Richard Bernier, III et al v. Walker et al

Filing 112

STIPULATION and ORDER signed by Magistrate Judge Sheila K. Oberto on 7/8/2024. Settlement Conference set for 8/29/2024 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Discovery due by 12/2/2024, Non-Dispositive Mot ions filed by 12/11/2024, Dispositive Motions filed by 12/18/2024, Pretrial Conference set for 2/3/2025 is CONTINUED to 3/24/2025 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. Jury Trial set for 4/1/2025 is CONTINUED to 5/20/2025 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Kusamura, W)

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1 James D. Weakley, Esq. Bar No. 082853 Brande L. Gustafson, Esq. Bar No. 267130 2 3 4 5 6 7 WEAKLEY & ARENDT A Professional Corporation 5200 N. Palm Ave., Suite 211 Fresno, California 93704 Telephone: (559) 221-5256 Facsimile: (559) 221-5262 jim@walaw-fresno.com brande@walaw-fresno.com Attorneys for Defendants, County of Fresno, Garrett Majors, John Robinson, and Nathaniel Wilkinson 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RICHARD CHARLES BERNIER, III; NADEZHDA USTINENKOV, ) ) ) Plaintiffs, ) ) vs. ) ) FRESNO POLICE OFFICER ANTHONY RODRIGUEZ; FRESNO POLICE OFFICER ) ) KEVIN JONES; FRESNO COUNTY SHERIFF’S DEPUTY GARRETT MAJORS; ) ) FRESNO COUNTY SHERIFF’S DEPUTY ) JOHN ROBINSON; FRESNO COUNTY ) SHERIFF’S DEPUTY NATHANIEL ) WILKINSON; UNKNOWN FRESNO ) COUNTY SHERIFF’S DEPARTMENT DEPUTIES; UNKNOWN FRESNO POLICE ) ) OFFICERS; THE CITY OF FRESNO, CALIFORNIA; THE COUNTY OF FRESNO, ) ) CALIFORNIA, ) ) Defendants. CASE NO. 1:18-cv-01131-JLT-SKO STIPULATION AND ORDER MODIFYING SCHEDULING ORDER Complaint Filed: August 20, 2018 Trial Date: April 1, 2025 24 IT IS HEREBY STIPULATED AND AGREED by and between the attorneys of records 25 for plaintiffs Richard Charles Bernier, III (“Bernier”) and Nadezhda Ustinenkov (“Ustinenkov”) 26 (collectively “Plaintiffs”) and defendants County of Fresno (“County”), Fresno County Sheriff’s 27 Deputies Garrett Majors (“Deputy Majors”), John Robinson (“Deputy Robinson”), and 28 Nathaniel Wilkinson (“Deputy Wilkinson”) (collectively “Defendants”) as follows: Stipulation & Order Modifying Scheduling Order 1 The parties agree to participate in a settlement conference to take place in mid to late 1 2 August 2024. 3 In light of the parties’ wishes to pursue settlement discussions through a settlement 4 conference, the parties agree that it is in the best interest of the court and parties, and in the 5 interest of most economically proceeding with the case, to amend the scheduling order to 6 continue the dates relating to expert discovery to a time after the conclusion of the settlement 7 conference as set forth below: 8 9 Event Current Date Proposed New Date Non-Expert Discovery Deadline July 19, 2024 No Change 10 Settlement Conference None Mid to Late August 2024 11 Expert Disclosures August 16, 2024 September 30, 2024 12 Rebuttal Expert Disclosures September 20, 2024 October 25, 2024 13 Expert Discovery October 11, 2024 November 22, 2024 14 Non-Dispositive Motion Deadline Non-Dispositive Motion Hearing Deadline Dispositive Motion Deadline October 18, 2024 November 1, 2024 November 20, 2024 December 9, 2024 November 1, 2024 No Change December 9, 2024 No Change 15 16 17 18 Dispositive Motion Hearing Deadline 19 The parties request this modification to the scheduling order because the earliest the 20 Defendants can obtain any settlement authority from the Board of Supervisors is August 8, 21 2024, and because the parties would expend substantial effort and expenses at the very time the 22 parties should be devoting their efforts to determining if the case can be settled. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Stipulation & Order Modifying Scheduling Order 2 1 2 IT IS SO STIPULATED. Dated: July 1, 2024 WEAKLEY & ARENDT A Professional Corporation 3 4 By: 5 6 7 8 Dated: July 2, 2024 9 LAW OFFICE OF KEVIN G. LITTLE By: 10 11 /s/ Brande L. Gustafson __ James D. Weakley Brande L. Gustafson Attorneys for Defendants County of Fresno, Garrett Majors, John Robinson, and Nathaniel Wilkinson /s/ Kevin G. Little (As authorized on 7/02/24) Kevin G. Little Attorneys for Plaintiffs Richard Charles Bernier, III and Nadezhda Ustinenkov 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & Order Modifying Scheduling Order 3 ORDER 1 THE PARTIES HAVING SO STIPULATED (Doc. 111), and good cause appearing 2 3 therefor, the Court hereby orders that the Scheduling Conference Order be modified as follows:1 4 5 Event Current Date New Date 6 Non-Expert Discovery Deadline July 19, 2024 No Change 7 Settlement Conference None August 29, 2024 at 10:30 AM.2 8 9 Expert Disclosures August 16, 2024 October 7, 2024 10 Rebuttal Expert Disclosures September 20, 2024 November 4, 2024 11 Expert Discovery October 11, 2024 December 2, 2024 12 Non-Dispositive Motion Deadline Non-Dispositive Motion Hearing Deadline Dispositive Motion Deadline October 18, 2024 December 11, 2024 November 20, 2024 January 15, 2025 November 1, 2024 December 18, 2024 December 9, 2024 January 22, 2025 February 3, 2025 March 24, 2025 April 1, 2025 May 20, 2025 13 14 15 16 17 Dispositive Motion Hearing Deadline Pre-Trial Conference Trial 18 19 20 IT IS SO ORDERED. 21 22 Dated: /s/ Sheila K. Oberto July 8, 2024 . UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 1 Some dates have been modified from the parties’ proposed order to accommodate the Court’s schedule. An Order re Settlement Conference will follow this order detailing the Court’s pre-settlement conference requirements. 2 28 Stipulation & Order Modifying Scheduling Order 4

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