing 41

STIPULATION and ORDER 40 to Modify Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 5/7/2019. Pleading Amendment Deadline extended to 6/17/2019. (Hall, S)

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1 2 3 4 5 6 7 8 9 Michael G. Marderosian, No. 77296 Heather S. Cohen, No. 263093 MARDEROSIAN & COHEN 1260 Fulton Street Fresno, CA 93721 Telephone: (559) 441-7991 Facsimile: (559) 441-8170 Virginia Gennaro, No. 138877 City Attorney CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 Telephone: (661) 326-3721 Facsimile: (661) 852-2020 10 11 Attorneys for: 12 Defendants CITY OF BAKERSFIELD, RYAN MAXWELL, TRAVIS McNINCH, ROBERTO FIGUEROA JR., BRANDON DOYLE, EDGAR GALDAMEZ, and JEREMIAH HOLT 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 GLORIA JEAN ISGAR, Plaintiff, 17 18 vs. 19 CITY OF BAKERSFIELD, et al. 20 Defendants. 21 ) ) ) ) ) ) ) ) ) ) Case No. 1:18-CV-00433-JLT STIPULATION TO MODIFY SCHEDULING ORDER [DKT. NO. 37]; [PROPOSED] ORDER THEREON 22 RECITALS 23 24 25 1. WHEREAS, on December 13, 2018, this Court issued its Scheduling Order [Dkt. No. 37] setting the deadline to amend pleadings as May 17, 2019; 2. WHEREAS, the Plaintiff is evaluating the need to file a motion to amend her Second Amended 26 Complaint but feels the need to depose particular witnesses before determining whether filing a Third 27 Amended Complaint is warranted; 28 1 1 3. WHEREAS, Defense Counsel is unavailable to attend depositions in this matter during the 2 entire month of April and first week of May as: (1) they have four major oppositions to motions, including 3 motions for summary judgment, due on May 6, 2019, in the United States District Court, Southern District 4 of New York, case of Twelve Sixty LLC, et al. v. Extreme Music Library Limited, et al., Case No. 1:17-CV- 5 01479-PAC, the preparation of which is extensive and involves complex issues including motions to exclude 6 key witnesses; and (2) they begin a one to two week trial on April 29, 2019, in the case of Valderrama, et al. 7 v. Beautologie Cosmetic Surgery Inc., et al., Kern County Superior Court Case No. BCV-17-101520. 8 4. WHEREAS, due to Defense Counsel’s unavailability as set forth above, Defendants have 9 agreed to allow Plaintiff additional time to determine whether or not she wants to seek leave to file a Third 10 Amended Complaint so that she may take depositions she feels are necessary to do complete such analysis; 11 12 13 14 5. WHEREAS, the Parties hereto agree that the deadline to amend pleadings be extended to June 17, 2019. 6. WHEREAS, the requested extension will not affect the trial date of September 14, 2020, or any of the dates related thereto. 15 16 17 STIPULATION IT IS HEREBY STIPULATED by and between the Parties hereto through their respect attorneys of record that the deadline to amend pleadings be extended to June 17, 2019. 18 Dated: May 7, 2019 LAW OFFICE OF ALFRED R. HERNANDEZ 19 /s/ Alfred R. Hernandez By:________________________________ Alfred R. Hernandez, Attorneys for Plaintiff 20 21 22 23 24 25 26 Dated: May 7, 2019. MARDEROSIAN & COHEN /s/ Michael G. Marderosian By:________________________________ Michael G. Marderosian, Attorneys for Defendants above-named. 27 28 2 1 2 3 4 ORDER Based upon the stipulation of the parties, the Court ORDERS: 1. The scheduling order is amended to extend the deadline by which stipulations to amend or motions to amend the pleadings to June 17, 2019. 5 6 7 8 IT IS SO ORDERED. Dated: May 7, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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