London Wallace v. City of Fresno et al

Filing 46

ORDER re STIPULATION TO AMEND SCHEDULING ORDER. IT IS HEREBY ORDERED that the February 11, 2020 scheduling order is amended as follows: Non-Expert Discovery Deadline: April 2, 2021. Expert Disclosure Deadline: April 9, 2021. Dispositi ve Motion Filing Deadline: April 21, 2021. Supplemental Expert Disclosure Deadline: April 30, 2021. Expert Discovery Deadline: May 19, 2021. Pretrial Conference set for June 30, 2021, at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. All other dates and aspects of the February 11, 2020 scheduling order shall remain in effect. Order signed by Magistrate Judge Stanley A. Boone on 1/7/2021. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LONDON WALLACE,

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Plaintiff,

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Case No. 1:19-cv-01199-AWI-SAB
ORDER RE STIPULATION TO AMEND
SCHEDULING ORDER

v.
(ECF No. 45)

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CITY OF FRESNO, et al.,

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Defendants.

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On February 11, 2020, the Court issued a scheduling order setting pretrial deadlines and

17 the trial date for this action. (ECF No. 33.) On January 6, 2021, the parties filed a stipulation
18 requesting the pretrial deadlines and pretrial conference date be extended. (ECF No. 45.) The
19 parties proffer that a previously completed deposition of Plaintiff occurred on November 16,
20 2020, with Plaintiff’s counsel appearing with Plaintiff in the same room, and now, there are four
21 depositions of Defendant officers scheduled in January of 2021. Although the depositions
22 provided for a remote appearance option, the COVID-19 lockdown and travel restrictions in
23 California have made it impossible for defense counsel to meet with these officers or to appear in
24 person with them in the same space at the time of the depositions. The parties state several of the
25 officer Defendants and/or percipient witnesses have either been previously diagnosed or are
26 currently suffering from COVID-19, and as a result, are under quarantine. The parties request an
27 extension of the discovery deadlines in order to allow the parties to reset the depositions to a
28 more conducive time for maintaining the health and safety of those involved. Based on the

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1 proffer and stipulation of the parties, the Court finds good cause to grant the parties’ first request
2 to modify the scheduling order.
Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that the February

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4 11, 2020 scheduling order is amended as follows:
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Non-Expert Discovery Deadline: April 2, 2021;

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2.

Expert Disclosure Deadline: April 9, 2021;

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3.

Dispositive Motion Filing Deadline: April 21, 2021;

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4.

Supplemental Expert Disclosure Deadline: April 30, 2021;

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5.

Expert Discovery Deadline: May 19, 2021;

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Pre-Trial Conference: June 30, 2021, at 10:00 a.m.; and

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All other dates and aspects of the February 11, 2020 scheduling order shall remain
in effect.

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IT IS SO ORDERED.

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January 7, 2021
UNITED STATES MAGISTRATE JUDGE

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