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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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN & COHEN
1260 Fulton Street
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for:

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Defendants CITY OF BAKERSFIELD, RYAN MAXWELL, TRAVIS
McNINCH, ROBERTO FIGUEROA JR., BRANDON DOYLE, EDGAR
GALDAMEZ, and JEREMIAH HOLT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GLORIA JEAN ISGAR,
Plaintiff,

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vs.

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CITY OF BAKERSFIELD, et al.
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Defendants.

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Case No. 1:18-CV-00433-JLT
STIPULATION TO MODIFY SCHEDULING
ORDER [DKT. NO. 37]; [PROPOSED]
ORDER THEREON

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RECITALS

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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;
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WHEREAS, the Plaintiff is evaluating the need to file a motion to amend her Second Amended

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Complaint but feels the need to depose particular witnesses before determining whether filing a Third
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Amended Complaint is warranted;

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3.

WHEREAS, Defense Counsel is unavailable to attend depositions in this matter during the

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entire month of April and first week of May as: (1) they have four major oppositions to motions, including

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motions for summary judgment, due on May 6, 2019, in the United States District Court, Southern District

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of New York, case of Twelve Sixty LLC, et al. v. Extreme Music Library Limited, et al., Case No. 1:17-CV-

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01479-PAC, the preparation of which is extensive and involves complex issues including motions to exclude

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key witnesses; and (2) they begin a one to two week trial on April 29, 2019, in the case of Valderrama, et al.

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v. Beautologie Cosmetic Surgery Inc., et al., Kern County Superior Court Case No. BCV-17-101520.

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4.

WHEREAS, due to Defense Counsel’s unavailability as set forth above, Defendants have

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agreed to allow Plaintiff additional time to determine whether or not she wants to seek leave to file a Third

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Amended Complaint so that she may take depositions she feels are necessary to do complete such analysis;

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5.

WHEREAS, the Parties hereto agree that the deadline to amend pleadings be extended to

June 17, 2019.
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WHEREAS, the requested extension will not affect the trial date of September 14, 2020, or

any of the dates related thereto.

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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.

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Dated: May 7, 2019

LAW OFFICE OF ALFRED R. HERNANDEZ

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/s/ Alfred R. Hernandez
By:________________________________
Alfred R. Hernandez,
Attorneys for Plaintiff

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Dated: May 7, 2019.

MARDEROSIAN & COHEN
/s/ Michael G. Marderosian
By:________________________________
Michael G. Marderosian,
Attorneys for Defendants
above-named.

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ORDER
Based upon the stipulation of the parties, the Court ORDERS:
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The scheduling order is amended to extend the deadline by which stipulations to amend or

motions to amend the pleadings to June 17, 2019.

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IT IS SO ORDERED.
Dated:

May 7, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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