Washington v. Taser International, Inc.

Filing 91

STIPULATION AND ORDER TO MODIFY SCHEDULED DATES IN CONSOLIDATED CASES signed by Judge John A. Mendez on 5/1/13 ORDERING that the currently set deadlines are hereby modified as follows in these consolidated cases: Initial/Suppl. Disclosures due 7/12/1 3; Expert Witness Disclosure due 12/2/13; Supplemental/Rebuttal Disclosure due 1/6/14; Joint Mid-Litigation StatementDue (14 days prior to disc. close) due 3/14/14; All Discovery Closes 3/28/14; Deadline to file MSJ due 5/7/14; Hearing on MSJ set for 6/4/14 at 9:30 a.m; Final Pretrial Conference set for 7/18/14 at 11:00 a.m; Trial set for 9/8/14 at 9:00 a.m; All deadlines and other requirements indicated in the STATUS (Pre-trial Scheduling) ORDER, 10/12/12 74 , remain in effect, based upon these newly issued dates and deadlines. (Becknal, R)

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JAMES V. FITZGERALD, III (State Bar No. 55632)
NOAH G. BLECHMAN (State Bar No. 197167)
PETRA BRUGGISSER (State Bar No. 241173)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

John C. Burton (State Bar No.
86029)
LAW OFFICES OF JOHN
BURTON
Law 65 North Raymond Avenue,
Suite 300
Pasadena, CA 91103
Telephone:
[phone]
Facsimile
[phone]

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Attorneys for Defendants (both cases)

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ANDREW C. SCHWARTZ (State Bar No. 064578)
CASPER, MEADOWS, SCHWARTZ & COOK
A Professional Corporation
California Plaza
2121 North California Blvd., Suite 1020
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Plaintiff
ANDREW WASHINGTON, JR.,
a minor

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ATTORNEY S AT LA W
1211 NEWELL AVEN UE, WAL NUT CREEK, CA 94596
TELEPHONE: [phone]

McNA MA RA, N EY, B EA TTY , SLAT TE RY, B ORG ES & A MBA CH ER L LP

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Attorneys for Plaintiff
ANDREW WASHINGTON, JR., a minor

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JOHN L. BURRIS, Esq. (State Bar # 69888)
BENJAMIN NISENBAUM, Esq. (State Bar #222173)
LAW OFFICES OF JOHN L. BURRIS
7677 Oakport Street, Suite 1120
Oakland, CA 94621
Telephone: [phone]
Facsimile: [phone]

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Mark E. Merin (State Bar No.
043849)
LAW OFFICES OF MARK E.
MERIN
1010 F Street, Suite 300
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
ANDREW WASHINGTON, JR.,
a minor

Attorneys for Plaintiff
LORI BAUER
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDREW WASHINGTON, JR., A
MINOR, INDIVIDUALLY IN HIS
PERSONAL CAPACITY AND AS
SUCCESSOR IN INTEREST OF
DECEDENT ANDREW WASHINGTON,
SR., BY AND THROUGH HIS
GUARDIAN AD LITEM, ALEJANDRA
RAYA,

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Plaintiff,
vs.

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STIPULATION AND ORDER TO MODIFY SCHEDULED
DATES IN CONSOLIDATED CASES - 05-CV-00881 JAMDAD AND 06-CV-00549 JAM-DAD

Case No. 05-CV-00881 JAM-DAD
STIPULATION AND
ORDER TO MODIFY SCHEDULED
DATES IN CONSOLIDATED
CASES

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TASER INTERNATIONAL, INC.; CITY
OF VALLEJO; et al., ,

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Defendants.
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Case No. 06-CV-00549 JAM-DAD

LORI BAUER, INDIVIDUALLY, AND
AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF ANDREW
WASHINGTON,

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Plaintiff,
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ATTORNEY S AT LA W
1211 NEWELL AVEN UE, WAL NUT CREEK, CA 94596
TELEPHONE: [phone]

McNA MA RA, N EY, B EA TTY , SLAT TE RY, B ORG ES & A MBA CH ER L LP

vs.
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CITY OF VALLEJO, A MUNICIPAL
CORPORATION, et al.,

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Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action,
through their respective counsel of record, as follows:
WHEREAS these two cases are now consolidated for all purposes in front of Your Honor
via Stipulation and Order, e-filed April 2, 2013 (Document 89).

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WHEREAS lead counsel for all parties recently met and conferred to discuss the schedule

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currently in effect in this matter, a schedule issued in the Washington case, filed as the STATUS

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(Pre-trial Scheduling) ORDER, e-filed October 12, 2012 (Document 74).

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WHEREAS the parties have agreed to modify the currently set schedule, including the

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trial date, with approval from the Court, based upon good cause due to the fact that there is now a

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new Plaintiff involved in this Washington case (Ms. Bauer), the Vallejo Defendants did not have

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the opportunity to conduct any substantive discovery in the Washington matter due to the prior

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stay (from the Bankruptcy) and the fact that they were brought into the Washington case late in

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the litigation; the topography of this case has changed now that original Defendant in the

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Washington case, Taser International, Inc., has now been dismissed with prejudice; in addition,

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the law regarding the use of tasers has changed significantly since this incident in 2004. Based

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upon these and other issues, the parties seek to modify the currently scheduled dates in this case

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as follows:
STIPULATION AND ORDER TO MODIFY SCHEDULED
DATES IN CONSOLIDATED CASES - 05-CV-00881 JAMDAD AND 06-CV-00549 JAM-DAD

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ATTORNEY S AT LA W
1211 NEWELL AVEN UE, WAL NUT CREEK, CA 94596
TELEPHONE: [phone]

McNA MA RA, N EY, B EA TTY , SLAT TE RY, B ORG ES & A MBA CH ER L LP

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Description
Initial/Suppl. Disclosures
Expert Witness Disclosure
Supplemental/Rebuttal
Disclosure
Joint Mid-Litigation Statement
Due (14 days prior to disc.
close)
All Discovery Closes
Deadline to file MSJ
Hearing on MSJ
Final Pretrial Conference
Trial

Current Deadline
No outstanding deadline
May 3, 2013
June 7, 2013

Proposed New Deadline
July 12, 2013
December 2, 2013
January 6, 2014

July 5, 2013

March 14, 2014

July 19, 2013
August 28, 2013
September 25, 2013
November 8, 2013
February 3, 2014

March 28, 2014
April 23, 2014
May 28, 2014
July 18, 2014
August 11, 2014

WHEREAS the parties are in the process of attempting to schedule a mediation in these
consolidated cases to occur in late June of 2013.
WHEREAS the parties agree that good cause is present to modify the currently set
deadlines per the above table.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
DATED: May _1___, 2013

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CASPER, MEADOWS, SCHWARTZ & COOK
By: __/s/ Schwartz, Andrew_
ANDREW C. SCHWARTZ
JOHN C. BURTON
MARK E. MERIN
Attorneys for Plaintiff
ANDREW WASHINGTON, JR.

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____

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Dated: May _1__, 2013

LAW OFFICES OF JOHN L. BURRIS

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By:__/s/ Nisenbaum, Benjamin
John L. Burris, Esq.
Benjamin Nisenbaum, Esq.
Attorneys for Plaintiff Lori Bauer

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Dated: May _1__, 2013
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MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:

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/s/ Blechman, Noah______________
James V. Fitzgerald, III
Noah G. Blechman
Petra Bruggisser
Attorneys for Defendants (both cases)

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STIPULATION AND ORDER TO MODIFY SCHEDULED
DATES IN CONSOLIDATED CASES - 05-CV-00881 JAMDAD AND 06-CV-00549 JAM-DAD

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ORDER (as modified by the Court)

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Good cause having been shown by the parties, the Court hereby orders that the currently

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set deadlines issued in the Washington case are hereby modified as follows in these consolidated

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cases:

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ATTORNEY S AT LA W
1211 NEWELL AVEN UE, WAL NUT CREEK, CA 94596
TELEPHONE: [phone]

McNA MA RA, N EY, B EA TTY , SLAT TE RY, B ORG ES & A MBA CH ER L LP

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Description
Initial/Suppl. Disclosures
Expert Witness Disclosure
Supplemental/Rebuttal
Disclosure
Joint Mid-Litigation Statement
Due (14 days prior to disc.
close)
All Discovery Closes
Deadline to file MSJ
Hearing on MSJ
Final Pretrial Conference
Trial

Current Deadline
No outstanding deadline
May 3, 2013
June 7, 2013

New Deadline
July 12, 2013
December 2, 2013
January 6, 2014

July 5, 2013

March 14, 2014

July 19, 2013
August 28, 2013
September 25, 2013
November 8, 2013
February 3, 2014

March 28, 2014
May 7, 2014
June 4, 2014 at 9:30 a.m.
July 18, 2014 at 11:00 a.m.
Sept. 8, 2014 at 9:00 a.m.

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All deadlines and other requirements indicated in the STATUS (Pre-trial Scheduling)

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ORDER, e-filed October 12, 2012 (Document 74), remain in effect, based upon these newly

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issued dates and deadlines.

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IT IS SO ORDERED.

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Dated: May 1, 2013
/s/ John A. Mendez____________
Honorable John A. Mendez
United States District Court Judge

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STIPULATION AND ORDER TO MODIFY SCHEDULED
DATES IN CONSOLIDATED CASES - 05-CV-00881 JAMDAD AND 06-CV-00549 JAM-DAD

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