Phillips-Kerley v. City of Fresno Fire Department, et al.

Filing 123

STIPULATION and ORDER to AMEND Scheduling Conference Order signed by Magistrate Judge Barbara A. McAuliffe on 4/25/2022. Supplemental Disclosure: 6/6/2022; Supplemental Expert Disclosure: 7/19/2022; Expert Discovery Cutoff: 8/9/2022; Pretrial Motion Filing Deadline: 10/4/2022; Pretrial Conference set for 6/5/2023 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii; Jury Trial set for 8/15/2023 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Sant Agata, S)

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Douglas T. Sloan, City Attorney (State Bar #194996)
Tina Griffin, Chief Assistant City Attorney (State Bar #210328)
CITY OF FRESNO
2600 Fresno Street, Room 2031
Fresno, California 93721-3602
BETTS & RUBIN, A Professional Corporation
907 Santa Fe Avenue, Suite 201
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]
James B. Betts (State Bar #110222)
Joseph D. Rubin (State Bar #149920)
Attorneys for CITY OF FRESNO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID PHILLIPS-KERLEY,

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vs.

Plaintiff,

CITY OF FRESNO FIRE
DEPARTMENT, a California
Governmental Entity; MIKE GILL, an
individual; RONALD CALDWELL, an
individual; CHARLES TOBIAS, an
individual; JERRY SMITH, an
individual; MARK HARVEY, an
individual; DONALD MAC ALPINE,
an individual; RONALD STOGDELL,
an individual; NICHOLAS MARTINO,
an individual; CASEY CLARK, an
individual; DANIEL ESCOBAR, an
individual; OSCAR BETANCOURT, an
individual; TONY ESCOBEDO, an
individual; JONATHAN CHEW, an
individual; KERRI DONIS, an
individual; RANDALL REITZ, an
individual; RICHARD CABRAL, an
individual; JOHN CREASY, an
individual; RICHARD WILLARD, an
individual; CARLTON JONES, an
individual; KENNETH PHILLIPS, an
individual; JEFFREY CARDELL, an
individual; BRUCE RUDD, an
individual; VAN TASSEL, an
individual; and DOES 1 to 10, inclusive,
Defendants.

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Case 1:18-cv-00438-AWI-BAM
STIPULATION TO AMEND SCHEDULING
CONFERENCE ORDER; AND ORDER
THEREON

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Stipulation to Amend Scheduling Order

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through
their respective counsel of record, as follows:
1.

This litigation involves an employment discrimination/civil rights action against

the City of Fresno based upon multiple alleged adverse employment actions. After various
motions, the matter became at issue on June 16, 2020 (Document 74). Shortly thereafter,
discovery was stayed as Plaintiff was attempting to locate new counsel.
2.

On March 15, 2021, the stay was lifted (Document 104). Subsequently, a

scheduling order was entered on July 1, 2021 (Document 115), and an amended scheduling order
on January 28, 2022 (Document 121).
3.

The parties have undertaken preliminary written discovery and have produced

over 7,500 pages of documents and audios.
4.

The pandemic significantly delayed depositions in this matter. All parties

put off depositions with the belief that certain depositions would be more beneficial in this type
of litigation if they were in person.

The parties have recently completed percipient discovery

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and depositions, and desire additional time for the review of transcripts by the deponents and for

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the potential use of discovery by experts.

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5.

Further, counsel for the City is in the process of moving its law office as the

building has been sold and is in escrow.
6.

All parties believe that the proposed extension on the remaining deadlines in the

Scheduling Conference Order would greatly assist the parties in completing expert discovery,

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having further settlement discussions and preparing for trial. Thus, the parties propose the

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following dates:

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Current Date
04/25/2022

Expert Disclosure:
−2−

New Date
06/06/2022

Stipulation to Amend Scheduling Order

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Supplemental Expert Disclosure:
Expert Discovery Cutoff:
Pretrial Motion Filing Deadline:
Pretrial Conference:
Trial:

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7.

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Conference Order be modified, and trial be set for August 8, 2023 or after.
Dated: April 25, 2022

BETTS & RUBIN
By

/s/ Joseph D. Rubin
Joseph D. Rubin
Attorneys for Defendant CITY OF FRESNO

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Dated: April 25, 2022

CURD, GALINDO & SMITH, LLP

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By

/s/ Alex Galindo
Alex Galindo
Attorneys for Plaintiff DAVID PHILLIPSKERLEY

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ORDER

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07/19/2022
08/09/2022
10/04/2022
04/06/2023
08/08/2023

Thus, it is respectfully requested that the remaining deadlines in the Scheduling

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05/24/2022
06/21/2022
08/16/2022
01/26/2023
04/18/2023

Based on the parties Stipulation, and good cause appearing IT IS HEREBY ORDERED
that the Scheduling Order will be modified in the following manner:
Expert Disclosure:
Supplemental Expert Disclosure:
Expert Discovery Cutoff:
Pretrial Motion Filing Deadline:
Pretrial Conference:
Trial:

06/06/2022
07/19/2022
08/09/2022
10/04/2022
06/05/2023
08/15/2023

IT IS SO ORDERED.
Dated:

April 25, 2022

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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−3−

Stipulation to Amend Scheduling Order